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Public houses and the ACV regime: the latest rulings

Christopher Cant analyses the latest appeal decisions in relation to the listing of pubs as assets of community value, covering issues including the recent past, financial viability and compensation. Read more
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  NEWS

May 12, 2021

Councils express concern at potential rise in homeless households as Government confirms ban on bailiff-enforced evictions to end on 31 May

The current ban on bailiff-enforced evictions will end on 31 May, the Ministry of Housing, Communities and Local Government (MHCLG) has confirmed.
May 12, 2021

Judicial review proceedings launched against Welsh council in waste recycling plant planning dispute

Judicial review proceedings have been launched against Caerphilly County Borough Council over the local authority's decision to give planning permission to a waste recycling plant without undertaking an Environmental Impact Assessment (EIA).
May 12, 2021

High Court issues key ruling on "Traveller Injunctions" and "persons unknown", criticises suspected procedural breaches and abuse of court procedures in applications for interim orders

There are grounds to suspect that, in a significant number of applications by local authorities for interim injunctions against “Persons Unknown” targeting unauthorised encampments on land, there were material and serious breaches of the procedural requirements and the procedures of the Court – and the Interim Applications Court of the Queen’s Bench Division (Court 37) in particular – have been…
May 11, 2021

Government threatened with legal action over care home guidance requiring residents to self-isolate

Law firm Bindmans said it has been instructed to bring a legal challenge to care home guidance that says residents making a visit out of the care home should isolate for 14 days on their return.
May 11, 2021

Planning, procurement and judicial review legislation to the fore in Queen's Speech

Bills covering planning, procurement, subsidy control, judicial review and electoral integrity are among the key pieces of legislation outlined in today’s Queen’s Speech.
May 11, 2021

Lawyer found guilty of criminal contempt of court, fined £7k for disclosing result of Supreme Court appeal prior to judgment being handed down

The Supreme Court has fined an environmental lawyer £5,000 after finding him in criminal contempt of court for deliberately disclosing the result of an appeal prior to hand down of the judgment.
May 10, 2021

Street traders lose legal challenge over “innovative product” criterion imposed by council

A High Court judge has dismissed a legal challenge brought by street traders over a council's implementation of a regulatory framework that requires stall owners to sell products not readily available on the high street.
May 10, 2021

High Court judge explains £250k cost-capping order in PPE procurement proceedings

A High Court judge has given her reasons for making a costs capping order of £250,000 in respect of both the claimants, the Good Law Project and EveryDoctor, and the defendant, the Secretary of State for Health and Social Care, in the procurement challenge over the award of contracts for the supply of personal protective equipment (PPE).
May 07, 2021

Supreme Court to rule next week on whether judicial review challenge over neighbourhood plan was out of time

The Supreme Court will next week (14 May) hand down its ruling on whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that a landowner’s application for judicial review – over the making of a neighbourhood development plan without a modification proposed by an independent examiner – was made out of time.
May 07, 2021

Mother wins appeal over lack of due process when she applied for leave to oppose adoption order

A mother who wished to contest an adoption order was not afforded due process by the Family Court, the Court of Appeal has found.

  FEATURES AND ANALYSIS

May 06, 2021

Applications to discharge special guardianship orders

Fran Massarella examines a Court of Appeal case which concerned the test for granting leave to apply to discharge a special guardianship order and the construction of s.14D(5) of the Children Act 1989.
May 06, 2021

The death of Panayi

Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases.
May 06, 2021

Litigators beware! Recent changes to Part 36 Offers

The Civil Procedure (Amendment) Rules 2021 (‘the CPAR 2021’) introduce a new Civil Procedure Rule 36.5(5) to clarify the issue of interest after the expiry of Part 36 offers. Mia Plume examines its impact.
May 05, 2021

Notices and statutory nuisances

A recent High Court ruling shows the need to avoid an overly technical approach to s.82(6) notices under the Environmental Protection Act 1990, writes Sarah Salmon.
May 05, 2021

Housing case law update - April 2021

Christopher Skinner, Rebecca Asady and Filip Bodnar round up the latest judgments of interest to housing associations and local authorities.
May 05, 2021

What a relief: relief from sanctions and missed deadlines

The High Court has given judgment in a case which indicates that relief from sanctions may be granted where a party has breached a court-imposed deadline and that deadline, even if agreed by consent between the parties, was unrealistic from the start. Alexander Campbell examines the ruling.
April 29, 2021

Paying for sex and the Court of Protection

The Vice President of the Court of Protection has issued a detailed judgment on, amongst other things, whether a care plan to facilitate contact with a sex worker could be implemented without the commission of an offence. Alex Ruck Keene examines the ruling.
April 29, 2021

Croyde Part 2 – Judicial Review and Certificates of Lawfulness

In the second article on the Croyde case, Roy Pinnock looks at the approach taken to certificates of lawfulness.

