Planning for Protests

Tim Polli QC, Michael Buckpitt and Michael Walsh discuss the recent protests taking place across the country and how the courts approach applications for injunctions by landowners and public authorities. Read more
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  NEWS

Oct 18, 2021

London borough fails in Court of Appeal bid to challenge routeing of lorries to HS2 construction sites

The Court of Appeal has refused Hillingdon Council permission to appeal in a dispute about the arrangements for the routeing of lorries to and from HS2 construction sites in the borough.
Oct 14, 2021

Planning and public law specialist Olley joins FTB

Planning and public law barrister Kate Olley, formerly of Landmark Chambers, is joining Francis Taylor Building as a tenant with immediate effect.
Oct 11, 2021

Local campaigner loses judicial review application over new medical facility

A local campaigner must pay more than £45,000 in costs after losing a judicial review application over the construction of a new medical facility, the BBC has reported.
Oct 07, 2021

Water park dispute results in legal action from Council

Scarborough Borough Council is to take legal action in an £800,000 dispute over a local water park.
Oct 07, 2021

Case against social landlord with "no basis for liability" must be struck out

A community interest company’s case against a social landlord was “hopelessly muddled” and must be struck out, a judge has said.
Oct 07, 2021

Search of personal documents of former Health and Social Care Secretary to be carried out, to challenge contract awards to Abingdon Health

Mr Justice Fraser has ordered a search of former Health and Social Care Secretary Matt Hancock’s personal emails and social media apps.
Oct 06, 2021

High Court raps councils over failure to progress injunctions against travellers

Four councils have been found by the High Court to have engaged in an abuse of process relating to injunctions against travellers and a fifth has been severely criticised in cases where they showed “complacency, even insouciance”.

  FEATURES AND ANALYSIS

October 08, 2021

Low traffic neighbourhoods

Philippa Jackson analyses the latest rulings in relation to low traffic neighbourhoods and what they mean for future legal challenges.
October 08, 2021

Harmful emissions and human rights duties

Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.
October 08, 2021

Interim and final injunctions: the differences

Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.
October 08, 2021

List of issues

Peter Doughty looks at the lessons from a recent Employment Appeal Tribunal judgment around the list of issues.
October 07, 2021

A commentary on the new powers in relation to quashing orders and abolition of the rule in Cart

David Lock QC, David Elvin QC and Richard Drabble QC look at the some of the potential consequences of the Judicial Review and Courts Bill.
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  MORE NEWS

Oct 05, 2021

Government to reform Human Rights Act before next election: Justice Secretary

The Government will overhaul the Human Rights Act in this Parliament, the Justice Secretary has said.
Oct 04, 2021

Law Society report hits out at “vanishing” civil legal aid

People living in areas without a major city are particularly badly hit by “vanishing” availability of civil legal aid across housing, welfare, education, community care and immigration, the Law Society has claimed.
Oct 04, 2021

Claimant disability discrimination law firm goes into administration

A leading disability discrimination law firm, Fry Law, has gone into administration.
Oct 01, 2021

Fewer than one in four care and supervision cases disposed of within 26-week timeframe: MoJ

The percentage of care or supervision cases to be disposed of within 26 weeks has reached its lowest level since 2012, government data has revealed.
Sep 30, 2021

Discussions between Welsh Government and UK Government over future of justice in Wales to begin “shortly”: Counsel General

The Welsh Government expects discussions with the UK Government about the future of justice in Wales to begin shortly, Counsel General and Minister for the Constitution Mick Antoniw MS has said.
Sep 30, 2021

Lord Chief Justice appoints 40 Deputy High Court Judges

The Lord Chief Justice, Lord Burnett of Maldon, has appointed 40 Deputy High Court Judges, for a single fixed six-year term.
Sep 30, 2021

High Court authorises deprivation of liberty for 16 year old and expresses concern at Ofsted threatening prosecution of children's home where she lives

A judge has expressed concern about Ofsted’s intention to prosecute a non-registered children’s home in which a child deprived of liberty appears to be making progress.
Sep 30, 2021

