POCA and planning offenders

Roderick Morton considers a recent Court of Appeal ruling which suggests the pendulum is swinging back towards a more balanced view of POCA confiscations in planning cases. Read more
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  NEWS

Sep 17, 2020

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case

An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.
Sep 16, 2020

Government extends period of protection for commercial tenants from eviction

The government has extended protection for commercial tenants from eviction until the end of the year, the Communities Secretary has announced.
Sep 16, 2020

Temporary increase in the notice period for eviction in Wales to be extended

The temporary increase in notice periods for eviction in Wales, including those announced in July, will be extended to 31 March 2021, Housing and Local Government Minister Julie James has announced.
Sep 16, 2020

Claimant firms call for more representative panel for review of administrative law

A group of leading claimant law firms has written to the Lord Chancellor to voice concern that the panel members of Independent Review of Administrative Law (IRAL) “are not fully representative of those concerned about the future of judicial review”.
Sep 14, 2020

Council awarded indemnity costs after High Court waste dispute win

A High Court judge has awarded Essex County Council indemnity costs after ruling earlier this year that the local authority had been entitled as of 13 June 2019 to terminate a 25-year contract with UBB for the processing of household waste.
Sep 11, 2020

Six new High Court judges appointed, with another ten on the way

The former director general of the Attorney General’s Office, Rowena Collins Rice, and barristers from 11KBW and Kings Chambers are among six new Justices of the High Court.
Sep 09, 2020

Government faces legal challenge over exclusion of municipal waste incinerators from emissions trading scheme

An environmental campaigner has initiated an application for judicial review of the government’s decision to exclude municipal waste incinerators from the UK Emissions Trading Scheme.
Sep 09, 2020

High Court to hear legal battle next month over award of festival contract

The High Court is due next month to hear a procurement challenge over how the Royal Parks awarded a contract to organise concerts in London’s Hyde Park.
Sep 09, 2020

Developer loses Court of Appeal battle over refusal of 765-home schemes

A developer has lost on all four grounds in a legal challenge to Salford City Council and the Secretary of State for Housing, Communities and Local Government over their refusal to grant permission for a major scheme.
Sep 09, 2020

Campaign group crowd funds legal challenge to government over air quality

The Good Law Project, a not-for-profit organisation that aims to use the law to protect the interests of the public, is seeking to crowd fund an action against the government on air quality.

  FEATURES AND ANALYSIS

September 17, 2020

Public law children case update: contact, nationality and stays

Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.
September 10, 2020

The NPPF and “out-of-date”

The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.
September 10, 2020

Continuous supervision and control

Alex Ruck Keene analyses a further judicial take on deprivation of liberty.
September 10, 2020

Possession Notices – all change once more!

Alex Loxton sets out the government's proposed changes to the notice periods to be given to tenants when seeking possession of a property.
September 10, 2020

Homelessness application: Interim relief, suitability and housing benefit

Clare Cullen considers a recent High Court decision to adjourn a case considering the suitability of interim accommodation where further information was required.
September 10, 2020

Planning inspectors and "split decisions"

A Planning Court judge has ruled on the proper approach to split decisions. John Hunter and Killian Garvey explain the outcome.
September 04, 2020

Bilingual devolved legislation, the Welsh language and public law

A recent High Court judgment deals with the mechanics of school reorganisation in Wales. However, the Court’s approach to interpretation of bilingual devolved legislation, and the importance of the Welsh language more generally, is of broader importance and interest to public law practitioners in Wales, write Owain Rhys James and Isabelle Knight.
September 03, 2020

Standing to bring a procurement challenge

A Technology & Construction Court judge recently ruled that a consortium bringing a procurement claim was not an economic operator under the Public Contracts Regulations 2015 and would have had no chance of winning a hypothetical procurement. Colin Ricciardello analyses the judge's reasoning.

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  MORE NEWS

Sep 09, 2020

Judicial review panel led by Lord Faulks QC issues call for evidence

The Independent Review of Administrative Law (IRAL) has issued a call for evidence “on how well or effectively judicial review balances the legitimate interest in citizens being able to challenge the lawfulness of executive action with the role of the executive in carrying on the business of government, both locally and centrally”.
Sep 07, 2020

Consultation held on short Social Work Evidence Template for use in urgent hearings

A consultation is being held on a proposed short Social Work Evidence Template (SWET) for use in urgent hearings, as well as an updated version of the full SWET.
Sep 07, 2020

Divisional Court to hear legal challenge next month on permitted development changes

A Divisional Court will next month hear campaign group Rights : Community : Action’s (RCA’s) judicial review challenge to the government’s new rules on permitted development.
Sep 03, 2020

