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The section 58 defence in the Highways Act 1980

The Court of Appeal recently allowed a claimant’s appeal against a judge’s decision to reject his claim for liability against a county council in relation to a hole in a grass verge which caused him to fall off his bicycle. Martin Porter KC and Anastasia Karseras explain why. Read more

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  FEATURES AND ANALYSIS

July 11, 2025

Risk assessments in care proceedings: L-G and Re T

Adrian Gordon considers two significant 2025 decisions of the Court of Appeal, which revisit some of the most fundamental considerations surrounding the application of s31 of the Children Act 1989 to the facts of every given case.
July 11, 2025

Turbulence ahead

The £205.2m Cardiff Airport public funding package is to be challenged under the Subsidy Control Act 2022. Jonathan Branton and Alexander Rose consider the case and whether we are now likely to see more legal challenges emerge within the airport and aviation sector, which has been the subject of frequent cases in EU State aid law.
July 01, 2025

Deploying ‘ADR’ in Planning & Compensation contexts

John Pugh-Smith looks at how these aspects of alternative dispute resolution (ADR) can now be made to work and at different stages of a dispute. Put another way, the “A” in ADR is not just “alternative” but also “adaptable”, “agile” and “accessible”.

Sponsored Editorial

Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

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Jul 07, 2025

Supreme Court to hear case on ending of section 193 Housing Act duty

The Supreme Court has agreed to hear a dispute over whether a local authority’s duty to house homeless applicants under section 193 of the Housing Act 1996 ends by operation of law or whether the local authority is required to make a decision that the duty has ended.
Jul 03, 2025

New Hillsborough Law will include legal duty of candour, says Prime Minister

Sir Keir Starmer has told the House of Commons he is "fully committed" to bringing in legislation which would force public officials to tell the truth at major inquiries, with "criminal sanctions for those that refuse to comply", after concerns were raised that the government wanted to "water down" the scope of the new Hillsborough Law.
Jul 02, 2025

Judge criticises claim against council in private dispute

An Ealing resident who used judicial review to ventilate “what is quintessentially a private law dispute between neighbours about actual or potential acts of trespass and alleged antisocial behaviour”, has lost her case over the construction of a parking crossover.
Jun 24, 2025

Council erred in law when drawing up pathway plan by taking account provision to claimant of NASS accommodation: High Court

A local authority cannot take into account that a qualifying young person is being provided with, or might be provided with, National Asylum Seeker Service (NASS) accommodation under s95 of the Immigration and Asylum Act 1999 when deciding whether there are exceptional circumstances for the purposes of s24A(5) of the Children Act 1989, the High Court has ruled.
Jun 18, 2025

Expert fees in public law children cases

When the expert exceeds Legal Aid Agency rates, what is the Court to do? Eleanor Hull analyses an important recent ruling from the President of the Family Division.
Jun 10, 2025

Northern Ireland Government to ask Supreme Court whether amended Deprivation of Liberty Safeguards Code of Practice satisfies Article 5 even if approach is different to Cheshire West

The Attorney-General for Northern Ireland has made a reference to the Supreme Court over whether proposed changes to Northern Ireland's Deprivation of Liberty Safeguards Code of Practice that differ from the approach set out in the landmark Cheshire West ruling nevertheless satisfy Article 6 of the European Convention on Human Rights (the right to liberty).
Jun 09, 2025

Public law specialist joins 11KBW

Juliet Wells, whose practice spans public law, group litigation, commercial law, international law, public inquiries, and costs and litigation funding, has joined 11KBW from Temple Garden Chambers.

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June 27, 2025

The attendance of experts in family proceedings

Rosie Muncer looks at the lessons to be learned from how a High Court judge considered a case management application for the single joint experts in care proceedings to attend to give oral evidence.
June 25, 2025

Public law case update Q1 2025

Kieran Laird and Sophie O’Mahoney offer a straightforward and concise overview of six public law and regulation cases from the first quarter of 2025 which highlight important points of principle and procedure.
June 20, 2025

Mediating PFIs

Mediation is a potentially underused tool for unlocking contract disputes arising out of PFI, write Emma Beynon and Andrew Lancaster.
June 19, 2025

The final say

The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).
June 06, 2025

Navigating automatic suspensions

Richard Binns, Ryan Jenkins and Luke Parry-Billings look at the issue of a “sufficiently serious” breach in an application to lift an automatic suspension in procurement proceedings.
June 06, 2025

Fact-finding hearings and allegations of rape

Although a private law children case, there are various points in a recent judgment from Mr Justice Hayden that are relevant to local authorities involved in public law children proceedings, write Joanna Thom and Harrison Engler.
June 04, 2025

Who inspects the inspectors?

Richard Dewsbery and Holly Sims explore why housing condition claims see the involvement of one or more (often two) experts.
June 04, 2025

Expert witness functions in the housing disrepair sector

The Royal Institution of Chartered Surveyors (RICS) recently issued a practice alert after receiving reports condemning the quality of expert witness functions being performed in the housing disrepair sector by its members. Bethan Jones examines the issue.
June 04, 2025

Housing case law update: May 2025

Karen Smith, Emily Howe and Sumi Begum round up the latest housing law cases of interest to housing associations and local authorities.