DATA PROTECTION AND PRIVACY

February 10th, 2026 by James Goudie KC in General

With effect from 5 February 2026, most of the DATA ( USE and ACCESS ) ACT 2025, has become applicable, including in relation to (i) automated decision-making and AI, (ii) protection of children’s data, (iii) calculation of timeframes for and complaints about Data Subject Access Requests, (iv) new duties and powers for the ICO, and (v) a new “recognized legitimate interests” lawful basis for certain processing related to such matters as serious civil emergencies, detecting investigating or preventing crime, and safeguarding vulnerable individuals.

 

 

 

REMEDIES

February 10th, 2026 by James Goudie KC in Judicial Control, Liability and Litigation

The 7th edition of JUDICIAL REMEDIES IN PUBLIC LAW by Lord Justice Lewis has been published.

 

STRUCTURAL CHANGES

February 10th, 2026 by James Goudie KC in General

The Surrey ( Structural Changes ) Order 2026, has been laid, pursuant to the Local Government etc Act 2007. It provides for a SINGLE TIER OF LOCAL GOVERNMENT in Surrey. The Order ABOLISHES the County of Surrey as a local government area. It winds up and dissolves the County Council and district councils. It CREATES two new non-metropolitan district councils, East Surrey ( Articles 4 and 7-10 and Schedule 1) and West Surrey ( Articles 4 and 7-10 and Schedule 2 ), with transitional provisions ( Articles 10-16 ) and SHADOW AUTHORITIES until 1 April 2027 ( Articles 17-41 )and provision for ELECTORAL matters ( Articles 42-49. )

 

CLEAN ENERGY

February 10th, 2026 by James Goudie KC in Environment, Highways and Leisure

An official publication addresses PLANS for growing local and community-owned CLEAN ENERGY PROJECTS.

 

LOCAL GOVERNMENT FINANCE SETTLEMENT 2026-2027

February 10th, 2026 by James Goudie KC in Council Tax and Rates

The Government has set out their FINAL PRIOPOSALS, including distribution of the total FAIR FUNDING ALLOCATION, allocation between Mayoral Strategic Authorities and local authorities, the MULTI-YEAR SETTLEMENT, and “resetting” the BUSINESS RATES RETENTION SCHEME.

 

VOTING

February 10th, 2026 by James Goudie KC in Elections and Bylaws

A House of Commons Research Briefing discusses FLEXIBLE VOTING PILOTS for English LOCAL ELECTIONS in May 2026 and 2027.

 

FIRST TIER TRIBUNAL

February 9th, 2026 by James Goudie KC in Judicial Control, Liability and Litigation

In FALLAH v INFORMATION COMMISSIONER (2026) UKFTT 190 (GRC) the FTT discusses the scope of its power under Section 166(2) of the DATA PROTECTION ACT 2018. The FTT emphasizes that this power is narrow, and expressly limited to the supervision of PROCEDURAL matters.

It does NOT provide power to consider or review the SUBSTANCE of any decision made by the INFORMATION COMMISSIONER. The forum for challenging whether the steps taken to investigate the complaint were appropriate or whether relevant evidence was considered is JUDICIAL REVIEW in the High Court.

 

 

JUDICIAL REVIEW

February 6th, 2026 by James Goudie KC in Judicial Control, Liability and Litigation

R  ( CHO ) v GOVERNORS OF LONSDALE SCHOOL ( 2026 ) EWHC 166 ( Admin ) reiterates, at paras 93-96 that “The mere fact that a judicial review concerns past conduct does not automatically mean that the claim has become academic.”

 

JUDICIAL REVIEW

February 4th, 2026 by James Goudie KC in Judicial Control, Liability and Litigation

In R ( LUTON LANDLORDS AND LETTING AGENTS ) v LUTON BOROUGH COUNCIL ( 2026 ) EWCA Civ 35 the Court of Appeal, at para 58, reiterates that the DUTY ON A CLAIMANT to DISCLOSE MATERIAL FACTS requires  that the Claimant provides a “ candid, accurate and sufficiently detailed description of facts material to the claim for judicial review.”

 

ENVIRONMENTAL INFORMATION

January 30th, 2026 by James Goudie KC in Environment, Highways and Leisure

On whether a body is a PUBLIC AUTHORITY to which the ENVIRONMENTAL INFORMATION REGULATIONS are applicable, SA CERTIFICATION LTD v INFORMATION COMMISSIONER ( 2026 ) UKFTT 104 ( GRC ) reiterates that the critical question is whether the powers vested in the body are beyond those which result from the normal rules applicable in relation to persons governed by private law, and give the body an ability that confers on it a practical advantage relative to the rules of private law.

 

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