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  MORE NEWS

May 07, 2021

Judge hands defendant suspended eight month prison sentence for contempt of court amid ten allegations of breaching planning injunctions in caravan parking case

A man found to have committed 10 contempts of court by parking caravans on a site in Cheshire East Borough Council’s area has been handed an eight months prison sentence, suspended for two years.
May 06, 2021

High Court orders urgent trial in claim by Liverpool mayor for indemnity against legal costs

The High Court in Manchester has ordered that an urgent trial take place of the claim by Joe Anderson, the Mayor of Liverpool, that Liverpool City Council are acting unlawfully in refusing to provide him with the same indemnity against legal costs offered to other council members.
May 06, 2021

Allocation scheme unlawfully discriminated against those with disabilities, High Court judge rules

Birmingham City Council’s choice-based process for allocating homes to people with disabilities was discriminatory and therefore unlawful, the High Court has found.
May 06, 2021

Activists to take Government to court over honouring of Paris Agreement commitments

Climate litigation charity Plan B is to support three activists in their 20s in taking senior ministers to court over what they have said is the Government’s failure to honour its Paris Agreement commitments.
May 05, 2021

High Court judge revokes adoption orders after acknowledging "exceptional circumstances"

A judge in the Family Division of the High Court has revoked adoption orders for an 18 year old (A) and a 16 year old (B) after concluding that there were “compelling highly exceptional and particular circumstances” that supported such a step.
May 05, 2021

Supreme Court gives permission to appeal in capacity to consent to sexual relations case

The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
May 04, 2021

Government facing legal challenge over unregulated accommodation and 16-17 year olds

A children’s rights charity has threatened the Government with legal action over its decision not to ban the use of unregulated accommodation for 16 and 17 year-old children in care.
May 04, 2021

High Court judge refuses permission for Local Plan legal challenge after oral hearing

A second High Court judge has refused a campaign group permission to apply for judicial review against South Oxfordshire District Council’s decision to adopt the South Oxfordshire Local Plan 2035.
May 04, 2021

Requirement for meetings under Local Government Act 1972 to be “open to the public” means members of public must be admitted in person: High Court rules

A requirement that a meeting under the Local Government Act 1972 is to be "open to the public" or "held in public" means that members of public must be admitted in person to the place where the meeting is being held, the High Court has ruled.
May 04, 2021

Bar organisations warn against decisions to employ "markedly inferior" remote hearings more widely once Covid-19 has passed

There are multiple and multi-faceted disadvantages with remote hearings when compared to usual, in-person hearings that have delivered justice “for centuries”, the four Bars for the UK and Ireland have warned.
May 04, 2021

High Court dismisses as ‘academic’ legal challenge over later reopening of indoor hospitality in Government roadmap

The High Court has dismissed a legal challenge over the decision to allow non-essential retail to open at least five weeks before indoor hospitality.
May 03, 2021

Council fails in appeal over direction by judge that parents and child should undergo residential assessment

A Family Court judge has rejected an appeal brought by a local authority against a case management decision by a district judge pursuant to s 38(6) of the Children Act (1989) directing that the parents and the subject child (“L”) should undergo a residential assessment.
May 03, 2021

Law Society criticises government “over-reach” in judicial review reform

Proposed changes to the ways in which judicial review challenges can be brought “would make life easier for the government at the expense of accountability and access to justice”, the President of the Law Society of England and Wales has warned.
Apr 30, 2021

Landlord hit with curfew, £7k compensation and costs bill after unlawful eviction

A landlord has been placed under an overnight curfew in her home and ordered to pay just under £7,000 in compensation and costs after pleading guilty to unlawfully evicting her lodger, in a case brought by Bristol City Council’s Rogue Landlord Unit.
Apr 29, 2021

High Court judge says system of city council for accommodating homeless people is unlawful

Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.
Apr 29, 2021

High Court judge hands down ruling on lawful scope of statutory consultation response

Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.
Apr 29, 2021

Court of Appeal rejects challenge to Legoland planning permission over impact on 'veteran' trees

The Court of Appeal has rejected all five grounds argued by an objector to a holiday village project at the Legoland theme park.
Apr 29, 2021

Campaigner loses High Court challenge over Natural England decision on tree felling in wood affected by HS2

A High Court judge has dismissed as unarguable all the grounds advanced by environmental activist Mark Keir against Natural England’s decision to allow the felling of part of a wood for works on the HS2 rail project.
Apr 28, 2021

Meetings of local authorities in England must be face to face from 7 May, judges rule

Meetings held by local authorities in England under the Local Government Act 1972 must take place in person from 7 May when emergency regulations introduced in the early stages of the first lockdown expire, the Divisional Court has ruled.
Apr 28, 2021

High Court judge criticises “disproportionate” £450k+ costs estimate put forward by Cabinet Office for one-day hearing of procurement legal challenge

