In 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.
ENVIRONMENTAL PROTECTION
December 2nd, 2025 by James Goudie KC in Environment, Highways and LeisureDEFRA has, on 1 December 2025, published a 123 pages ENVIRONMENTAL IMPROVEMENT PLAN, pursuant to Section 10(6) of the post Brexit Environment Act 2021, seetting out (1) 10 long term GOALS, and how they can be delivered, and (2) 91 COMMITMENTS.
Habitats
December 1st, 2025 by James Goudie KC in Planning and EnvironmentalIn OCEANA UK v SoS for Energy and Net Zero (2025) EWHC 3146 ( Admin ) Mould J at paras 41-61 inc reiterates the principles that apply to the interpretation and application of the Habitats Directive, relating to the appropriate assessment of implications for the integrity of a site from a plan or project in view of the site’s conservation objectives. At paras 131 & 142 the Judge explains the precautionary approach. At paras 166 & 179-183 inc he addresses the issue of climate change.
WINDING UP
November 28th, 2025 by James Goudie KC in Capital Finance and CompaniesGeneral principles about winding up a company on the JUST AND EQUITABLE ground are set out in ACQUAPOINT LLP v FAN (2025) UKPC 56 at paras 50-57 inc.
At paras 73/74, the Privy Council says that, in a corporate context, EQUITABLE CONSIDERATIONS AS REGARDS THE EXERCISE OF LEGAL RIGHTS will NOT generally apply : particular contractual arrangements may well be inconsistent with the possibility of equitable considerations arising at all or continuing in place.
HOUSE IN MULTIPLE OCCUPATION (HMO)
November 27th, 2025 by James Goudie KC in HousingOXFORD HOTEL INVESTMENTS LTD v Great Yarmouth BC (2025) UKUT 387 (LC) at paras 18-28 holds that a microwave oven does NOT amount to “ cooking facilities”, for the purposes of the definition of an HMO in Section 254(A) of the Housing Act 1996, with the result that not all 3 of the “ basic amenities” (toilet, personal washing facilities and cooking facilities) are not present and there is not a “self-contained flat” but rather a part of an HMO.
ECHR ARTICLE 8
November 26th, 2025 by James Goudie KC in Human Rights and Public Sector Equality DutyThe 179 para Judgment in IA and Others v SSHD EWCA Civ 1516 concerns, amongst other matters, (1) the meaning of ECHR Article 8, in the contexts of family life between adult siblings and (2) the rights of persons outside the jurisdiction ( Gaza ) and (2 ) the weighing of the proportionality balance. The Court of Appeal says, at paras 60, 68 and 77, that “ family life “, within the autonomous meaning of article 8(1), is to be found, between adult siblings, only where “ additional elements of dependence involving more than the normal emotional ties “ are to be found. The Court, at para 100, says that, whilst persons seeking to enter an ECHR State from outside the jurisdiction of the ECHR will not have their own rights under Article 8, if they have pre-existing family life with a person within the territory of the ECHR, Article 8 may impose a positive obligation on a State to admit those people, if they have family life with a person within the jurisdiction. The concept of family life does not however mean that the State is under a positive obligationto admit every member of the wider family of the persons within the territory of the UK.