Oxfordshire CC Jan 20 Head of Legal 600

New pre-action protocols for disrepair and possession claims

New pre-action protocols will bring clarity for disrepair and possession claims, writes Sian Evans, setting out the key changes. Read more
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background

  NEWS

Jan 24, 2020

Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules

A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.
Jan 24, 2020

District launches judicial review challenge against housing scheme over lack of contribution to extra school places

A district council has launched a legal challenge over a planning inspector’s decision to grant planning permission for a 98-home development in Skipton.
Jan 23, 2020

Council wins Upper Tribunal appeal over valuation of museum for business rates purposes

A city council has won an appeal to the Upper Tribunal (Lands Chamber) over how museum properties are valued for business rates purposes.
Jan 23, 2020

High Court rejects challenge to decision by planning inspector despite errors

An inspector made minor errors when considering a planning dispute in Essex but these were not significant enough to invalidate her decision letter, the High Court has ruled.
Jan 23, 2020

Court of Appeal sets aside adoption order after judge prematurely ruled out birth family placement

The Court of Appeal has set aside an adoption order on the grounds that it had been premature for judge to rule out the possibility of a birth family placement for child B.
Jan 23, 2020

Resident wins permission for judicial review challenge over HS2 tunnel design near Euston station

A resident who lives near the planned route of the High Speed 2 (HS2) rail line has won the right to bring a judicial review against its tunnel design under London’s Euston station.
Jan 23, 2020

Senior judge issues guidance on applications to Court of Protection concerning medical treatment

The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance on applications to the court relating to medical treatment.
Jan 22, 2020

Law Society warns of “catastrophic legal aid deserts” for community care work

Some 79% of local authority areas have no publicly funded legal advice for vulnerable people to challenge community care arrangements, the Law Society has claimed.
Jan 22, 2020

North East council to procure legal services for insurance claims

Redcar and Cleveland Borough Council has launched the procurement of legal services for litigation in relation to insurance claims.
Jan 22, 2020

Kings Chambers bolsters planning, personal injury teams with new tenants

Kings Chambers has strengthened its planning and personal injury teams with the arrival of two new tenants.

  FEATURES AND ANALYSIS

January 28, 2020

Housing case law update: January 2020

Paul Lloyd and Sarah Christy round up recent cases from courts in England and Wales relevant to the housing sector.
January 24, 2020

Unincorporated associations and public law claims

A High Court judge has found that unincorporated associations have capacity to bring public law claims. The ruling is potentially of wide application in public law cases, writes Jenny Wigley.
January 24, 2020

Complying with the MCA

A Court of Protection judge recently criticised a council for "chilling" failures to comply with the Mental Capacity Act. Sophy Miles explains why.
January 24, 2020

Section 73 changes – don’t let the Gremlins in

Roy Pinnock considers recent cases on Section 73 permsisions and examines the power to make non-material changes to planning permissions under section 96A of the Town and Country Planning Act 1990.
January 24, 2020

Public procurement challenges require strict and swift approach

Gwendoline Davies and Lynsey Oakdene offer practical advice arising from a High Court decision in a recent public procurement challenge.
January 17, 2020

Adult safeguarding and the Anti-social behaviour, Crime and Policing Act 2014

Kevin Chan explains how his local authority recently used the Anti-social Behaviour, Crime and Policing Act 2014 to safeguard a vulnerable man from abuse using a civil injunction.
January 17, 2020

Diverse standards of parenting

The Court of Appeal recently rejected an appeal by a 'breatharian' mother against a special guardianship order. Georgina Dalton explains why.
January 10, 2020

Remedies in First-tier Tribunal discrimination claims

A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.

Sponsored Editorial

Sheriffs Office TSO animated banner

  MORE NEWS

Jan 21, 2020

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments

The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.
Jan 21, 2020

Professional services and insurance group acquires defendant law firm Keoghs

Specialist professional services and technology firm Davies has acquired law firm Keoghs, which operates a defendant-only model and whose clients include public sector bodies.
Jan 20, 2020

London borough recovers council home and £105,000 after securing housing fraud conviction

The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.
Jan 20, 2020

Part 36 offers made exclusive of interest not valid, Court of Appeal rules

It is not possible to make a valid Part 36 offer exclusive of interest either generally or in the context of detailed assessment proceedings, the Court of Appeal has ruled in a case involving a local authority.
Jan 16, 2020