Academy of Experts issues guidance for expert witnesses on giving evidence remotely

The Academy of Experts has issued guidance for expert witnesses on giving evidence remotely, with the document approved by its judicial committee.
Sep 03, 2020

Legal challenge launched against Environment Agency over height of chimney for proposed incinerator

A group opposed to incineration has applied through law firm Leigh Day to the High Court for permission to judicially review a project whose chimney it complains is too small.
Sep 03, 2020

Isle of Wight Council takes preliminary steps for legal action over ‘floating bridge’ ferry

Isle of Wight Council has taken pre-action legal steps with suppliers of the island’s ‘floating bridge’ ferry after it spent most of the summer out of action.
Sep 03, 2020

London mayor granted permission for judicial review challenge over incinerator plan

The High Court has agreed to allow London mayor Sadiq Khan to challenge at judicial review a plan to build an incinerator at Belvedere, in south-east London.
Sep 03, 2020

Mayor intervenes to prevent zip wire in Liverpool city centre after legal threats

Liverpool’s elected mayor has stepped in to prevent a zip wire attraction being built in the city centre after conservation group the Victorian Society threatened legal action.
Aug 31, 2020

Court of Appeal agrees to hear case on how homelessness applicants should proceed with challenges

The Court of Appeal has granted permission for an appeal in a case that is said to raise an important point of legal principle relating to homelessness appeals.
Aug 31, 2020

Court of Appeal to hear challenge to dilution of children’s safeguards this week

The Court of Appeal will this week (4 September) hear Article 39’s appeal over a High Court ruling that while the Department for Education’s Coronavirus Regulations did damage children’s safeguards, they were not unlawful due to the pandemic.
Aug 28, 2020

Court of Appeal refuses council and claimants permission for appeal over Kent stroke services reconfiguration

The Court of Appeal has refused permission to appeal a High Court ruling dismissing a judicial review challenge to a stroke services review in Kent.
Aug 28, 2020

Lambeth eyes joining LBLA for access to barristers framework

Lambeth Council is to consider joining the London Boroughs Legal Alliance (LBLA) as an associate member so it can access its barristers framework.
Aug 27, 2020

Government hit with legal challenge over failure to publish contract award notices during pandemic

The Good Law Project and three MPs have launched a judicial review challenge amid claims that the Government has repeatedly failed to lawfully publish contract award notices, in respect of contracts connected to COVID-19, which have been awarded.
Aug 27, 2020

Council loses appeal over £200 confiscation order in housing case when benefit said to be several hundreds of thousands of pounds

The London Borough of Islington has lost “a most unusual” Court of Appeal action in which it argued that a confiscation order in a housing overcrowding case was too lenient.
Aug 27, 2020

Court of Appeal dismisses legal challenge over confiscation orders and costs of removing contaminated waste

The Court of Appeal has rejected a case in which two men argued that a Crown Court judge miscalculated confiscation orders made following a prosecution by the Environment Agency.
Aug 26, 2020

Parents win fresh hearing in dispute over school named in EHC plan

The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.
Aug 25, 2020

Family Court judge allows autistic mother to type evidence in witness box during care proceedings

A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.
Aug 25, 2020

Government hit by legal challenge over new permitted development rules

A campaign group has launched a judicial review challenge to the Government’s new rules on permitted development, which the Prime Minister’s Office at the time of their launch described as “the most radical reforms to our planning system since the Second World War".
Aug 25, 2020

Crown Court dismisses appeal by taxi driver over revocation of licence

A hackney carriage driver has lost their appeal to the Crown Court against Guildford Borough Council's decision to revoke their licence.
Aug 24, 2020

Council secures permission for appeal over secure flexible tenancies and possession during fixed term

The Court of Appeal has granted the London Borough of Croydon permission to appeal a High Court ruling on secure flexible tenancies and possession during fixed term, it has been reported.
Aug 24, 2020

Mother and grandparents win appeal over interim care orders

The Court of Appeal has allowed an appeal by a mother and the maternal grandparents against interim care orders made in respect of three children, saying the transcript of the hearing before the recorder “demonstrates once again the difficulties facing courts required to conduct hearings remotely because of the restrictions imposed as a result of the pandemic”.
Aug 24, 2020

Judge rejects challenge to how park authority decided against introducing traffic regulation order over off-road driving on two Lake District green lanes

A High Court judge has rejected a legal challenge to a decision not to impose a traffic regulation order (TRO) that would have stopped green lanes in the Langdale area of the Lake District being used for off-road driving.
Aug 21, 2020

Quarantined legal professionals should not be permitted to attend court, says Law Society

The Law Society of England and Wales has warned that legal professionals should not break quarantine to attend hearings and tribunals despite government guidance that lawyers will be allowed to break the mandatory self-isolation period to attend court or tribunal hearings.
Aug 21, 2020

Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted

Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.
Aug 20, 2020

Council facing £5m+ claim from construction firm after project stopped during lockdown: report

Northumberland County Council faces a legal claim for some £5.5m after a construction project was shut during the COVID-19 lockdown, it has been reported.

