Listing ACVs and compensation

Ruth Stockley analyses the first Upper Tribunal decision on compensation provisions relating to assets of community value. Read more
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  NEWS

Dec 03, 2020

When must an unsuccessful litigant accept "No" for an answer? Court of Appeal hands down latest ruling in long-running planning battle

A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.
Dec 03, 2020

Court of Appeal finds for housing association over grounds maintenance service charge

A social landlord was entitled to impose an extra charge on residents for grounds maintenance in a case affecting some 3,400 tenancy agreements, the Court Of Appeal has ruled.
Dec 03, 2020

Court of Appeal upholds adoption after rare hearing of substantive application for revocation

The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.
Dec 03, 2020

Council defends High Court challenge over decentralised model of specialist educational support

The London Borough of Redbridge was entitled to operate a decentralised system of specialist support under which teaching assistants are employed directly by schools, the Court of Appeal has ruled.
Dec 02, 2020

Ministry of Justice consults on reforms to arrangements for obtaining permission to appeal from Upper Tribunal to Court of Appeal

The Ministry of Justice is seeking views on proposals for reforms to arrangements for obtaining permission to appeal from the Upper Tribunal to the Court of Appeal and arrangements for second appeals to the Court of Session.
Dec 02, 2020

MoJ to open three more ‘Nightingale’ courtrooms handling family cases at Westminster HQ

The Ministry of Justice is to open three additional ‘Nightingale' courtrooms at its headquarters that will handle family cases until summer 2021.
Dec 02, 2020

Court of Appeal urges consideration of rule changes to procedure for judicial review claims after dismissing challenge to ‘lockdown’ regulations

The Court of Appeal has expressed concern at the trend towards the “rolling” approach to judicial review and also “excessive prolixity and complexity” of grounds of challenge, after rejecting a businessman’s appeal over the ‘lockdown’ regulations made in response to the Covid-19 pandemic.
Dec 01, 2020

Council sends pre-action protocol letter after being placed in Tier 3

A district council is to bring a judicial review challenge over the Government's decision to put it into Tier 3 after the current lockdown restrictions end.
Dec 01, 2020

Family President introduces requirement for court to notify Ofsted of unregistered placements where inherent jurisdiction used to authorise deprivation of liberty of child

The President of the Family Division, Sir Andrew McFarlane, has amended the practice guidance he issued in November 2019 explaining the registration and regulation structure applicable in England and, separately, in Wales for residential care facilities for children and young people.
Dec 01, 2020

High Court gives permission for legal challenge to decision to close hospital A&E department temporarily as part of plans for Covid-safe “Green Site”

A High Court judge has given permission for a legal challenge over a decision to close Grantham and District Hospital’s A&E department and replace it with an urgent care centre until at least 31 March 2021.

  FEATURES AND ANALYSIS

December 04, 2020

Refusing an offer of accommodation

A London borough has succeeded in the Court of Appeal on the issue of what constitutes a refusal under s.193(7) of the Housing Act 1996. Michael Mullin and Elizabeth England explain why.
December 04, 2020

Reporting upon capacity for the court (and more broadly) – what (not) to do

A recent Court of Protection decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be, writes Alex Ruck Keene.
December 04, 2020

The Standard of Proof in Inquests

Jonathan Landau examines the implications for local authorities of the Supreme Court's ruling in the Maughan case.
November 27, 2020

Robust decision-making

Matthew Alderton examines how public bodies reduce the scope for an irrationality challenge.
November 26, 2020

HMO licensing, the ‘fit and proper’ test and spent convictions

The Court of Appeal has provided clarity for the test of a ‘fit and proper’ licence holder for houses in multiple occupancy (HMOs), write Simon Kiely and Christian Grierson.
November 13, 2020

Planning court – Not so fab four

Richard Harwood QC considers the means of challenging planning and related decisions and suggests possible reforms.
November 13, 2020

That ADR feeling

The Independent Review of Administrative Law and the Civil Justice Council review of Pre-Action Protocols need to highlight the tangible benefits that can be derived from the greater promotion and use of ADR within the current administrative law system, writes John Pugh-Smith.
November 13, 2020

The inherent jurisdiction, deprivation of liberty and out of hours applications

The Court of Appeal recently set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached. Alex Ruck Keene analyses the ruling.

