Skype in the Court of Protection: The courts in the time of coronavirus

Nageena Khalique QC and Sophia Roper explain what it was like to take part in a trial concerning withdrawal of life sustaining treatment that was heard by Mr Justice Mostyn with five parties and at least 20 participants over Skype for Business. Read more
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  NEWS

Mar 27, 2020

Court of Appeal remits possession case after housing association wins appeal despite breach of public sector equality duty

The Court of Appeal has allowed an appeal by a housing association in a case where it breached the public sector equality duty when seeking possession of a property.
Mar 27, 2020

All ongoing housing possession action to be suspended from today

The Master of the Rolls has decided that from today (27 March) the court service will suspend all ongoing housing possession action.
Mar 27, 2020

Public law specialist Broach moves to 39 Essex Chambers

Leading public law junior Steve Broach has joined 39 Essex Chambers with immediate effect.
Mar 26, 2020

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence

The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.
Mar 26, 2020

High Court judge highlights clash between diplomatic immunity and child protection

A Family Court case has highlighted a “virtually insoluble dilemma” between diplomatic immunity and child protection, leading Mr Justice Mostyn to call for an amendment to the 1961 Vienna Convention on Diplomatic Relations.
Mar 25, 2020

Judge gives guidance on application to Court of Appeal for interim relief

Lord Justice Hickinbottom has given guidance on making applications to the Court of Appeal for interim relief, in a housing case he declined to conclude because it had become academic.
Mar 25, 2020

Upper Tribunal cuts £572k civil penalties in housing case by 70%

The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.
Mar 23, 2020

Ministry of Justice clarifies those key workers seen as “essential to the running of the justice system”

The Ministry of Justice has shared a list of key workers considered “essential to the running of the justice system” during the coronavirus outbreak and therefore whose children will be prioritised for education provision, the Bar Council has revealed.
Mar 23, 2020

London borough launches challenge to grant of planning permission by Secretary of State for 1,500-home scheme

The London Borough of Tower Hamlets last week launched a legal challenge to the Secretary of State for Housing, Communities and Local Government’s decision to grant planning permission for the Westferry Printworks site.
Mar 23, 2020

Judiciary issue protocol on conduct of remote hearings in civil justice

The judiciary have published a protocol on the conduct of remote hearings in civil justice in England and Wales.

  FEATURES AND ANALYSIS

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March 27, 2020

How not to conduct a placement application

A recent case contains some very useful observations about placement applications and a good analysis of the case law, writes Anne Chavasse.
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March 26, 2020

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence

The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.
March 26, 2020

Housing case law update: March 2020

Paul Lloyd, Victoria Smith and Elena-Lucia Stoian round up the latest housing law rulings from the courts and a recent report from the Local Government and Social Care Ombudsman.
March 26, 2020

COVID-19 and social landlords: updated

Angela Hall, Elizabeth England and Tristan Salter provide an update for social landlords on the changes taking place as a response to the pandemic.
March 26, 2020

Disability discrimination in pursuit of a legitimate aim

A recent case looked closely at the actions of a housing provider which sought to evict a disabled tenant following his assault on one of the trust's employees. John Murray unpacks the judgment.
March 26, 2020

Welsh social landlords and judicial review

Can a Welsh registered social landlord who is not a public body for Office National Statistics be the subject of a judicial review when it delivers a public function? Tim Edds investigates.
March 19, 2020

Covid-19: Court of Protection guidance on visiting P and hearings

The Court of Protection has issued two important pieces of guidance in the last two days, writes Jonathan Auburn.
March 13, 2020

Local authority duties and decision-making

The Court of Appeal has given important guidance on local authority duties and decision-making. James Goudie QC and Ronnie Dennis set out its key findings.

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  MORE NEWS

Mar 19, 2020

Family President issues national guidance for Family Court and High Court Family Division

The President of the Family Division has published national guidance on Covid-19 that should be followed with immediate effect by all levels of the Family Court and the High Court Family Division.
Mar 19, 2020

High Court gives green light to challenge over refusal by national park authority to pursue traffic regulation order

The High Court has recently granted Green Lanes Environmental Action Movement (“GLEAM”) permission to pursue a claim for judicial review against the Lake District National Park Authority over its refusal to pursue a traffic regulation order (“TRO”) to prohibit or reduce traffic from motorised vehicles, particularly four wheel drives, on two unsealed roads in the Lake District National Park.
Mar 19, 2020

Lord Chief Justice sets out default position for hearings in civil and family cases, issues outline guidance to judges

