Independent adjudicators, the Prison Rules and implied powers

A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska. Read more
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  NEWS

Dec 05, 2019

Council fined £1.4m after child suffers life-changing head injury in “easily preventable” incident

Hampshire County Council has been fined £1.4m after a six-year-old girl playing on an unsecured street bollard suffered a life-changing head injury.
Dec 05, 2019

Trafficked woman loses judicial review challenge amid age assessment confusion

A trafficked Vietnamese woman has lost a judicial review against two councils over her age assessment, though the judge involved criticised both authorities for failing to resolve the matter earlier.
Dec 05, 2019

School launches legal proceedings after receiving 'inadequate' rating from Ofsted

A school in Trafford has issued a legal challenge to regulator Ofsted in a bid to overturn being rated as ‘inadequate’.
Dec 05, 2019

Supreme Court to hand down key ruling next week on village greens and land held by public bodies pursuant to statutory powers

The Supreme Court will next week (11 December) hand down a key judgment on village green registration where publically accessible land is held by public authorities pursuant to statutory powers.
Dec 05, 2019

Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts

A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.
Dec 04, 2019

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions

The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.
Dec 04, 2019

Council obtains injunction to secure affordable housing provision on development site

Shropshire Council has obtained an injunction to secure affordable housing provision on a housing development site, it has been reported.
Dec 03, 2019

Local authority defeats High Court statutory challenge over traffic regulation order

Cumbria County Council has defeated a statutory challenge to a traffic regulation order (“TRO”) made in respect of an unadopted highway in Carlisle city centre.
Dec 02, 2019

Councils and housing associations "face multi-million pound refunds to tenants" after water re-selling test case in High Court

Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.
Nov 29, 2019

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI

Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.

  FEATURES AND ANALYSIS

November 29, 2019

Confidentiality Rings

Helen Prandy sets out the key considerations when confidentiality rings are employed in procurement cases.
November 29, 2019

Fair hearings in the Family Courts

A 'fair hearing' in the family court includes the judge creating the appropriate atmosphere. Maria Scotland analyses a recent case where a judge was criticised for holding a hearing that was procedurally unfair.
November 22, 2019

Implications of the Giordano decision for CIL

A recent Court of Appeal decision in relation to the Community Infrastructure Levy (CIL) has significant implications - and some odd consequences, writes Christopher Cant.
November 22, 2019

Vulnerable witnesses and parties in the Family Courts

Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.
November 22, 2019

Traffic management orders and equalities impacts

The High Court has dismissed an equalities challenge brought by the trustees of the Central Gurdwara over the impact of a traffic management order on the Sikh Temple. Charles Streeten explains why.
November 15, 2019

Objectively assessed need within the Local Plan process

The Court of Appeal has dismissed legal challenges to the Waverley Local Plan. Wayne Beglan explains why.
November 14, 2019

Housing case law update: succession rules, 'vulnerable persons' and what constitutes suitable accommodation

From succession rules to paying upfront for remedial work, Christopher Skinner, Natalie Hurst and Victoria Smith round up the latest housing law cases.
November 14, 2019

Spent convictions, underlying conduct and the 'fit and proper person' test

James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.

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  MORE NEWS

Nov 28, 2019

Senior judge rules on extent of anonymisation of two public law children judgments

Lord Justice Baker has given permission for two judgments he made in the Family Court to be published in full, except for identification of the child involved, following the end of criminal proceedings against the parents.
Nov 28, 2019

Council takes battle over licensing fees for private hire vehicles and taxis to Court of Appeal

The Court of Appeal has this week heard an appeal by Wakefield City Council over the High Court’s decision to quash the authority’s decision fixing licensing fees for private hire vehicles and taxis.
Nov 28, 2019

London borough defeats housebuilders in dispute over adoption of roads

A district judge has ruled that two roads are of so little use to the public that the London Borough of Barnet need not adopt them.
Nov 28, 2019

Resident fails in Court of Appeal challenge to anti-social behaviour injunction

A resident of a housing association in London has failed in a Court of Appeal challenge over an injunction restraining him from committing anti-social behaviour.
Nov 28, 2019

