Cheshire East

Listing assets of community value

The High Court has ruled that a council’s refusal to list local sports field as an asset of community value was unlawful. Jenny Wigley QC analyses the judgment. Read more
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  NEWS

Jan 28, 2022

High Court rejects claim council was vicariously liable after employee on “frolic of her own” leaked social care records

Luton Borough Council was not vicariously liable for the acts of an employee who leaked sensitive data about a woman and her children, in what a High Court judge called a "classic case" of the employee being on a "frolic of her own".
Jan 27, 2022

Cumbria renews judicial review bid over local government reorganisation

Cumbria County Council has renewed its application for a judicial review of the government's plans to divide the county into two east-west unitary councils.
Jan 27, 2022

Court of Protection approves move to Jewish care home in best interests of 86-year-old despite council, Official Solicitor being against

An elderly man who may not have long to live can move from a general nursing home into a Jewish one, the Court of Protection has ruled.
Jan 27, 2022

High Court rules National Disability Strategy unlawful over consultation failings

The National Disability Strategy has been declared unlawful by the High Court over flaws in the consultation held for it.
Jan 27, 2022

Council defeats appeal over status of former bus depot

No charitable trust was created when the London Borough of Brent bought a former bus depot for conversion to a community centre, even though charities were involved in the transaction, the Court of Appeal has found.
Jan 27, 2022

Claimant wins appeal over duration of EHC Plan

An education, health and care (EHC) plan can in some situations extend to the day before a person’s 26th birthday, the Upper Tribunal has ruled.
Jan 27, 2022

High Court agrees to hear claim brought by family against London borough amid row over banding, overcrowding

A family has gained permission to take the London Borough of Southwark to the High Court over what they claim is an unreasonable period in which they have been left in overcrowded accommodation.

  FEATURES AND ANALYSIS

January 28, 2022

Practice Direction 57AC in practice

Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.
January 28, 2022

Age assessment and the Kent Intake Unit social worker guidance

The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.
January 28, 2022

Court of Protection case review

Lauren Gardner reports on some significant recent judgments in the Court of Protection.
January 21, 2022

EOTAS and suitability

Ilona Roberts and Bethany Hutchison consider the issue of ‘suitability’ in light of a recent EOTAS (‘education otherwise than at school’) case.
January 21, 2022

Planning enforcement orders and mixed use

The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.
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  MORE NEWS

Jan 27, 2022

Council facing legal claim over abuse suffered at school for vulnerable children

A law firm has urged former pupils of a school where they may have suffered abuse to come forward in a case against Lincolnshire County Council.
Jan 26, 2022

Mobile home park owner and company ordered to pay £33k in fines, compensation and costs following council prosecution

Winchester City Council has successfully prosecuted the owner of a mobile home park following reports of harassment and failure the keep the land in a suitable condition for residents.
Jan 26, 2022

Public law barrister joins Landmark Chambers

Public law barrister Miranda Butler has joined Landmark Chambers’ 51-strong Public Law group.
Jan 25, 2022

Residents secure permission for judicial review challenge over distributor road for 4,000-home development

The High Court has given permission for a residents' group's judicial review challenge which claims that Wiltshire Council "did not consult appropriately" before deciding to pursue a major infrastructure project.
Jan 25, 2022

Defendant who never moved in pleads guilty to unlawful subletting of council property

A defendant has pleaded guilty to subletting a council property owned by a London borough, after it emerged that he never moved in and had obtained alternative accommodation with a local authority in Yorkshire.
Jan 24, 2022

All Party Parliamentary Group launches inquiry into legal aid for kinship carers

The All Party Parliamentary Group (APPG) on Kinship Care has launched an inquiry into access to legal aid for kinship carers and potential kinship carers.
Jan 24, 2022

Council agrees to reconsider decision to de-register common land around historic racecourse buildings after judicial review challenge

North Yorkshire County Council has agreed to reconsider its decision to de-register common land surrounding three historic buildings on Low Moor, Richmond, the site of a former horse racing track.
Jan 24, 2022

High Court rejects ‘failure to remove’ Human Rights Act claim brought against two councils

A Deputy High Court judge has dismissed a claim brought by a claimant (AB) under the Human Rights Act against two local authorities over their alleged failure to remove him from the care of his mother.
Jan 24, 2022

Family Division judge backs proposals for future applications for third party disclosure from Prison Service and similar bodies

A judge in the Family Division of the High Court has backed proposals made by the Justice Secretary for how parties seeking disclosure from the HM Prison and Probation Service (HMPPS) in public law children proceedings should approach the issue.
Jan 21, 2022