Government updates advice on adoption, calls on councils to ensure social workers "understand what the law says" on who can adopt

The Department for Education has called on directors of children’s services to review the processes for recruiting adopters to ensure their councils are compliant with the legislative framework on who can adopt.
Jan 16, 2020

Judge criticises children's trust and clinical commissioning group over "wholesale failure of best interest decisions" for man with epilepsy

A judge has awarded costs against Birmingham Children’s Trust (BCT) and NHS Birmingham and Solihull Clinical Commissioning Group (CCG) after what he called their “wholesale failure” in a case of a young man with severe epilepsy.
Jan 16, 2020

Resident fails in High Court challenge to planning consent for sand and gravel extraction project

A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.
Jan 15, 2020

New Family Court wellbeing protocol for Birmingham bids to tackle ‘by return, twenty-four-seven, last-minute culture’

The Wellbeing Committee of the Family Court at Birmingham has introduced a protocol this month with a view to professionals, practitioners, court staff and members of the judiciary being able to benefit from increased wellbeing, a reduction in unnecessary stress and the achievement of a better work life balance,
Jan 15, 2020

Countryside charity fails in legal challenge to grant of planning permission for multiple polytunnels

The Campaign To Protect Rural England (CPRE) has lost an attempt to stop Herefordshire Council’s decision to grant permission for 11 blocks of polytunnels.
Jan 15, 2020

High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan

An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.
Jan 13, 2020

Lord Reed sworn in as President of the Supreme Court

Lord Reed has today (13 January) been sworn in as President of the Supreme Court, in succession to Baroness Hale.
Jan 09, 2020

Social landlord to take legal action over "unfair" assessment by regulator

A provider of homes for vulnerable adults is to seek judicial review later this month of an assessment issued by the Regulator of Social Housing (RSH) after the watchdog said its governance and financial viability were both inadequate.
Jan 09, 2020

Campaigners threaten legal challenge over plan to move primary school to new site

A campaign group has threatened the governing body of a school on the Isle of Wight with a judicial review challenge in a dispute over reorganisation.
Jan 08, 2020

Council secures injunction to stop proposed “tent city” homeless encampment

Leeds City Council has today (8 January) secured an injunction against a proposed homeless encampment which it claimed would create a “tent city” in a car park.
Jan 07, 2020

Proposals for changes to Housing Possession Court Duty Scheme "do not address fundamental issues of sustainability": Law Society

A Ministry of Justice consultation on proposed changes to the Housing Possession Court Duty Scheme (HPCDS) fails to address the fundamental issues of sustainability, the Law Society has claimed.
Jan 07, 2020

Threat of judicial review over permission for mixed-use scheme facilitating 23,000-seat football stadium recedes as appeal deadline passes

The deadline has reportedly passed for property investment company Capital & Regional to appeal the High Court's decision to dismiss its application for a judicial review challenge over the grant of planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.
Jan 06, 2020

Leeds Council seeks injunction to ban ‘tent city’ homeless camp

Leeds City Council is to seek an injunction over a homeless support group’s plans to organise an encampment in a car park.
Jan 06, 2020

Defendant who claimed to be ‘Freeman of the land’ fined £15k for planning breaches

A resident who claimed to be a ‘Freeman of the land’ has been fined £15,000 for refusing to remove an unlawfully built extension that covered the whole of his back garden.
Jan 03, 2020

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site

The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.
Dec 31, 2019

Magistrates order homeowner to pay £61,000 over damage to protected tree

A homeowner who damaged a 90-year-old tree so much that it had to be felled has been fined more than £60,000 following a criminal prosecution by Chelmsford City Council.
Dec 31, 2019

District council defeats second judicial review challenge over multi-storey car park development

A district council has successfully defended the grant of planning permission to itself for a multi-storey car park and other development on land in a conservation area, having previously lost an earlier judicial review challenge over a similar development.
Dec 31, 2019

Judge rules against council on meaning of 'needs' for Care Act assessment

An assessment carried out by a London borough did not constitute a discharge of its duties under the Care Act because it failed to include all the individual's needs, whether currently being met or not, a judge has ruled.
Dec 31, 2019

Court of Appeal to hear challenge to changes to school transport policies

The Court of Appeal earlier this month granted the family of a Leicestershire teenager with special educational needs permission to appeal a High Court ruling dismissing their legal challenge over proposed changes to the county council’s school transport policy.
Dec 30, 2019

Council wins appeal over refusal by judge of application for interim care order

A local authority has won an appeal over a Family Court judge’s refusal of its application for interim care orders for two children.
Dec 30, 2019

Council hit by legal action over planning permission for nuclear site development

East Suffolk Council has been threatened with a judicial review of its decision to grant planning permission for development of a nuclear power site.