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  MORE NEWS

Nov 30, 2020

Campaign group crowd funds judicial review challenge of Stonehenge dual carriageway plan

A group in opposition to the government's recently approved plan to build a dual carriageway beneath the Stonehenge World Heritage Site has launched a crowdfunding campaign to fund a judicial review of the decision.
Nov 30, 2020

Court of Appeal highlights need for early legal advice where adoption placements near point of breakdown

The first reported occasion on which the courts have had to consider whether prospective adopters gave notice of their wish to return the child highlights the need for early legal advice, the Court of Appeal has said.
Nov 30, 2020

Court to hear legal challenge to planning definition of Gypsies and Travellers in December

A court will hear a legal challenge on 10 and 11 December over the lawfulness of the government’s planning definition of Gypsies and Travellers, it has been reported.
Nov 30, 2020

Council defeats High Court personal injury claim brought by cyclist who swerved on to wrong side at bend in road

A High Court judge has rejected a claim brought by a cyclist against a highways authority for personal injuries and loss suffered as a result of an accident on a bend in the road.
Nov 30, 2020

Cafcass to prioritise children most in need in South Yorkshire and Humber as caseloads soar in pandemic

Cafcass has made the decision to allocate only the highest priority work in South Yorkshire and Humber, amid concerns at a high number of open active cases, finite staffing capacity and staff absence relating to Covid-19.
Nov 27, 2020

Council wins appeal over award of damages to woman hit by cricket ball in park

The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.
Nov 26, 2020

Council defeats High Court claim from waste company over alleged unlawful state aid

The High Court has thrown out a claim by a recycling company that Durham County Council priced it out of business through unlawful state aid.
Nov 26, 2020

Company cannot bring £8m claim over 2006 compulsory purchase, Upper Tribunal rules

A company has lost an attempt to reopen a 14-year-old case involving compulsory purchase by Lancaster City Council.
Nov 26, 2020

Councillor threatens defamation action in aftermath of confidential briefing on COVID-19 local impact

Two councillors at King’s Lynn and West Norfolk Borough Council are embroiled in a dispute that has led to the threat of a defamation action.
Nov 26, 2020

Judge issues ruling on deprivation of liberty for boy with behavioural problems to cover move to new residential school

Mrs Justice Knowles has issued a short judgment explaining how she came to agree a deprivation of liberty order against a 14-year-old boy with behavioural problems who was to be moved to a residential school.
Nov 26, 2020

High Court rejects challenge to decision homeless man was not in priority need

Watford Borough Council has won a High Court case over its actions concerning a homeless man but the judge dismissed the local authority's submissions questioning the court’s jurisdiction to deal with the appeal.
Nov 25, 2020

Court of Appeal quashes “legally flawed” decision by review officer that applicant was not in settled accommodation in period after earlier finding of intentional homelessness

The Court of Appeal has found a review officer’s decision – that a homelessness applicant had not been in settled accommodation following an earlier finding of intentional homelessness – to be “legally flawed”.
Nov 25, 2020

Court of Appeal refuses permission to appeal in long-running battle over £600m procurement of incinerator

The Court of Appeal has refused Community R4C (CR4C) permission to appeal the High Court’s dismissal of its claim against Gloucestershire County Council over the £600m+ procurement of an energy from waste plant.
Nov 24, 2020

Court of Appeal rules Education Secretary acted unlawfully in failing to consult Children's Commissioner and others before relaxing safeguards for children in care during pandemic

The Education Secretary acted unlawfully by failing to consult the Children's Commissioner for England and other bodies representing the rights of children in care before introducing regulations that made a range of temporary amendments to ten statutory instruments governing the children's social care system, the Court of Appeal has ruled.
Nov 24, 2020

Judge issues second ruling sharply criticising lack of suitable regulated placement for vulnerable 16-year-old woman with complex needs

A High Court judge has sent a second judgment in less than a month – this time “more in exasperated hope than expectation” – to the Children’s Commissioner for England, the Secretary of State for Education, the Minister for Children and others over the lack of regulated accommodation for vulnerable children.
Nov 23, 2020

Cafcass warns it is close to triggering prioritisation protocol after case rise in South Yorkshire and Humberside

Cafcass has warned that, following a rise in open active cases, it is close to triggering the use of its prioritisation protocol in the region that includes South Yorkshire and Humberside.
Nov 23, 2020

LLG and ALACE issue judicial review proceedings over Exit Payment Cap Regulations

LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) have formally launched judicial review proceedings in a bid to quash the Exit Payment Cap Regulations.
Nov 23, 2020

North West council fined £300k after child fell three metres through railings

Cheshire West and Chester Council was last month fined £300,000 after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries.
Nov 20, 2020

District council forced to go to High Court to deal with planning permission errors

South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.
Nov 19, 2020

Court of Appeal rules for council in dispute over single offer of accommodation

The London Borough of Bromley was entitled to decide it had discharged its duty to house a woman after she refused a single offer of accommodation, the Court of Appeal has ruled.
Nov 19, 2020

Court of Appeal agrees to hear challenge to finding of intentional homelessness after eviction from ‘move on’ accommodation

