Cheshire East

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. Read more
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  NEWS

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.

  FEATURES AND ANALYSIS

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.
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  MORE NEWS

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.
Jan 13, 2022

ClientEarth brings legal action over “unlawful” net zero plans produced by Government

Environment law group ClientEarth has launched a legal action against the Government over what it calls an “inadequate” net zero strategy.
Jan 13, 2022

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land

A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.
Jan 13, 2022

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments

Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.
Jan 12, 2022

Good Law Project ends judicial review challenge over Levelling Up Fund

The Good Law Project has withdrawn its judicial review challenge over the multi-billion pound “Levelling Up Fund”.
Jan 12, 2022

Cornerstone Barristers bolsters public sector practice with Cantor arrival

Alistair Cantor, a specialist in commercial & regulatory litigation (including insolvency), local government work, property and housing law, has joined Cornerstone Barristers as a tenant.
Jan 11, 2022

Supreme Court to hear appeal by council in dispute over secure flexible tenancies and possession during fixed term

The Supreme Court will this week hear an appeal from a council this week over whether a landlord can terminate a flexible tenancy agreement prior to the expiry of the fixed term if the tenancy agreement does not expressly provide for re-entry or forfeiture.
Jan 10, 2022

Supreme Court to hear case on planning conditions and dedication of highways

The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.
Jan 10, 2022

Simon Bird QC elected Head of Chambers at FTB

Simon Bird QC has been elected as Head of Chambers at Francis Taylor Building, taking over from Andrew Tait QC.
Jan 10, 2022

Court of Protection authorises vaccination of autistic boy despite parental objections

The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma "significantly outweigh" the possible risks, the Court of Protection has found, despite objections from the boy's parents.
Jan 07, 2022

Council agrees to pay £4m damages and costs to publican on rare abuse of process grounds after 20-year legal fight

North Northamptonshire Council has agreed to pay "substantial damages" to a publican who alleged abuse of process in a food safety case brought against him by a predecessor authority more than 20 years ago.
Jan 06, 2022

Resident ordered to pay £90,000 in fines and costs after poisoning protected tree

BCP Council has successfully prosecuted a man following the suspicious death of a protected Monterey Pine tree.
Jan 06, 2022

Council secures continuation of High Court interim injunction over unauthorized development

West Berkshire Council last month won a continuation of an interim injunction preventing any further unauthorised development at the Lawrences Lane site in Thatcham.
Jan 06, 2022

Council facing potential legal challenge over planned transfer of former leisure centre site to university

Winchester City Council has been threatened with a judicial review by a local campaign group over its plans to turn over a former leisure centre site to the University of Southampton.
Jan 06, 2022

Council ends legal fight over permission for 133-home retirement village

South Oxfordshire District Council last month confirmed it has dropped any further legal challenges to a planning inspector’s approval of a 133-homes retirement village in Sonning Common, which the council had rejected as it would be in the Chilterns Area of Outstanding Natural Beauty (AONB).
Dec 30, 2021

Judge gives permission for judicial review over grant of changed dredging licence for material from nuclear power station construction site

An umbrella organisation, acting for environmental groups, has secured permission for a judicial review of the Marine Management Organisation’s (MMO’s) decision to grant a changed licence for the deposit of 800,000 tonnes of dredged mud and sediment in the Severn estuary.
Dec 30, 2021

CoramBAAF urges councils to check their procedures comply with Adoption Agencies Regulations 2005 in light of Somerset ruling

CoramBAAF, the independent membership organisation for professionals, foster carers and adopters, has called on all local authorities to check that their procedures comply with the detail of the Adoption Agencies Regulations (AAR) 2005 to avoid potential similar difficulties to those faced by Somerset County Council and highlighted by a recent High Court judgment.
Dec 29, 2021

Average length of time for care proceedings has continued to rise, Ministry of Justice data reveals

The average time for a care or supervision case to reach first disposal was 45 weeks in July to September 2021, up four weeks from the same quarter in 2020 and one week compared to April to June 2021, according to the latest Ministry of Justice data.
Dec 29, 2021

Fear of catching Covid-19 not a philosophical belief for purposes of Equality Act, employment judge rules

