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Serving surveillance evidence

When should surveillance evidence be served? Catherine Burt looks at the lessons from a recent appeal involving a city council.

News headlines

Jun 21, 2018

Judge dismisses contempt application against fourth defendant in tree felling case

A High Court judge has dismissed an application by Sheffield City Council to have a defendant, Paul Brooke, committed to prison for contempt of court for breaching an injunction in relation to the local authority’s controversial Streets Ahead…
Jun 21, 2018

Top family judge concerned at prospective closure of FDAC National Unit

The President of the Family Division, Sir James Munby, has expressed concern at the “profoundly disturbing news” that the Family Drug and Alcohol Court (FDAC) National Unit has had to withdraw its application for funding to the Life Chances Fund…
Jun 21, 2018

Mayor of London to join legal action by councils over Heathrow expansion

The Mayor of London, Sadiq Khan, has announced that he will join the legal action being brought by a group of councils against Heathrow Airport expansion if Parliament votes in favour of a third runway next week.
Jun 21, 2018

Mayor of London to join legal action by councils over Heathrow expansion

The Mayor of London, Sadiq Khan, has announced that he will join the legal action being brought by a group of councils against Heathrow Airport expansion if Parliament votes in favour of a third runway next week.
Jun 20, 2018

Judge quashes permission for estate redevelopment over breach of equality duty

A High Court judge has quashed a council’s grant of planning permission for the demolition of up to 542 dwellings on a housing estate in Bath and their replacement with up to 700 dwellings, concluding that the local authority had breached the public…
Jun 20, 2018

Appeal judges uphold ruling on ministerial failure to take into account earlier decision

The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.
Jun 20, 2018

Judge rules on planning fee refunds, extensions

A planning fee need not be refunded if an application is left undetermined after 26 weeks if a longer period for decision has been agreed between the parties, the High Court has said.
Jun 20, 2018

Houseboat owners partially successful in appeal over moorings court order

A High Court judge has overturned parts of an order granted to the London Borough of Hounslow against houseboat owners moored on the River Thames in Brentford.
Jun 20, 2018

Westminster to pursue judicial review over cycle superhighway plans

Westminster City Council has issued judicial review proceedings over the route of a Transport for London (TfL) cycle superhighway across the borough.
Jun 19, 2018

Commissioners recommend end of oversight at Rotherham Council

The commissioners sent into Rotherham Council by the government have recommended to ministers that the council no longer needs their oversight.

Features and analysis

Settlement hierarchies

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A historic village has been protected from further housing development. David Lintott sets out some of the lessons from the planning inspector's decision.

Second successions?

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A recent High Court case focussed on the issue of statutory succession where one of two joint secure tenants had died, then the remaining tenant later died leaving an adult child (the defendant) in occupation. Rebecca Sembuuze reports.

A pragmatic approach

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John Murray takes a look into a specific appeal against a housing association landlord's decision to serve notice on a starter tenant.

CIL infrastructure and planning

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The Court of Appeal has accepted the possibility of refusing planning permission for development which is unacceptable in the absence of CIL infrastructure. Richard Langham explains why.

Children, consent and confinement

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The Court of Protection team at 39 Essex Chambers analyse recent rulings in relation to deprivations of liberty involving children and the question of consent.

Dealing with abnormally low tenders

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How should contracting authorities approach a situation where they believe a tender could be abnormally low? Richard Wilson, George Lubega and Graeme Young offer some pointers.

Protection for disabled staff

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In a high-profile case where a teacher was dismissed for showing an 18 rated film to 15- and 16-year olds, the Court of Appeal has given guidance on the meaning of section 15(1) Equality Act 2010, write Ben Cooper QC and Angharad Davies.

Crichel Down Rules: new case law

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A High Court case has offered new judicial guidance on the Crichel Down Rules that is of importance to local authorities and landowners. Patrick Robinson and Alex Minhinick set out the key points.

The place of innovation in procurement

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Trevor Watt examines recent guidance from Brussels on how commissioners can make use of 'innovation procurement'.

GDPR and procurement

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The introduction of the GDPR has significant implications for procurement practice, writes Jenny Beresford-Jones.

Learning from poorly drafted contracts

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A Court of Appeal ruling in a contract dispute involving a NHS trust highlights the importance of parties having a shared understanding of what is being agreed, write Justin Mendelle and Tola Odedoyin.

Home addresses of election candidates

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James Goudie QC analyses a recent High Court case over whether there was a requirement to publish a mayoral election candidate's home address.

Capacity and housing: a strange relationship

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The Court of Appeal has handed down an important judgment on the capacity to make a homelessness application. The Court of Protection team at 39 Essex Chambers examine the ruling.

Post-19 education and SEND

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LexisPSL Local Government, with Hannah Lynch of St Pauls Chambers, considers the key issues around post-19 education for young people with special educational needs and disabilities.

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