In R ( WILLIAMS ) v NATURAL RESOURCES WALES and CONWY COUNTY BOROUGH COUNCIL ( 2026 ) EWHC 9 ( Admin ) the Claimants unsuccessfully challenged the decision of Natural Resources Wales ( NRW ) that it would no longer exercise its power, under Section165 of the water resources Act 1991, to carry out works and maintenance to a embankment. The 4 grounds of challenge included that the decision placed an unfair and disproportionate burden on adjacent landowners for maintenance of the embankment and its associated structures, and constitute “ control or interference “ with the landowners’ property rights under Article 1 of the First Protocol of the ECHR. This is discussed by Judge Keyser KC at paras 66-82. “ Possessions “ is construed broadly, but the matter complained of did not violate the claimants’ rights. They were not deprived of their land. NRW is neither purporting to exercise control over the claimants’ land nor controlling the use to be made of it. Their right to peaceful enjoyment of their possessions was not infringed. There was no public obligation to maintain flood defences. Article 1 was not engaged.
FLOOD PROTECTION
January 7th, 2026 by James Goudie KC in Human Rights and Public Sector Equality Duty
OCCUPIER LIABILITY
January 5th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationIn LILLYSTONE v BRADGATE EDUCATION PARTNERSHIP (2025) EWHC 3341 (KB) the Court reiterates that liability relates to dangers due to the state of the premises, rather than indulging in an activity that has inherent dangers and perfectly obvious risks.
COLLECTIVE PROCEEDINGS
January 5th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationIn EVANS v BARCLAYS BANK (2025) UKSC 48 the Supreme Court considers the procedure for collective proceedings ( a form of class action ) in cases where BREACH OF COMPETITION LAW is alleged, and which allows damages to be awarded for the AGGREGATE LOSS of the class as a whole, without the need to show what loss each individual member of the class has suffered.
RENT
January 5th, 2026 by James Goudie KC in HousingXiaohan Xu v USAF (2025) UKUT 422 (LC) concerns RENT REPAYMENT ORDERS in the cases of (1) houses in MULTIPLE OCCUPATION and (2) houses in areas of selective licensing designated by the local housing authority under the Housing Act 2004, which is not an award of compensation, but where the conduct of the landlord may be a relevant consideration.
DATA IMPLICATIONS
January 5th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationIn Case C-422/24, SWEDISH AUTHORITY FOR PRIVACY PROTECTION v A SWEDISH PUBLIC TRANSPORT COMPANY the CJEU considers GDPR implications when operators of PUBLIC TRANSPORT SERVICES equip their ticket inspectors with body cameras used to film passengers who do not have a valid ticket when TICKET INSPECTIONS are carried out.
LIABILITY OF OWNERS
December 12th, 2025 by James Goudie KC in Council Tax and RatesIn R (Emeraldshaw Ltd) v Sheffield Magistrates Court (2025) EWCA Civ 1601 the Court of Appeal considers the scope of the Supreme Court decision in ROSSENDALE (2022) AC 690, in relation to the liability of owners of UNOCCUPIED HEREDITAMENTS to pay non-domestic rates. The “owner” is the person who has the IMMEDIATE LEGAL RIGHT TO ACTUAL PHYSICAL POSSESSION of the property, UNLESS they had NO REAL OR PRACTICAL ABILITY to exercise that right, so as to bring the property back into use, and had been granted that right only for the purpose of avoiding rates.
HOUSE IN MULTIPLE OCCUPATION (HMO)
December 12th, 2025 by James Goudie KC in HousingINVESTVIEW LTD v TANDRIDGE DC (2025) UKUT 405 (LC) concerns the regulation of HMOs under the Housing Act 2004, PROHIBITION ORDERS imposed in response to what the Council regarded as a number of HAZARDS, including INADEQUATE SPACE, relevant SPACE STANDARDS, and the risk posed for occupants. The Court analysed the legal regimes in relation to the SIZE OF RESIDENTIAL ACCOMMODATION. These are (1) Planning : paras 5-7; (2) Statutory Overcrowding under the Housing Act 1985 : paras 8 & 9; (3) the Housing Health and safety rating System , under Part 1 of the 2004 Act and 2005 regulations : paras 10-12; and (4) the Decent Homes Standard : para 13.
RIGHT TO BUY : STRUCTURAL DEFECTS
December 10th, 2025 by James Goudie KC in HousingIn Tower Hamlets LBC v Leaseholders (2025) EWCA CIv 1591 the Court of Appeal explains that the effect of provisions in the Right to Buy legislation is that a landlord can recover a contribution to the cost of making good a structural defect in a building only if the defect was notified to the tenant before the lease was granted or if the landlord did not become aware of the defect until 10 years after the grant of the lease : paras 43-46 inc & 64-66 inc.