High Court rules Home Office guidance on age assessments at Kent Intake Unit was "unlawful"

Guidance issued by the Home Office to social workers at the Kent Intake Unit (KIU) and age assessments carried out by them in relation to two claimants were unlawful, a High Court judge has ruled.
Jan 21, 2022

NHS Resolution names 11 firms to £772m legal services framework

NHS Resolution has appointed 11 law firms to a two-lot legal services framework that will come into effect on 1 March 2022.
Jan 20, 2022

Crown Commercial Service notifies costs lawyers of upcoming £50m framework

The Crown Commercial Service is preparing to establish a framework of costs lawyers for public sector bodies and central government worth an estimated £50 million.
Jan 20, 2022

Judge criticises housing association over anti-social behaviour injunction bid, awards £27,500 damages for anti-discrimination counterclaim

A judge has strongly criticised Rosebery Housing Association on its mishandling of a case where it sought an injunction against residents for anti-social behaviour.
Jan 20, 2022

Government defeats High Court challenge to ending of ‘Everyone In’ initiative

A High Court judge has dismissed a judicial review challenge over the Government’s decision to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.
Jan 20, 2022

Failure in childcare case to identify cognitive difficulties of appellant and to make appropriate participation directions “amounted to serious procedural irregularity”, Court of Appeal rules (2)

Failure to identify an appellant's cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.
Jan 20, 2022

Judge rules challenge to grant of planning permission by City of London Corporation for new court building and police HQ out of time

The High Court has rejected a claim by campaign group Save Britain's Heritage (SBH) to a planning decision by the City of London Corporation as being both out of time and unfounded.
Jan 20, 2022

Family Court judge criticises "seriously flawed" investigation into injuries suffered by boy

A county council failed to establish that a child’s injuries were inflicted and the investigation into responsiblity for those injuries was "seriously flawed", a Familiy Court judge has found.
Jan 20, 2022

High Court rejects appeals over business rates and sham transactions findings

The High Court has dismissed appeals against a case brought by Cardiff City Council over shams designed to avoid business rates.
Jan 19, 2022

High Court refuses permission for Cumbria County Council challenge to local government restructuring

The High Court has denied permission to Cumbria County Council for a judicial review of the Government's decision to create two unitary authorities in the county.
Jan 19, 2022

Claim that council negligently designed road which saw fatal crash was wrongly struck out, Court of Appeal finds

A legal challenge by a widower against Cornwall Council that contended the road that his wife had a car accident on was negligently designed has been allowed to progress, following a decision by the Court of Appeal.
Jan 19, 2022

Campaign group launches judicial review challenge against Welsh Ministers over “unevidenced” Covid Pass scheme

Campaign group Big Brother Watch has launched a judicial review challenge against the Welsh Government over its ‘Covid Pass’, claiming that the scheme is unlawful “as it is disproportionate and unevidenced”.
Jan 18, 2022

Court of Appeal overturns High Court ruling that award of £560,000 focus group contract to friends of Dominic Cummings was unlawful

The Government has won an appeal over a High Court ruling that its decision to award a £560,000 contract for the provision of focus group and communications support services during the pandemic to Public First without public notice or competition gave rise to apparent bias and was unlawful.
Jan 18, 2022

Council leader issues second statement on £4m food safety “abuse of process” settlement, defends former chief executive at predecessor authority

The Leader of North Northamptonshire has issued a second statement in a bid to clarify its decision to pay £4m to a publican who alleged abuse of process in a food safety case brought against him by East Northamptonshire District Council more than 20 years ago, and to defend a former chief executive.
Jan 18, 2022

Magistrates to have power to impose year-long prison sentences in latest bid to tackle Crown Court backlog

The maximum 6-month prison sentence that can currently be handed out by Magistrates is to be doubled to a year, Justice Secretary Dominic Raab has announced.
Jan 18, 2022

High Court declaration in case concerning landfill site regulation by Environment Agency “went beyond the scope of the court’s functions”: Court of Appeal

A declaration by a High Court judge, which required the Environment Agency to achieve prescribed outcomes within a prescribed timetable in relation to a landfill site, went beyond the scope of the court's functions in dealing with a claim that the regulator was acting incompatibly with the Convention rights of a five-year-old boy with serious health problems, the Court of Appeal has ruled.
Jan 17, 2022

