Ramblers Association v Cumberland Council and others (2026) EWCA Civ 534 concerns the meaning of “ actually enjoyed by the public for a full period of 20 years” and therefore deemed to have been DEDICATED AS A PUBLIC HIGHWAY pursuant to section 31 (1) of the Highways Act 1081. The Court of Appeal reaffirms ( para 40 ) that an intermission in use and an interruption of use are two quite different concepts, and ( para 50 ) that an intermission of use is relevant to the overall question of fact, and it is important to survey the extent and nature of the use over the whole of the relevant 20 year period. The reason for any intermission of use is likely to br relevant information : para 54. At para 64 the Court approved a summary of the law in 8 crisp propositions.
JUDICIAL REVIEW
May 6th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationR ( GVH ) v Leicester Care Board & Leicester Council ( 2026 ) EWHC 1016 ( Admin ) holds that a COMPLAINTS PROCESS, governed by the Local Authority Social Services & NHS Services Complaints ( England ) Regulations 2009, may be an ALTERNATIVE REMEDY to Judicial Review, leading to a ( discretionary ) refusal of permission to apply for Judicial review. The PROCESS could offer a more effective redress than a quashing order.
PROCURED CONTRACTS
May 5th, 2026 by James Goudie KC in Decision making and ContractsIn PARKINGEYE LTD v VELINDRE UNIVERSITY NHS TRUST ( 2026 ) EWHC 1019 ( TCC ), concerned with applications by a contracting authority to lift an AUTOMATIC SUSPENSION, the Court rules that Section 102 of the PROCUREMENT ACT 2023 is “ substantively and not merely formally different, in both its method and its effect “ from the former test, in PCR 2015 Regulation 96(2). The public interest will “ generally” tend in favour of keeping the suspension in place.
APPARENT BIAS/PREDETERMINATION
May 5th, 2026 by James Goudie KC in Decision making and ContractsIn R ( University of Sussex ) v Office for Students (2026) EWHC 984 ( Admin ), the Dr Kathleen Scott case, Lieven J found that the OFS decision to sanction the University, for alleged breaches of its conditions of registration, was unlawful. This was on a number of judicial review grounds. They included apparent bias and/or predetermination. The broad conduct of the OFS demonstrated predetermination. There was compelling evidence that the OFS had approached its Investigation prompted by protests against Dr Stock with a CLOSED MIND. Senior Officials had set out to establish a breach. From the outset, the OFS adopted a strategy aimed at creatin a “ test case “ to send a strong single to the HE sector. This strategy depended on the University being found in breach, heavily fined, and publicly criticised.
GENERAL POWERS
May 1st, 2026 by James Goudie KC in GeneralPart 1 of the 172 Section CRIME & POLICING ACT 2026, with 18 Schedules, relates to ANTI-SOCIAL BEHAVIOUR, Part 4 to CHILD CRIMINAL EXPLOITATION and Part 9 to PUBLIC ORDER.
TOURISM
April 28th, 2026 by James Goudie KC in Environment, Highways and LeisureThe Senedd’s Development of Tourism and Regulation of Visitor Accommodation ( Wales) Bill has received Royal Assent. It (1) promotes the development of tourism, (2) regulates the provision of visitor accommodation , and (3) establishes a directory of visitor accommodation premises.