SLLP July 21 Composite 600 edit

Accusations in judgments of misconduct

A social worker has recently been awarded damages by the European Court of Human Rights for unfair accusations of professional misconduct. Charlotte Gilmartin analyses the ruling. Read more
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Jul 23, 2021

Supreme Court to rule next week on use of inherent jurisdiction in cases where there is insufficient registered secure accommodation for vulnerable children

The Supreme Court is to hand down next week its ruling in a landmark case on the use of the inherent jurisdiction to authorise placements in unregistered secure accommodation in situations where there are insufficient places in registered secure children’s homes.
Jul 23, 2021

Supreme Court to rule on liability of claimant for costs of other parties in statutory and JR cases where challenge refused at permission stage

The Supreme Court will next week (30 July) hand down its ruling in a dispute over whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.
Jul 22, 2021

High Court quashes decision to transfer land to community council in skate park dispute

Plans to build a new skatepark in Swansea have been delayed after the High Court quashed Swansea Council's (CCSC's) decision to transfer land earmarked for the £360,000 development to Mumbles Community Council.
Jul 22, 2021

High Court gives green light for challenge to DWP consultation on development of new strategy for disabled people

The High Court has allowed four disabled individuals to bring a judicial review challenge of how the Secretary of State for Work and Pensions, Thérèse Coffey, conducted the consultation on a proposed new national strategy for people with disabilities.
Jul 22, 2021

Waste recycling business wins stay in battle with council over appropriate forum to resolve EcoPark dispute

Suez Recycling and Recovery Surrey has won a stay of proceedings in a dispute with Surrey County Council over the provision of waste infrastructure.
Jul 22, 2021

High Court criticises Magistrates Court for failure to state a case in closure order dispute

Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.
Jul 22, 2021

Judge praises council for "brave but proper decision" to end care proceedings

A Family Court judge has praised the London Borough of Bromley for its “brave but proper decision” to end care proceedings in case where a child was suspected to have suffered deliberate injury but was later found not to.
Jul 22, 2021

High Court judge finds for London borough in row with city council over calculation of age of asylum-seeker

The London Borough of Croydon has won a High Court case brought against it by Birmingham City Council over how an asylum seeker’s age was calculated.
Jul 21, 2021

High Court quashes decision by deputy monitoring officer that parish councillor had breached code of conduct

A parish councillor has won a High Court challenge over a decision by a Deputy Monitoring Officer (DMO) to uphold a complaint that he had breached its Code of Conduct for Members (PC Code).
Jul 21, 2021

Powers for judges to modify quashing orders among key measures as Judicial Review and Courts Bill introduced

The Judicial Review and Courts Bill has been introduced to Parliament today (21 July), with the Government claiming it would “equip judges with the tools to give more tailored solutions in judicial review cases”.


July 22, 2021

Transparency in regulated procurements

A county council has recently defended a waste company’s application for summary judgment in a procurement dispute. Joseph Barrett explains how.
July 21, 2021

Mediation and planning: here to stay?

John Pugh-Smith, Harry Spurr and Josef Cannon review important recent developments in the use of mediation in planning.
July 15, 2021

Alighting on serious risks

Wayne Beglan and Sam Fowles examine the Planning Court's recent judgment in an important judicial review concerning the correct approach of planning decision-makers in the context of sites presenting serious health and safety risks.
July 15, 2021

Self-builders, CIL exemptions and retrospective planning permission

Trevor Ward analyses a recent High Court ruling that the CIL payment exemption is not available for self-build houses granted retrospective planning permission.
July 15, 2021

The housing possessions backlog and Nightingale Courts: a simple solution?

Natalie Foster explores the potential role of ‘Nightingale Courts’ and extended operating hours in unclogging the housing possessions backlog – and ensuring that the wheels of justice keep turning.
July 15, 2021

Reporting restrictions in end of life cases

Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.
July 08, 2021

Defects on the highway

A highways authority recently successfully defended a claim brought by an injured motorcyclist. Ian Clarke considers the ruling.
July 08, 2021

Confiscation and enforcement notices: the roll-back from Panayi

Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.