Councillor eyes legal challenge over closure of local ambulance station

A town councillor is trying to raise funds to take legal action over the proposed closure of an ambulance station in Evesham.
Sep 29, 2021

Property specialist becomes fifth High Court judge appointed in September

A fifth new High Court judge – real property law specialist Edwin Johnson QC – has been appointed this month.
Sep 29, 2021

Cafcass prioritisation protocol extended to Greater Manchester

Cafcass last month extended the use of its prioritisation protocol for managing high workloads to the Greater Manchester area, it has emerged.
Sep 29, 2021

High Court judge approves bespoke placement in case where he had declined to authorise continued deprivation of liberty of 12 year old in psychiatric admissions unit

A High Court judge who last week refused to exercise the inherent jurisdiction to authorise the continued deprivation of the liberty of a 12-year-old child (LT) in an acute psychiatric admission unit for adolescents, has since authorised her deprivation of liberty in an empty children’s home found by the local authority, it has emerged.
Sep 28, 2021

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools

The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.
Sep 28, 2021

Council hits out at placement of asylum seekers in Blackpool hotel ahead of hearing of its injunction application

The Leader of Blackpool Council has accused the Home Office of acting “in a way that smacks of a deliberate move to frustrate the justice system”, after asylum seekers were placed in a local hotel ahead of a court hearing of the authority’s application for an injunction.
Sep 27, 2021

Anthony Collins Solicitors housing partner appointed as Midlands deputy district judge 

Helen Tucker, a partner in Anthony Collins Solicitors’ housing management team, has been appointed as a part-time deputy district judge (DDJ) for the Midlands Circuit.
Sep 27, 2021

Independent fostering agency loses appeal over lawfulness of only accepting heterosexual evangelical Christians as potential carers

The Court of Appeal has dismissed an appeal by an independent fostering agency over whether it is lawful for it only to accept heterosexual evangelical Christians as potential carers.
Sep 24, 2021

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough

A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.
Sep 24, 2021

Gillick competence, puberty-blockers and the Court of Appeal

Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.
Sep 23, 2021

Council secures anti-harassment injunction in High Court against landlord who waged “deliberately offensive” campaign against councillors, lawyers and other officers

A Deputy High Court judge has granted Ashford Borough Council a final anti-harassment injunction against a large-scale landlord who engaged in a campaign of “repetitive, frequent, oppressive and offensive correspondence”.
Sep 23, 2021

Court of Appeal counsels against orders in childcare cases extending time for making application for appeal until receipt of transcript

Maldon District Council has warned a councillor who said he wanted to wear its censure letter to him as a hat.
Sep 23, 2021

First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules

A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.
Sep 22, 2021

Fourth new High Court judge appointed

A personal injury and clinical negligence specialist has been appointed a High Court Judge, the fourth new justice to be unveiled this month.
Sep 22, 2021

Cycling charity secures permission from Court of Appeal for judicial review challenge over removal of bike lanes, after earlier High Court refusal

The Court of Appeal has given the go-ahead for a judicial review of West Sussex County Council's decision to remove a cycle lane installed during the pandemic.
Sep 21, 2021

Council loses appeal over £125k personal injury award amid claims of fundamental dishonesty

A council has failed in an appeal over a judge’s decision that a personal injury claimant had not been fundamentally dishonest in relation to his claim.
Sep 21, 2021

Court of Appeal to live stream contempt of court appeal next week from builder of “Britain’s biggest man cave”

The Court of Appeal will next week hear an appeal by a defendant found in contempt of court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.
Sep 21, 2021

Supreme Court refuses permission to appeal in housing case concerning discrimination claims and s204 appeals

The Supreme Court has refused permission to appeal in a case over whether the County Court has jurisdiction to determine allegations of discrimination in a statutory appeal brought under section 204 of the Housing Act 1996.
Sep 21, 2021

Supreme Court refuses permission to appeal in challenge to amended SEN transport policy