The default position now in all jurisdictions must be that hearings should be conducted with one, more than one or all participants attending remotely, the Lord Chief Justice has said in a message to judges in the civil and family courts about the impact of the coronavirus.
Mar 19, 2020

London Mayor concedes over planning permission for London hotel site, agrees to pay council £90k in costs

London Mayor Sadiq Khan has accepted he was wrong to grant planning permission for a west London hotel site and has agreed to pay the Royal Borough of Kensington & Chelsea costs of £90,000.
Mar 19, 2020

Court of Appeal finds for council in dispute over false statement and social housing

A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.
Mar 19, 2020

Emergency legislation to prevent start of possession proceedings for three-month period

Emergency legislation will suspend new evictions from social or private rented accommodation while the national emergency over Covid-19 is taking place, the Ministry for Housing, Communities and Local Government (MHCLG) has announced.
Mar 18, 2020

Mother sends letter before action to government over coronavirus and strategy for needs of younger disabled people, lack of testing of health and social care workers

Claimant law firm Simpson Millar has sent a letter before action on behalf of the mother of a child with a number of complex health and learning disabilities calling on the UK government to confirm its strategy for “meeting the needs of younger disabled people (children and working age adults) in the context of the current pandemic”.
Mar 18, 2020

Supreme Court gives NHS trust permission to appeal voluntary overtime and holiday pay ruling

The Supreme Court has given the East of England Ambulance Service NHS Trust permission to appeal from the Court of Appeal’s ruling that voluntary overtime needed to be included in the calculation of holiday pay for its workers.
Mar 18, 2020

High Court to hear dispute between leisure trust and regional park authority over management fee

The High Court is due tomorrow (19 March) to hear an action brought by Lee Valley Leisure Trust as part of a bitter dispute with the Lee Valley Regional Park Authority.
Mar 17, 2020

Lord Chief Justice calls for more remote hearings, says it is vital administration of justice does not grind to a halt

There is an urgent need to increase the use of telephone and video technology immediately to hold remote hearings where possible, the Lord Chief Justice has said, saying it is “of vital importance that the administration of justice does not grind to a halt”.
Mar 17, 2020

Council defends challenge over provision of secure accommodation for children at risk of being detained by police

Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.
Mar 16, 2020

Council suspends debt-related court action against residents during coronavirus pandemic

Sandwell Council is to suspend council debt-related court action against residents during the coronavirus pandemic.
Mar 16, 2020

Court of Appeal upholds no order for costs decision in housing case where claimant withdrew proceedings after being given new accommodation

A judge was entitled to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.
Mar 16, 2020

Judge orders dialysis treatment where refusal by 34-year-old man was manifestation of his mental disorder

A 34-year-old man’s refusal of dialysis was a manifestation of his mental disorder and so he should be ordered to undergo treatment at times when he does not consent to it, a Court of Protection judge has found.
Mar 16, 2020

Mother launches judicial review challenge over decision not to close schools in Northern Ireland over coronavirus outbreak

Lawyers acting for a mother with a child at primary school in County Armagh have said they intend to apply for emergency judicial review of the decision not to close schools across Northern Ireland.
Mar 13, 2020

HMCTS issues guidance for courts and tribunals users during coronavirus outbreak

HM Courts and Tribunals Service has today (13 March) issued guidance for all court and tribunal users during the coronavirus outbreak.
Mar 12, 2020

Borough council defeats High Court challenge over permission for 200 new homes less than 100 metres from waste tip

A borough council has defeated a judicial review challenge over its decision to allow up to 200 new homes on farmland less than 100 metres from a waste tip.
Mar 12, 2020

Supreme Court hears £500m case on cash machines and business rates

The Supreme Court is this week (11-12 March) hearing an appeal from valuation officers over the rating of ATM machines and similar facilities.
Mar 12, 2020

Land promoter loses High Court challenge over application of 'tilted balance'

Land promoter Gladman has lost two High Court challenges to planning inspectors’ decisions on the ‘tilted balance’ in the National Planning Policy Framework (NPPF).
Mar 12, 2020

Appeal judge hits out at "all-too-prevalent attitude" that in judicial review applications it is always possible to "have another go"

A Court of Appeal judge has criticised the way a case was brought that sought to challenge a ruling over a development in Wakefield.
Mar 12, 2020

District council hit by fourth judicial review claim from campaign group

South Cambridgeshire District Council faces a fourth judicial review brought within three months from a local residents’ group.
Mar 12, 2020

High Court sets aside council tax ruling by tribunal in Wales over procedural unfairness

The High Court has overturned a council tax ruling by the Valuation Tribunal for Wales on the grounds that its procedural unfairness amounted to a legal error.
Mar 11, 2020