Met Police agrees to delete information after referral of primary school age child under Prevent programme

The Metropolitan Police has agreed to delete information relating to a referral of a primary school age child under the government’s Prevent programme, and other referring authorities have also agreed to correct and delete the relevant records.
Nov 27, 2019

Just for Kids Law launches online resource for challenges to school exclusions

A children's legal rights charity has launched an information hub to help professionals and community organisations challenge unfair school exclusions in England.
Nov 27, 2019

Battle over Cabinet decision to retro-fit sprinkler systems on tower blocks at cost of £19m heads to Court of Appeal

The Court of Appeal has given a local resident permission to appeal a High Court ruling on the lawfulness of a decision by the Cabinet at Birmingham City Council to fund – at a cost of £19m – the retro-fitting of sprinkler systems to all the tower blocks it owns.
Nov 27, 2019

University loses Court of Appeal battle over Electronic Communications Code and access rights for operators

The University of London has lost an appeal over whether the Upper Tribunal has power under the Electronic Communications Code to impose on the occupier of a building an agreement permitting access by an operator to determine whether that building is suitable for the installation of electronic communications apparatus.
Nov 27, 2019

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful

­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.
Nov 26, 2019

High Court judge says injunctions against street protests over teaching of “LGBT issues” at Birmingham school must continue

Injunctions restricting street protests over an infant and junior school’s teaching of “LGBT issues” should remain in place, a High Court judge has ruled.
Nov 26, 2019

Matrix Chambers QC appointed High Court judge

Employment and discrimination specialist Thomas Linden QC of Matrix Chambers has been appointed as a High Court judge, assigned to the Queen’s Bench Division.
Nov 25, 2019

Council loses Planning Court challenge over development and policies restricting development outside settlement limits

A borough council has failed to persuade the Planning Court that a planning inspector, when granting permission for a 55-dwelling scheme, erred in affording significant rather than full weight to the conflict between the proposed development and policies in the development plan restricting development outside settlement limits.
Nov 25, 2019

Supreme Court to hear appeal by council over National Planning Policy Framework and mineral extraction in Green Belt

The Supreme Court will next week hear a county council’s appeal over whether it misapplied part of the National Planning Policy Framework (NPPF) when considering mineral extraction in the Green Belt.
Nov 25, 2019

Law Society issues updated practice note on legal professional privilege

The Law Society has issued an updated practice note on legal professional privilege (LPP) to reflect recent developments in case law.
Nov 22, 2019

Court of Appeal rejects appeal by council over timing for review of suitability of accommodation where offer had been accepted

The Court of Appeal has said that where a homeless applicant had accepted the accommodation offered, a council conducting a subsequent review under s.202 of the Housing Act 1996 was required to reconsider its decision to secure accommodation outside the local authority's area in the light of all material circumstances at the date of the review, not that of the original decision.
Nov 22, 2019

Home Office reconsideration policy for victims of traffickiing unlawful, High Court judge rules

The High Court has ruled as unlawful a Home Office policy of allowing victims of trafficking seeking a reconsideration of a negative decision to approach it only through specified organisations.
Nov 20, 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund.
Nov 20, 2019

Academy trust facing legal action over collective worship agrees to provide alternative materials and activities

A Church of England multi-academy trust facing legal action over compulsory collective worship in its schools has agreed to provide alternative inclusive materials and activities featuring no prayers or other acts of Christian worship.
Nov 19, 2019

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment

The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.
Nov 19, 2019

Court of Appeal hears challenge over transfer of services from North East hospital

The Court of Appeal is this week hearing a challenge to the decision by clinical commissioning groups (CCGs) to transfer services away from South Tyneside Hospital.
Nov 18, 2019

Gliding club win legal challenge over prior approval for barn conversion

A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.
Nov 18, 2019

Solicitor and ex-councillor of London borough jailed for housing fraud

A solicitor and former councillor has been sentenced to serve 16 months in custody after pleading guilty to two counts of fraud.
Nov 18, 2019

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month

The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.
Nov 18, 2019

Royal borough ends bid for injunction against owner of cycling café

The Royal Borough of Windsor and Maidenhead has withdrawn its application for an injunction against the owner of a cycling café.
Nov 15, 2019

Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions

The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.