The Supreme Court has refused permission to appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.
Sep 20, 2021

West Midlands councils in High Court challenge over bid to exit voluntary asylum dispersal scheme

Seven West Midlands councils have launched a legal challenge against the Home Office over the voluntary asylum dispersal scheme for future asylum seekers.
Sep 20, 2021

Guidance issued on remote hearings and bundles in Business and Property Courts

The Courts and Tribunals Judiciary has issued guidance on practical measures that will – with the authorisation and approval of the Chancellor of the High Court and the Judges in Charge of the Commercial Court and the Technology and Construction Courts – remain in place until further notice, to assist the courts of the Business and Property Courts “to deal with their business as efficiently as…
Sep 20, 2021

Three new High Court judges named with further appointments expected in coming months

Three High Court judges have been appointed with effect from 1 October 2021.

  MORE FEATURES

October 04, 2021

Possession – more change in England

From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.
October 01, 2021

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed

Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.
October 01, 2021

Assessment of costs in disrepair claims

The County Court recently considered the amount of legal costs that are recoverable in a disrepair claim that settled pre-issue. Stathis Kosteletos and Elena-Lucia Singleton analyse the ruling.
September 29, 2021

Practice Direction 57AC Trial Witness Statements in the B&PC

Matthew Hall and Geraint Wheatley discuss various issues relating to evidence in property cases.
September 24, 2021

Mandatory off site schooling other than by statutory exclusion

A recent High Court case considered whether schools and local authorities can mandate that a child – against the wishes of the child's parents – must attend off-site education at another school. Jonathan Auburn QC analyses the ruling.
September 24, 2021

Fixed recoverable costs in housing conditions claims

The Government has decided to extend fixed recoverable costs to all civil claims, including housing conditions claims. Matthew Lake analyses the impact of the move.
September 24, 2021

Fixtures or fittings?

Although the facts related to a commercial dispute, the Technology and Construction Court’s recent approach to determining if something is a fixture or fitting applies across a range of legal areas, write Clive Adams, Stathis Kosteletos and Elena-Lucia Singleton.
September 24, 2021

Civil claims in schools

Katherine Langley explores some of the more common types of claim that arise in a school setting to provide insight into the principles that will be considered when civil claims are brought and steps that can be taken by schools when implementing policies and procedures.
September 17, 2021

Housing disrepair claims and costs

Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.
September 17, 2021

Public procurement update

Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.
September 15, 2021

Relief from sanctions

Desmond Kilcoyne unpacks the relief from sanctions principles, considering the Denton test, applications for an extension of time, applications in respect of failure to comply with orders or otherwise which are outside the scope of Denton, alongside a look at practical guidance on preparing to apply for relief from sanctions.
September 10, 2021

Service of documents in civil proceedings: A lesson in getting it right

Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.
September 10, 2021

Notification to the biological father

Fran Massarella reports on an appeal against an order refusing a mother’s application for permission to dispense with the requirement for the local authority to give notice of the proceedings to the child’s biological father.
September 10, 2021

Capacity and the limits of decision-specificity

Alex Ruck Keene examines what can be learned from a Court of Protection judge's ruling on whether a woman had capacity in a range of areas.
September 10, 2021

Education authorities can resist requests for statement in appropriate circumstances

John Roberts explains how an education authority sought to resist an appeal in the Special Educational Needs Tribunal for Wales (‘Tribunal’).
September 06, 2021

Where are you? The “missing” witnesses and drawing an adverse inference

Andrew Lane reports on a recent trial of a possession claim where the issue of adverse inferences was raised.
September 03, 2021

What is climate change litigation?

The following LexisNexis Environment practice note produced in partnership with Katharina Theil of Leigh Day and Richard Lord QC of Brick Court Chambers provides comprehensive and up to date legal information on the rise of climate change related litigation.
September 03, 2021

Looked after children and secure accommodation after 9 September

David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?
September 03, 2021

Revocation of adoption orders

The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.
August 27, 2021

Public Law Proceedings and the 1996 Hague Convention

Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.
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