Supreme Court refuses permission to appeal in row over Public Spaces Protection order and abortion clinic ‘buffer zone’

The Supreme Court yesterday refused an application for permission to appeal in a dispute over the lawfulness of a Public Spaces Protection Order (PSPO) that created a ‘safe zone’ around an abortion clinic.
Mar 11, 2020

Claimant ordered to pay £13k in legal costs to council over pothole injury claim

Sunderland City Council has secured a £13,000 costs order against a claimant who said he had suffered a knee injury when he hit a pothole on his motorbike.
Mar 10, 2020

Defendant sentenced after being caught on CCTV injuring himself to claim against housing association

A man has been sentenced after CCTV caught him purposely banging his knee five times on a paving stone in order to make a fake injury claim against a housing association.

  MORE FEATURES

March 13, 2020

Phased planning permissions and CIL Liability Notices

Christopher Cant looks at the lessons to be learned from a Planning Court judge's ruling on the Community Infrastructure Levy (CIL) and phased planning permissions.
March 13, 2020

Amendment of LA Plan, post final orders - what can parents do?

Natalie Cross looks at what needs to happen where parents seek to challenge a change to a care plan where the earlier plan (i.e. remaining at home) has already been approved by the court when the final order was made.
March 06, 2020

Heathrow Airport expansion and climate change policy

The Court of Appeal has declared the Heathrow expansion decision unlawful on climate change grounds. David Hart QC explains why.
March 06, 2020

Not only inimical… but potentially fatal: medical treatment cases and delay

A recent case shows how important it is that doctors and other professionals are supported within their organisations to understand the points at which they need to consider an application to the Court of Protection, writes the CoP team at 39 Essex Chambers.
February 28, 2020

Judges in their own cause

Ian Graves sets out the lessons learned for local authorities when granting planning permission on their own land.
February 28, 2020

Mediation and planning disputes

Mediation can resolve a wide range and type of planning dispute. John Howell MP and John Pugh-Smith explain why it should be considered.
February 28, 2020

Historical child abuse and limitation – check your public liability policies

The Court of Appeal has handed down a decision that has significant implications for all those organisations that may face historical abuse claims, writes Sarah Erwin-Jones.
February 26, 2020

Housing case law update: February 2020

Michael Owen, Helen Gascoigne and Ian Larkins round up the latest housing law rulings from the courts and recent reports from the Local Government and Social Care Ombudsman.
February 25, 2020

Assessment of witness evidence – recent authority

The Court of Appeal has revisited jurisprudence concerning the assessment of witness evidence. Andy Lane examines the judgment.
February 25, 2020

A matter of respect

The Upper Tribunal has reinstated 'generous' penalties for Housing Act 2004 licensing offences. Dean Underwood examines its ruling.
February 21, 2020

Parental contact – private v public law proceedings

Lucy Sowden and Shabab Rizvi analyse how the promotion of contact differs whether proceedings are in relation to private law or public law.
February 21, 2020

Persuading a judge to strike the claim out

Francesca O’Neill looks at the lessons to be learned from two recent cases where defective service of the Claim Form or the Particulars of Claim led to a judge striking out the claims.
February 21, 2020

Infrastructure planning and conventional planning: the borderlines between the two regimes

The High Court recently upheld the Secretary of State for Transport’s decision that expansion proposals for London Stansted Airport should not be treated as a Nationally Significant Infrastructure Project. Charles Banner QC explains why.
February 14, 2020

Interpretation of lawful use certificates

Michael Rudd analyses the outcome of a recent case concerning the applicability of the familiar interpretative principles of planning permissions to lawful development certificates.
February 14, 2020

How to be a judge of openness

A county council recently won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt. Harriet Townsend looks at the lessons to be learned.
February 14, 2020

Consulting on the reconfiguration of hospital services

The Court of Appeal last month rejected a challenge to reorganisation plans by two clinical commissioning groups in the North East. 39 Essex Chambers explains why.
February 14, 2020

Fluctuating capacity – another judicial take

A judge has set out a way forward for the Court of Protection to grapple with the difficult issue of fluctuating capacity, writes Alex Ruck Keene.
February 14, 2020

We need to talk about Section 73: The Lambeth and Finney cases

Michael Dempsey discusses whether two recent decisions are indicative of something more fundamental about section 73 and how it is used and understood in practice.
February 07, 2020

Green Space borough-wide preventative injunctions: the view from the Court of Appeal

Steven Woolf examines the Court of Appeal's recent decision and guidance on Green Space borough-wide preventative injunctions.
February 07, 2020

Extending prior-approval time limits by agreement

The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.