The Court of Appeal has granted permission to appeal in a case concerning eviction from ‘move on’ accommodation.
Nov 19, 2020

Judge finds £10.5m claim against council over refusal to allocate housing "totally without merit"

A case in which a man was at one point awarded compensation of £10.5m from a council for failing to house him has been thrown out as “totally without merit” by the High Court, with a civil restraint order imposed to prevent further litigation.
Nov 19, 2020

Developer loses Planning Court battle over GPDO and unlawful conversion

A developer must pay costs in a case where it claimed the General Permitted Development Order applied even though an unlawful conversion was involved.
Nov 18, 2020

Top family judge calls for renewed focus on wellbeing amid reports of high level of exhaustion in judiciary, professions

The President of the Family Division has called for a redoubling of the focus on wellbeing, warning that “new-found technological facilities can easily go to increase the burden of work, and consequent stress, rather than reduce it”.
Nov 17, 2020

Campaign group vows to appeal after Divisional Court dismisses legal challenge over extensions to permitted development rights

The Divisional Court has rejected a legal challenge over Government changes to permitted development rights that came into force in August this year.

  MORE FEATURES

November 12, 2020

That ADR Feeling

The Independent Review of Administrative Law and the Civil Justice Council review of Pre-Action Protocols need to highlight the tangible benefits that can be derived from the greater promotion and use of ADR within the current administrative law system, writes John Pugh-Smith.
November 06, 2020

Highways, snow and ice

Matthew Mawdsley analyses the first reported decision on s. 41(1A) of the Highways Act 1980 and the question of reasonable practicality.
November 06, 2020

Enfield London Borough Council v Persons Unknown: Applications for retrospective permission

Justine Soutter looks at the important implications a recent case involving a London borough may have for other local authorities dealing with fly tipping and unauthorised encampments.
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October 30, 2020

DP v London Borough of Hillingdon: Interim Declarations and the impact on Standard Authorisations and s21A Proceedings

Kathryn Kember looks at the important implications a recent Court of Protection case may have for both legal and social care professionals who are regularly involved in s21A proceedings.
October 30, 2020

The cost of wrongly alleging breach of good faith: Part 36 offers and indemnity costs

A High Court judge's decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.
October 26, 2020

Housing case law update - October 2020

Daniel Skinner, Rebecca Asady and Natalie Hurst analyse the latest cases from courts in England and Wales as well as Ombudsman rulings that are relevant to the housing sector.
October 22, 2020

Social housing allocations and the Equality Act 2010

The Supreme Court has upheld a practice of restricting allocations of social housing stock to members of a particular religious community, rejecting the argument that this constitutes unlawful direct discrimination. Alexander Campbell analyses the judgment.
October 22, 2020

Children 'beyond parental control' and deprivations of liberty

Francesca Massarella reports on a case which considered when it is necessary to deprive a child’s liberty because they are ‘beyond parental control’ in the context of s.31(2) Children Act 1989.
October 22, 2020

Highway surfaces and rural landscapes

Chloe Jenkins reports on the successful defence of a claim against the Yorkshire Dales National Park Authority and North Yorkshire County Council brought by a claimant who fell whilst crossing a set of stepping stones in the River Cover in the Yorkshire Dales National Park.
October 15, 2020

Discharging obligations to P and the court

Alex Ruck Keene reports on a salutary tale where a local authority was found to have failed an 18-year-old man with autism.
October 08, 2020

The importance of clarity in local authority prosecutions

A council recently lost an appeal over a £200 confiscation order in a housing case when the benefit was said to be several hundreds of thousands of pounds. Gary Pons looks at the reasons why.
September 30, 2020

The resumption of Part 55 CPR possession cases

Raghav Trivedi provides an outline of practice and procedure in light of the resumption of Part 55 CPR possession cases.
September 28, 2020

Housing Case Law Update - September 20

Michael Owen and Clive Adams analyse the latest housing law judgments from the High Court and highlight two recent reports from the Local Government and Social Care Ombudsman.
September 24, 2020

Who decides who decides? Withdrawal of care proceedings

Where a local authority determines that the medical evidence falls short of proving that an injury to a child was deliberately inflicted, in what circumstances should it be allowed to withdraw its application? Laura Vickers reports.
September 24, 2020

Proportionality and the Regulator’s decision to prosecute in the time of Coronavirus

Has the public interest test for prosecution been changed in the regulatory context by COVID-19? James Puzey analyses the issues.
September 24, 2020

Striking out failure to remove claims

Steven Ford QC, Andrea Ward and Joanne Kingsland report on a council's successful bid to secure a strike out, following the Supreme Court ruling in CN & GN v Poole, of a 'failure to remove' claim.
September 17, 2020

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.
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.