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Jul 21, 2021

Council repaid £59,000 owed after eight-year dispute over "unsightly clutter" in garden and illegal extension

Buckinghamshire Council has been repaid £59,000 after its planning enforcement team secured the clear up of unsightly clutter and removal of an illegal extension in the garden of a property in High Wycombe.
Jul 21, 2021

Council and bus operator to pay out £109k in damages and costs to religious organisation over refusal to advertise rally

Blackpool Council and its wholly owned company Blackpool Transport Services have been ordered to pay £109,000 in damages and costs to a religious organisation run by evangelist Franklin Graham after refusing to advertise a rally on buses.
Jul 20, 2021

Cafcass blames “unsustainable pressures” as it implements prioritisation protocol for private law cases in West Midlands - other areas likely to follow in weeks ahead

Cafcass has implemented a process to prioritise and manage high workloads in areas covering Birmingham, the Black Country, Shropshire, Worcestershire, Staffordshire and Herefordshire family courts due to what it called "unsustainable pressures" on the family justice system in the area.
Jul 19, 2021

Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs

The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.
Jul 19, 2021

Senior council officer fails in harassment claim against local blogger

A series of “unpleasant, personally critical publications” by a blogger about a senior local government officer did not found a successful claim for harassment under the Protection from Harassment Act 1997, a High Court judge has ruled.
Jul 16, 2021

HMCTS to retain some safety measures in England after 19 July, work with judiciary to increase capacity

Not all of the safety measures employed in HMCTS' buildings will go on 19 July when the England moves to step four of the Government’s roadmap and social distancing is no longer required, its acting chief executive has said.
Jul 15, 2021

City threatened with legal challenge over permission for 2,400 homes on former Green Belt land

A charity has threatened Coventry City Council with a judicial review challenge over its grant of planning permission for a 2,400-home development at Eastern Green.
Jul 15, 2021

Public law children case update: May 2021

Kerry Cockayne analyses important recent rulings for childcare lawyers on special guardianship orders, discharge of care orders, and joinder of foster carers.
Jul 14, 2021

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President

The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed ‘Freedom Day’ – when coronavirus restrictions are lifted by the Government.
Jul 14, 2021

Law Society suggests some coronavirus restrictions should be retained for safe running of courts in England

Some coronavirus restrictions in England may need to be retained after 19 July to allow courts to run safely and efficiently, the Law Society has warned.
Jul 14, 2021

Landmark Chambers names joint heads of Public Law Group

Fiona Scolding QC and Samantha Broadfoot QC have been named as joint heads of Landmark Chambers’ Public Law Group, succeeding David Lock QC.
Jul 13, 2021

Review to be held of Planning Inspectorate enforcement workload in drive to increase referrals to mediation

The Ministry of Housing, Communities and Local Government is engaging on a ‘Pathfinder’ initiative with the Planning Inspectorate to review its current enforcement workload to identify which appeals could be referred to mediation.
Jul 13, 2021

London borough secures possession order against groups camping on Clapham Common

The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.
Jul 13, 2021

Court of Appeal allows appeal by council as judgment in childcare proceedings did not contain required analysis of competing options

The Court of Appeal has allowed an appeal by a council over a judge’s order that effectively rejected the local authority’s care plan for adoption for an 18-month-old child (A).
Jul 13, 2021

Campaign group hits councils with legal challenge over placement of children in care outside their area

The Good Law Project has launched a judicial review challenge against five local authorities over the placement of children in care outside their local area and against the Education Secretary over the failure to force the councils to comply with their obligations.
Jul 13, 2021

High Court judge finds claim form for PPE contract award challenge was not validly served

The High Court has thrown out a judicial review challenge over the lawfulness of a decision by the Secretary of State for Health and Social Care during the pandemic to award a £102.6m contract to a company for the supply of personal protective equipment (PPE), after finding the claim form was not served validly.
Jul 13, 2021

Borough council to set up £3m barristers framework

Bedford Borough Council has issued a prior information notice on its plans to procure a barristers framework contract worth up to £3m.
Jul 12, 2021

Compulsory ADR is lawful and should be encouraged, Civil Justice Council report finds

Mandatory alternative dispute resolution (ADR) is lawful and should be encouraged, a report published today (12 July 2021) by the Civil Justice Council has concluded.
Jul 09, 2021

High Court judge compelled to highlight “once again” shortage of accommodation for children with highly complex behavioural and emotional needs

A High Court judge has – despite expressing "considerable reservations” – extended an order authorising the deprivation of liberty of a child who is being cared for in an unregulated placement considered ill-equipped to meet his behavioural and emotional needs.
Jul 09, 2021

London Councils call for greater powers to stop air pollution as peers debate Environment Bill

The London Councils group has backed amendments to the Environment Bill which would give local authorities new powers to control air pollution where World Health Organisation (WHO) limits are exceeded.
Jul 08, 2021