  MORE FEATURES

January 10, 2020

Placement of looked after English children in Scotland

Justin Gray provides an analysis of the current law on placement of looked after English children in Scotland that will be of interest to child care lawyers and solicitors, including those acting for local authorities.
January 03, 2020

The St Modwen test and deliverability

The Court of Appeal has clarified the St Modwen test for deliverability, writes Michael Bedford QC.
January 03, 2020

The Electronic Communications Code and interim rights

The Court of Appeal has recently given an important ruling on interim rights under the Electronic Communiciations Code. Jonathan Seitler QC explains the outcome.
January 03, 2020

Case management and expert evidence

In a recent case the Vice-President of the Court of Protection made some important comments in relation to case management. The CoP team at 39 Essex Chambers reports.
January 03, 2020

Determining exclusivity: Lone v London Borough of Hounslow

In the first appellate court decision on the issue, the Court of Appeal has confirmed that the Valuation Tribunal ("VT") has exclusive jurisdiction to determine disputes relating to the calculation of Council Tax and that this jurisdiction excludes a freestanding common law claim in restitution. Shomik Datta analyses the case.
December 20, 2019

Public authorities, statutory powers and village greens

Francis Taylor Building comments on a Supreme Court judgment on village greens that will prove hugely significant for landowning public bodies.
December 20, 2019

Assumption of responsibility

Andrew Warnock QC asks the question many involved with the public sector have been asking since the Supreme Court ruling in Poole v GN – when does an 'Assumption of Responsibility' arise?
Default Image
December 20, 2019

Telephone kiosks, advertising and permitted development rights

The Court of Appeal has handed down a judgment dismissing an appeal over telephone kiosks and permitted development rights. Saira Kabir Sheikh QC explains why.
December 20, 2019

The Guildford Local Plan challenge: key issues for plan-makers

James Findlay QC and Robert Williams examine the High Court's recent dismissal of three statutory challenges to the adoption of the Guildford Local Plan.
December 20, 2019

FGM protection orders and the asylum jurisdiction

Srishti Suresh analyses an important recent decision from the President of the Family Division on the relationship between the family courts and the immigration jurisdiction.
December 20, 2019

Strike out: When?

The Employment Appeal Tribunal has recently provided helpful pointers to practitioners on the relevant factors an Employment Tribunal should consider when entertaining an application to strike out, writes Gareth Price.
December 17, 2019

Social landlords and water charges

A recent ruling in the High Court in a test case on water re-selling has led to claims that local authorities and housing associations could face having to refund millions of pounds to tenants. Simon Kiely and Anna Moon analyse the judgment.
December 17, 2019

Housing benefits, human rights and possession claims

Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.
December 17, 2019

Assessment of housing needs

John Murray considers a recent case in which the Court reviewed London Borough of Haringey's assessment of a homelessness application.
December 17, 2019

Strasbourg and the 'bedroom tax'

Alex Ewing considers an important ruling from the European Court of Human Rights on the so-called 'bedroom tax' that could have potentially significant implications for the way in which discrimination cases are approached in the future.
December 13, 2019

Financing of licensing schemes

The Court of Appeal has held that there is no general legal principle that licensing schemes are intended to be self-financing, write Gerald Gouriet QC, Charles Streeten and Leo Charalambides.
December 13, 2019

The Court of Appeal on 'secure accommodation'

The Court of Appeal last month handed down a significant judgment on 'secure accommodation'. Tom Harrill sets out the main points.
December 13, 2019

Capacity, the inherent jurisdiction and self-neglect

A judge was recently asked to resolve a case where there was disagreement as to the jurisdictional basis upon which the Court of Protection was being invited to impose care on a man against his will as being in his best interests. The Court of Protection team at 39 Essex Chambers analyse the ruling.
December 13, 2019

S.103A and concealed reasons

The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker. Gareth Price reports.
December 13, 2019

Accidents arising from street furniture

A council has been fined £1.4m after a child suffered a life-changing head injury on a street bollard. Ridwaan Omar examines the lessons to be learned.