The underlying question in the appeal to the Supreme Court in KINGDOM OF SPAIN v LONDON STEAMSHIP OWNERS MUTUAL INSURANCE ASSOCIATION ( 2026 ) UKSC 36, a case arising from an environmental disaster, was how the PRINCIPLE THAT A THIRD PARTY CANNOT TAKE THE BENEFIT OF A CONTRACT WITHOUT ACCEPTING ITS BURDEN ( the conditional benefit principle ) applies to a contract containing an arbitration clause. The Court rules that a third party entitled to enforce a contract containing an arbitration clause who chooses to take that benefit by asserting a claim under the contract thereby becomes bound by the arbitration clause in the same way as a party to the contract.
DISCHARGE OF PLANNING FUNCTIONS
October 28th, 2026 by James Goudie KC in Planning and EnvironmentalThe Town and Country Planning ( Discharge of LPA Functions ) ( England ) Regulations 2026, S.I. 2026/854, come into force on 31 October 2026. They require LPAs to make arrangements for PLANNING APPLICATIONS specified in the Schedules to the Regulations to be discharged by Committees ( including Sub-Committees ) or by Officers, and to change their current arrangements if they do not accord with the Regulations.
PEDICABS
October 28th, 2026 by James Goudie KC in Environment, Highways and LeisureThe Pedicabs ( London ) ( Amendment ) Regulations 2026, S.I. 2026/1122, have been introduced, with respect to REQUIREMENT FOR INSURANCE and enforcement.
LEGAL AID
October 28th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationThe Legal aid Agency has, on 27 October 2026, issued Guidance, to confirm that civil and criminal legal aid are available for Respect Orders, Youth Injunctions and Housing Injunctions.
LOCAL GOVERNMENT ACCOUNTABILITY
October 26th, 2026 by James Goudie KC in Decision making and ContractsMHCLG Guidance published on 21 October 2026 provides an overview of (1) how local authorities in England are monitored, scrutinised and held accountable, and how public money is safeguarded and (2) how intervention can occur when governance and//or performance concerns arise.
DISCRIMINATION
October 26th, 2026 by James Goudie KC in Human Rights and Public Sector Equality DutyIn R ( CKT ) v Twyford Church of England Academies Trust (2026) EWCA Civ 1364 the Court of Appeal holds that designated faith schools are NOT exempt from INDIRECT RACE DISCRIMINATION CLAIMS where the claim arose from the application of faith based OVERSUBSCRIPTION ADMISSION CRITERIA.
CLOSURE OF LEISURE CENTRE
October 26th, 2026 by James Goudie KC in Land, Goods and ServicesIn R ( JONES ) v CAERPHILLY CBC (2026) EWHC 2709 (Admin) the Court rejects challenges based on (1) the PSED, (2) Section 28(2) of the Children Act 2004 (welfare of children), and (3) Section 3 of the Future Generations ( Wales ) Act 2015.
USE OF EXPERTISE
October 20th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationAlthough a specialist Tribunal may use its expertise when (1) evaluating evidence and (2) drawing inferences, it must NOT rely on assumptions derived from that expertise to fill an EVIDENTIAL GAP, without (i) alerting the parties and (ii) giving them an opportunity to comment. So held in DENBIGHSHIRE COUNTY COUNCIL v AB (2026) UKUT 376 ( AAC ).