Judge allows appeal by landlord over failure to apply for licence for house in multiple occupation, criticises handling of sub-tenants case by council

The First Tier Tribunal (FTT) was wrong to ignore a landlord’s claim that she had a reasonable excuse for failing to apply for a licence for a house in multiple occupation (HMO), the Upper Tribunal (Lands Chamber) has ruled.
Jul 07, 2021

Family Court judge issues ruling to highlight successful use of “Resolutions Model”

A mother and daughter have been reunited under the rarely used ‘Resolutions Model’ by the Family Court.
Jul 07, 2021

Judge cites special circumstances in allowing claimant to call expert witness in tender evaluation dispute

A claimant supplier can call on expert witnesses in a procurement dispute with the Secretary of State for Health and Social Care, Mr Justice Fraser has ruled in a case management hearing.
Jul 07, 2021

Supreme Court declines to hear appeal over granting of possession despite admitted failure to undertake public sector equality duty assessment

The Supreme Court has refused permission to appeal a Court of Appeal ruling that meant a housing association could take possession of a property despite the social landlord not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession, it has emerged.
Jul 07, 2021

Ocado bids to take dispute over revocation of certificate of lawful use by council to Court of Appeal

Online retailer Ocado has applied to the Court of Appeal for permission to appeal the High Court’s rejection of its judicial review challenge over Islington Council’s decision to revoke a certificate of lawfulness of an existing use or development (CLEUD) for a site on an industrial estate and near a primary school.


July 07, 2021

Housing case law update - June 2021

Daniel Skinner, Sarah Christy and Laura Waby round up the latest judgments of interest to housing associations and local authorities.
July 01, 2021

Capacity to make decisions on care and alcohol dependency

Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.
July 01, 2021

Tree safety management

Nicholas Thorne examines a recent case that considered the landowner's duty of care when it comes to tree safety management.
July 01, 2021

Can mediation solve the housing possessions backlog?

The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.
July 01, 2021

Gender-critical views are a protected "philosophical belief" under the Equality Act 2010

Jane Fielding and Connie Cliff consider what a recent high-profile ruling on gender-critical views means in practice.
June 24, 2021

Court of Protection case update

Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.
June 24, 2021

QOCS in Scotland

What do public sector legal teams in Scotland need to know about the introduction of Qualified One-Way Costs Shifting (QOCS)? Jenny Dickson explains.
June 18, 2021

No preference is a reasonable preference - R (Mallon Montero) v London Borough of Lewisham

A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.
June 17, 2021

Public law children case law update

Chris Wells analyses two important rulings for childcare lawyers that cover assessment of birth families, and interim separation.
June 10, 2021

Delegating negotiation of s.106 agreements to officers

Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.
June 10, 2021

Failure to remove claims and section 20 accommodation

A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.
June 07, 2021

Service of notices on local authorities: statutory nuisance under the Environmental Protection Act 1990

Mathew McDermott discusses a recent case on the service of notices in prosecutions for statutory nuisance under the 1990 Act.
June 03, 2021

Defining disability for neurodivergent individuals

A recent decision from the Employment Appeal Tribunal involving a worker diagnosed with Asperger’s syndrome offers new guidance on the correct approach to assessing whether workers with neurological impairments are protected by the Equality Act, writes Charles Pigott.
June 03, 2021

Delays have dangerous ends - or do they?

Peter Wadsley examines the outcome of a recent judicial review case in which the claim was brought six years after the planning decision in question was made.
June 03, 2021

Sex and the limits of fluctuating capacity

When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting a Court of Protection judge, writes Alex Ruck Keene.
June 02, 2021

Housing case law update - May 2021

Michael Owen, Natalie Hurst and Jatinder Bhamber round up the latest court rulings and Ombudsman decisions of interest to housing associations and local authorities.
May 27, 2021

Local authority injunctions against “Persons Unknown” - the civil law runs out

Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown".
May 27, 2021

Where now for failure to remove claims?

The High Court has handed down a highly significant judgment in a ‘failure to remove’ claim involving a city council. Adam Weitzman QC and Caroline Lody provide a brief guide to the ruling and offer some preliminary thoughts on its implications.
May 27, 2021

Care Act charging policies and Article 14

Are all charging policies at risk after R(SH) v Norfolk County Council? Arianna Kelly examines an important ruling.
May 27, 2021

Local authority duties to notify consular authorities

The High Court has provided important guidance to local authorities on the extent of their notification duties under Article 37 of the Vienna Convention on Consular Relations 1963, writes Edward Lamb.