The Cabinet Office’s £450,000 estimated likely costs for defending a legal challenge over its award of a contract for the provision of polling services during the pandemic appeared – without further explanation from the defendant– to be “disproportionate for a one day hearing, even in a complicated procurement case”, a High Court judge has said.
Apr 28, 2021

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies

The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.
Apr 27, 2021

London borough consults on support payment scheme for survivors of abuse at children’s homes

Islington Council has launched a consultation this month on a proposed support payment scheme for survivors of abuse suffered while placed by the local authority in one of its children’s homes from 1966 to 1995.
Apr 27, 2021

Civil servants union given green light for judicial review challenge over decision by Prime Minister that Home Secretary did not break Ministerial Code

The First Division Association has been given permission to bring a judicial review challenge over the Prime Minister’s decision that Home Secretary Priti Patel did not break the Ministerial Code in her treatment of civil servants.
Apr 26, 2021

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings

The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).
Apr 26, 2021

Supreme Court to hear key case this week on approach to data breach compensation claims

The Supreme Court will this week (28 April) hear a key case on the approach to compensation claims arising out of data breaches.

  MORE FEATURES

April 29, 2021

Public law judgments: When to seek clarification and when to ask for permission to appeal

The Court of Appeal recently allowed an appeal by a father against findings that he had sexually abused his daughter, on the basis that the judge’s analysis was insufficient and flawed. Joanne Oakes examines the ruling.
April 29, 2021

The High Court on empty rates mitigation and Makro type schemes

In a win for ratepayers, the High Court has clarified the law on empty rates mitigation. Jenny Wigley QC analyses the ruling.
April 29, 2021

Council meetings beyond 7 May 2021

What does the Divisional Court's ruling mean for local government? David Kitson, Victoria Barman and Mark Robinson look at what happens next.
April 22, 2021

Climate change - extreme weather and shifting liability risks

James Fawcett considers what further developments we might see in response to shifting environmental challenges.
April 22, 2021

What next for procurement challenges?

Andrew Millross considers the proposals in the procurement Green Papers for ‘fast and fair challenges’.
April 22, 2021

Lies, welfare and the future risk of harm

Jackson LJ has reiterated the basic principles to be applied when determining whether to make care and placement orders and discussed the significance of lies in the context of welfare and the impact of lies when assessing the future risk of harm. Kate Pye-Jones examines the case.
April 22, 2021

Lessons from Bechtel v HS2

A recent Technology and Construction Court ruling relating to HS2 procurement addressed a wide range of important issues, write Emily Heard and Victoria Croshaw.
April 22, 2021

Fighting fire with fines

Even before the tragedy of what happened at Grenfell Tower on 14 June 2017 there could be no doubt that no limit can be put on the personal costs of a fire. The Government has now stated that the same can be said for the financial costs, writes Natalie Puce.
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April 21, 2021

Research finds vast majority of councils in England likely to hold remote or hybrid meetings if permitted, as High Court hears bid for declarations that local authorities have the power already

More than four-fifths of councils (83%) have said they would be very likely or fairly likely to conduct meetings remotely once the coronavirus emergency is over and assuming they have the power to do so, research by the Local Government Association has found.
April 15, 2021

Liability for abuse suffered by claimant placed in private care home

Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.
April 15, 2021

Long-term leave under s.17 Mental Health Act

Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.
April 15, 2021

Prosecuting unlicensed dog and cat breeders

Gary Grant looks at a recent case where £50,000 in financial penalties were imposed on unlicensed dog and cat breeders.
April 15, 2021

After school clubs and duty of care

Nicholas Thorne analyses a judge's rejection of a claim for injury arising out of the warm-up session at an after school club.
April 14, 2021

Remote meetings and the importance of ‘local choice’

The imminent High Court hearing over the ability of councils in England to continue to hold remote meetings after 6 May is about ensuring local choice, the leaders of the two organisations behind the legal proceedings tell Local Government Lawyer.
April 07, 2021

Dealing with Hoarding during the Coronavirus crisis

There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options.
April 05, 2021

Alternative dispute resolution and the Housing Ombudsman

The Housing Ombudsman has announced plans to publish individual determinations and reports based on complaints that it has reviewed. Matthew Lake examines the proposals.
April 05, 2021

Better late than never: round two

The Court of Appeal has confirmed that where a local authority makes a homelessness review decision late, that decision is valid notwithstanding its lateness, writes Alexander Campbell.
March 31, 2021

Deprivation of liberty and writs of habeas corpus

The Court of Protection has court found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.
March 31, 2021

Mid-trial dismissal and withdrawal of allegations

Fran Massarella reports on a case which concerned an interim application to dismiss public law proceedings involving six children where there were numerous allegations of sexual abuse.
March 31, 2021

Complying with a deemed grant of planning permission under the GPDO

The High Court has quashed a planning inspector’s decision allowing the conversion of an industrial warehouse to flats. Charles Streeten explains why.