A claimant’s belief in a fear of catching Covid-19 and a need to protect herself and others, did not amount to a philosophical belief for the purposes of section 10(2) Equality Act 2010, an Employment Tribunal judge has ruled.
Dec 23, 2021

Government wins appeal over which council was responsible for s.117 after-care services

The Department for Health and Social Care (DHSC) has won its appeal in a much-anticipated Court of Appeal ruling on which of two local authorities should pay for after-care services pursuant to s.117(3) of the Mental Health Act 1983 where the user has been detained, released and then, sometime later, detained again under the Act.
Dec 22, 2021

Supreme Court upholds contempt finding over lawyer who disclosed one of its draft judgments

The Supreme Court has upheld a decision by a panel of three of its own judges that a lawyer was in contempt of court for disclosing the outcome of one of the court’s rulings to the public while it was in draft and subject to embargo, knowing that such disclosure was prohibited.
Dec 22, 2021

Court of Appeal allows appeal by tenant over possession claim and correction of breach of public sector equality duty

The Court of Appeal has handed down a ruling on the impact of the public sector equality duty (PSED) on a claim for possession of rented residential premises.
Dec 22, 2021

Court of Appeal rules on proper construction of "reasonable excuse" defence for HMO licensing failure

The Court of Appeal has dismissed an appeal by a landlord against the imposition by Thurrock Council of a £17,000 penalty for failing to license a house in multiple occupation.
Dec 22, 2021

Children, planning and public law specialists among 101 new Queen's Counsel

Specialists in children law, the Court of Protection and public law are strongly represented among the 101 barristers and solicitors appointed as new Queen’s Counsel this week.
Dec 22, 2021

London borough fails in judicial review challenge over decision by mayor to grant permission for 11-storey tower

Hillingdon Council has lost an attempt in the High Court to challenge a decision by London mayor Sadiq Khan to allow a tower block to be built in the borough.
Dec 22, 2021

City council wins Court of Appeal battle over refusal by planning inspector to impose conditions

The Secretary of State for Housing, Communities and Local Government (as was) has lost a case in the Court of Appeal over whether a planning inspector was wrong to refuse to impose conditions on a grant of planning permission on the ground that they were unnecessary.
Dec 22, 2021

High Court Master refuses to allow council to resile from admissions made in pavement fall case

The London Borough of Barnet should not be allowed to resile from admissions it made about the state of a pavement on which a resident was seriously hurt in a fall, Master Stevens has ruled in the High Court.
Dec 21, 2021

Senior judge issues supplementary guidance on e-bundles for use in family courts

The President of the Family Division, Sir Andrew McFarlane, has issued guidance on e-bundles for use in the Family Court and Family Division.
Dec 21, 2021

Clinical negligence and PI specialist named High Court judge

A clinical negligence and personal injury specialist and former chair of the Bar Council has been appointed a Justice of the High Court.

  MORE FEATURES

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.
November 26, 2021

Costs order made against an intermediary (A local authority v Mother)

LexisPSL conduct a Family analysis on a case in which a Costs order was made against an intermediary (A local authority v Mother).
November 26, 2021

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?

The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.
November 26, 2021

The Commercial Rent (Coronavirus) Bill: moratorium on enforcement

In the second of three articles on the Commercial Rent (Coronavirus) Bill and the new Code of Practice, Edward Blakeney and Mattie Green look at the moratorium on certain remedies and insolvency arrangements.
November 26, 2021

Man-shed miscalculated

The Court of Appeal recently rejected an appeal by the owner of a building dubbed ‘Britain’s biggest man cave’ over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.
November 19, 2021

Recoveries from abusers

Ryan Wise explains how local authorities can seek recoveries from abusers for the benefit of the public purse.
November 19, 2021

The Commercial Rent (Coronavirus) Bill: A resolution to pandemic rent debts?

Edward Blakeney and Mattie Green look at the likely impact of the Commercial Rent (Coronavirus) Bill.
November 19, 2021

Original and successive homelessness applications

The Administrative Court recently found that a council was wrong in its refusal to treat a further homelessness application as a new application. Amy Stroud discusses the implications.
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