  MORE FEATURES

September 03, 2020

Children in care and national identity

David Josty discusses a recent Court of Appeal ruling on the scope of a local authority's decision making in a relation to the national identity of a child in care.
August 31, 2020

Housing Case Law Update - August 2020

Christopher Skinner, Helen Gascoigne and Elena-Lucia Stoian discuss important new housing law cases from June and July 2020.
August 27, 2020

Similar fact evidence in family proceedings

A mother recently won an appeal from a case management decision to exclude similar fact evidence in private family proceedings, ahead of a fact-finding hearing. The issues apply to public law cases as well, writes Hazel Samuriwo.
August 27, 2020

Section 106 agreements and outline and s.73 planning permissions

The High Court has considered whether, following an outline planning permission for housing subject to a s106 agreement, section 73 permissions for essentially the same development were bound by the agreement. Christopher Lockhart-Mummery QC analyses the judgment.
August 24, 2020

The 11th hour extension to the possession claim stay

Andy Lane and Tara O’Leary consider the late changes announced by the Government to extend the stay of possession claims beyond the 23 August deadline.
August 20, 2020

Child, mother, journalist – whose rights win out?

Matthew White analyses the first recorded High Court judgment concerning journalistic access to the court file in public law family proceedings.
August 20, 2020

Is there a duty to give reasons when granting planning permission?

In planning decisions such as Environmental Impact Assessments (EIA) and planning appeals, a duty to give reasons is provided for in statute. But since its abolition in 2013, the duty to give reasons for the grant of planning permission by local planning authorities (LPAs) has not been a statutory requirement. Ros Trotman examines the growing body of case law where a common law duty to give…
August 20, 2020

The impact of withdrawn Part 36 offers when resolving disputes

Justine Soutter considers the effect of a recent case, involving a borough council, on withdrawn Part 36 offers for successful parties.
August 20, 2020

Minicabs and the Congestion Charge

The Court of Appeal has upheld the imposition of the congestion charge for minicabs. Marie Demetriou QC, Malcolm Birdling and David Heaton explain why.
August 13, 2020

Contact with children in care: COVID-19

The Court of Appeal has confirmed that the ordinary principles governing applications for contact with children in care continue to apply during the COVID-19 pandemic, even though outcomes may well be affected by the practical difficulties that are being faced. Hazel Samuriwo outlines the judgment.
August 13, 2020

Possession claims after the stay is lifted

Andy Lane explains and provides an overview of the post-23 August 2020 landscape for residential possession claims.
August 06, 2020

Consideration of private evidence and carer’s needs under the Care Act 2014

A recent judgment highlights the importance for local authorities to carefully consider privately-obtained evidence in Care Act 2014 needs assessments and how a carer’s needs interact with those of a person needing care, writes Arianna Kelly.
August 06, 2020

A new lease of life for public space injunctions?

What can councils do to obtain an injunction after the Bromley judgment? Jack Smyth looks at the lessons from the first hearing after the Court of Appeal ruling.
August 06, 2020

The lawfulness of the registration process in disability discrimination claims

Jennifer Thelen analyses a recent Upper Tribunal school exclusion case which considered – and criticised – the process of “registering” claims for disability discrimination operated in the First-tier Tribunal.
August 06, 2020

Continuing care decisions and children

A claimant recently brought a successful irrationality challenge to an NHS continuing care decision. Michael Armitage and Ciar McAndrew explain how.
July 30, 2020

The concept of “Openness” - 2020 vision at last?

It is, perhaps, one of the many oddities as well as ironies of 2020, so far, that having been in national “lockdown” the Higher Courts have produced more planning jurisprudence on the concept of “openness” this year than ever before, writes John Pugh-Smith.
July 30, 2020

Alcohol and capacity

A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths.
July 30, 2020

One size fits all? Considering children law cases on their facts

A recent judgment of the Court of Appeal should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002, writes Richard Alomo.
July 30, 2020

Extreme urgency?

The judicial spotlight is now trained on Regulation 32(2)(c) and the direct award of contracts on the basis of extreme urgency, writes Rachel Whitaker.
July 30, 2020

The Mental Health Act, s117 after-care and ordinary residence

The Court of Protection team at 39 Essex Chambers explain the background to the government's change of approach to ordinary residence for s.117 after-care.