One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600 3

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. Read more
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  NEWS

Dec 13, 2019

Former planning officer loses Court of Appeal battle over 'protected disclosures'

A former City of Bradford Metropolitan District Council planning officer has lost a Court of Appeal case against the council over protected disclosures that arose in the course of a dispute over a sewer and outbuilding.
Dec 13, 2019

Council acted unlawfully when assessing whether applicant was 'former relevant child'

The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a ‘former relevant child’ within the meaning of section 23C of the Children Act 1989.
Dec 13, 2019

Owner of ex-British Legion hall fails in tribunal bid to stop registration as asset of community value

The owner of a former British Legion Hall cannot prevent it from being designated as an asset of community value, the First-Tier Tribunal General Regulatory Chamber has ruled.
Dec 13, 2019

Tribunal backs decision to designate overgrown land as asset of community value

The First-Tier Tribunal has upheld Winchester City Council’s decision to allow an area of overgrown land to be designated as an asset of community value.
Dec 12, 2019

Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates

A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.
Dec 12, 2019

Guidelines to be developed on removal of newborn babies amid concerns over inconsistent practice, misunderstandings of legal framework

The Nuffield Family Justice Observatory (Nuffield FJO) is to develop the first national, evidence-informed good practice guidelines for health and social work professionals involved in the process of removing newborn babies from their mother at birth for child protection reasons.
Dec 11, 2019

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration

The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.
Dec 11, 2019

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences

The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.
Dec 10, 2019

Borough council sees off statutory challenges to adoption of Local Plan

A Planning Court judge has rejected s.113 statutory challenges brought by two parish councils and a local resident against Guildford Borough Council’s adoption of its Local Plan.
Dec 10, 2019

High Court to hear argument on lawfulness of short form and visual age assessments

A High Court judge will today (10 November) consider the lawfulness of short form and visual age assessments in a case brought by the Refugee Council on behalf of the claimant.
Dec 10, 2019

High Court gives green light to legal challenge over planning permission for development next to Royal Military Canal

A High Court judge has granted campaigners permission to bring a judicial review challenge over Folkestone and Hythe District Council’s (FHDC’s) decision to grant planning permission for development on land adjacent to the Royal Military Canal.
Dec 10, 2019

Council fined £500k after first prosecution by CQC over failure to provide safe care and treatment

Derbyshire County Council has been fined £500,000 following the first prosecution that the Care Quality Commission has brought against a local authority since the watchdog was given powers to prosecute health and social care providers for failing to provide safe care and treatment in 2015.

  FEATURES AND ANALYSIS

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.
December 06, 2019

Compensation under the Assets of Community Value Regime

Christopher Cant looks at the lessons to be learned from a First-tier Tribunal case on compensation claims under the Assets of Community Value (ACV) regime.
December 06, 2019

It’s not always the council’s fault: Gorringe reprised

Following a tragic accident where the claimant was struck by a London bus whilst crossing a road sustaining multiple serious injuries, Central London County Court has struck out the claimant’s claim against a London borough. Steven Conway explains why.
December 06, 2019

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.
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.
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  MORE NEWS

Dec 09, 2019

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community

The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.
Dec 06, 2019

Council directly discriminated against couple with Sikh Indian heritage in provision of adoption services, judge rules

The Royal Borough of Windsor & Maidenhead and Adopt Berkshire directly discriminated against a couple of Sikh Indian heritage in the provision of adoption services, on the grounds of race, a County Court judge has ruled.
Dec 06, 2019

Dispute over empty properties and £10m+ in business rates to go to Supreme Court

The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.
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.
Nov 29, 2019

Court of Appeal hands down key ruling on nature of 'secure accommodation'

Premises used to accommodate a 15-year-old girl became "secure accommodation" within the meaning of s.25(1) of the Children Act 1989, even though they were not designed as such, because of the use to which they were put in her case, the Court of Appeal has ruled.
Nov 29, 2019

The GPDO and Convention rights

A gliding club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act, writes Jenny Wigley.
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

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

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

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 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 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.

  MORE FEATURES

November 29, 2019

Confidentiality Rings

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