  MORE FEATURES

November 14, 2019

Is an old version of the prescribed section 8 notice still useable?

Michael Grant discusses a recent County Court case concerning service of an outdated version of the prescribed Section 8 notice.
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November 11, 2019

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment

The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.
November 08, 2019

Marshalling evidence in special educational needs cases

John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.
November 08, 2019

Recovering costs after the lifting of automatic suspensions

Melanie Pears and Tim Care examine a case where a claimant bidder argued that the defendant contracting authority should not have all the costs of its successful application to lift an automatic suspension.
November 08, 2019

Deprivation of liberty in the community – how not to apply to court

A recent case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty, writes Alex Ruck Keene.
November 01, 2019

Social care support and persons subject to immigration control

The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.
November 01, 2019

Disability benefits, "income" and affordability

The Court of Appeal has provided clarification about the status of disability benefits in affordability cases, writes Matt Lewin.
November 01, 2019

GDPR, class actions and the right to compensation

The Court of Appeal recently overturned a High Court ruling and found that a claimant could serve an out of jurisdiction application against Google as part of a class action. Ibrahim Hasan examines the judgment.
October 29, 2019

Housing case law update: personal circumstances, time limits for appealing financial penalties, and transferring HMO licences

Charlotte Rawson and Ian Larkins provide an update on the latest housing law judgments that cover issues including a council's failure properly to consider a homeless man's medical conditions, the time limits for appealing financial penalties imposed under the Housing Act 2004, and whether an HMO licence can be transferred.
October 29, 2019

The PSED and claims for possession

John Murray considers a recent case in which a court scrutinised an alleged breach of the Public Sector Equality Duty in the context of a claim for possession.
October 25, 2019

Leases, outdoor advertising and concessions

The Court of Appeal recently rejected a legal challenge to a London borough’s award of leases for land on which structures that support large digital advertising screens are situated. Mari Roberts explains why.
October 25, 2019

Public law children cases: limits to the role of Cafcass

The High Court has recently considered the parameters of Cafcass' functions, and a dispute between German nationals over the mother's move to the UK to live permanently. Georgina Dalton analyses the rulings.
October 18, 2019

Nothing to smile about: Dentists’ contract dispute highlights potential pitfalls for commercial parties

Gwendoline Davies offers practical advice for commercial contracting parties following a Court of Appeal case involving the application and interaction of common 'boilerplate' clauses, as well as the test for implying terms.
October 18, 2019

Public law children cases: improving parental situations, robust case management and judicial pressure

Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents' situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.
October 18, 2019

The limits of the inherent jurisdiction (2)

The Court of Protection team at 39 Essex Chambers analyse the second in two rulings by Mr Justice Cobb on the inherent jurisdiction.
October 18, 2019

Property guardians and rating

The Upper Tribunal has clarified the identification of the unit of assessment for buildings occupied by property guardians, writes Luke Wilcox.
October 11, 2019

What is a ‘reasonable endeavours’ obligation, and is it a sensible solution?

Gwendoline Davies explains what a party needs to do to comply with a ‘reasonable endeavours’ obligation, and considers whether endeavours clauses are always a sensible solution.
October 11, 2019

Public law children cases: FGM protection and travel overseas, and reopening findings of fact

In an update on public law children cases, Georgina Dalton examines rulings on FGM protection and reopening findings of fact.
September 27, 2019

Planning appeals and air quality

The Court of Appeal has ruled on air quality considerations in planning appeals. Ashley Bowes analyses the outcome.
September 26, 2019

Re D – the Supreme Court, 16/17 year olds and confinement

The Supreme Court has handed down a much-anticipated judgment on 16-17 year olds, deprivations of liberty and parental consent. Alex Ruck Keene explains the ruling and sets out some practical implications.
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