Legal challenges over age assessments for unaccompanied asylum seeking children and incorrect Home Office decisions “placing additional pressure on children’s services departments”: ADCS

Local authorities are “picking up the pieces” where decisions made by the Home Office on the age of unaccompanied asylum seekers are incorrect, the President of the Association of Directors of Children’s Services (ADCS) has warned.
Jan 17, 2022

Unlicensed puppy trader ordered to pay £100,000 after council prosecution

An unlicensed puppy trader has been ordered to pay £100,000 for placing misleading adverts, following a prosecution prepared and presented by Telford and Wrekin Council’s legal services department.
Jan 17, 2022

Second environmental group launches legal challenge over Net Zero Strategy

Campaign group Friends of the Earth has filed papers in the High Court challenging the Government's Net Zero Strategy (NZS) and its Heat and Building Strategy over "lacklustre" commitments to tackling climate change, making the policy the subject of two separate legal challenges.
Jan 14, 2022

Use of VIP lanes in government PPE procurement unlawful, High Court finds

The Government's use of a fast track "VIP" lane for awarding PPE (personal protective equipment) contracts was unlawful, the High Court ruled this week.

  MORE FEATURES

January 21, 2022

Council tax and ‘self-contained units’

Sarah Sackman and Aidan Wills report on an important Council Tax case on the test for a ‘self contained unit’.
January 17, 2022

Remedying breaches of the Public Sector Equality Duty

Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.
January 14, 2022

Child Law Update

Michael Jones reviews some of the most signifcant public law children cases of 2021.
January 14, 2022

Carriageways, footways and standards of maintenance

Shaun O'Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.
January 13, 2022

Court of Appeal cooks the (Canada) Goose

The Court of Appeal has allowed an appeal by 15 councils over whether final injunctions can be granted against ‘newcomers’. Ranjit Bhose QC and Wayne Beglan analyse the ruling.
January 12, 2022

The 'right to manage' and shared estate facilities

In a key ruling on the 'right to manage' and wider estate facilities, the Supreme Court has overturned the Court of Appeal's ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.
January 04, 2022

Too little too late: a successful PSED challenge to a possession order

The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.
December 22, 2021

Application for licence for 24-hour delivery of alcohol turned down

A district judge has upheld a council’s decision to refuse a licence for 24-hour London alcohol delivery in London. Horatio Waller explains why.
December 21, 2021

Public law children case update

Mary Brodie looks at recent judgments of the Court of Appeal and the High Court in public law children proceedings.
December 17, 2021

Decisions to defer further consideration

The High Court has confirmed that the requirement to 'grasp the intellectual nettle' of a previous, inconsistent planning decision does not extend to 'minded to' positions reached as part of an inchoate decision-making process. Josef Cannon and Wayne Beglan report.
December 17, 2021

Reform or revolution?

How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.
December 17, 2021

First things first

Trevor Watt considers the lessons to be learned from a recent High Court ruling in relation to preliminary issues in procurement disputes.
December 10, 2021

Requiring the Information Commissioner to progress data breach complaints

The Upper Tribunal has clarified powers to require the Information Commissioner to take “appropriate steps” to progress complaints of a data protection breach, write Maya Lester QC and Jacob Rabinowitz.
December 10, 2021

The black box of the judicial visit to P

The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.
December 10, 2021

Over-reliance on ‘waking day curriculum’

The Upper Tribunal has warned of the dangers of over-reliance on ‘waking day curriculum’, overturning a First Tier Tribunal decision. William Haslam looks at the lessons to be learned.
December 10, 2021

Proof positive? Admissibility of redacted documents

Katie Gray examines recent Court of Appeal guidance on the redaction of documents being made available to the Court.
December 09, 2021

You Must Adjudicate First NEC3 imposes obligation to adjudicate first before commencing court proceedings.

Michael Comba discusses NEC3 imposing an obligation to adjudicate first before commencing court proceedings.
December 03, 2021

The Supreme Court on capacity to consent to sexual relations

The Supreme Court recently handed down a landmark ruling on capacity to consent to sexual relations. Anna Dannreuther analyses the judgment.
December 03, 2021

Service charge machinery and clauses for recovery of costs

A Court of Appeal judgment provides guidance for residential and commercial landlords on how service charge machinery and clauses for the recovery of costs are to be construed. James Fieldsend and Edward Blakeney analyse the ruling.
December 01, 2021

Housing case law update: November 2021

Michael Owen, Katrina Robinson and Emily Howe round up the latest housing law judgments and Ombudsman reports of interest to housing associations and local authorities.
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