On deprivation of liberty and mental capacity, the Supreme Court has, in (2026) UKSC 16, overruled its majority decision in CHESHIRE WEST ( 2014) AC 896.
INJURIOUS AFFECTION
June 2nd, 2026 by James Goudie KC in Land, Goods and ServicesROYAL & SUN ALLIANCE INSURANCE LTD v HARROW LONDON BOROUGH COUNCIL (2026) UKUT 197 (LC) holds that the Lands Chamber of the Upper Tribunal has JURISDICTION to award costs in a TREE PRESERVATION ORDER compensation case under the TPO Regulations 2012. The damage to the claimant’s property caused by the Council’s refusal to permit the felling of 2 trees under a TPO meant that the proceedings constituted “ proceedings for injurious affection of land “ within the Lands Chamber Rules. The refusal of consent to fell the trees resulted in the damage to the property. The damage was the cracking and subsidence which resulted from the refusal to allow the felling of the trees.
PREMIUM FOR CONSENT
June 2nd, 2026 by James Goudie KC in Land, Goods and ServicesPALMER v PLYMOUTH CITY COUNCIL (2026) EWHC 1262 (Ch) holds that Section 144 of Law of Property Act 1925 ( Landlord’s ability to charge a premium for CONSENT TO ALIENATION) and Section 19 of Landlord and tenant Act 1927 (dealing with all aspects of alienation) are NOT inescapably inconsistent. BOTH apply to a covenant requiring a premium for consent to assignment.
DELEGATION OF PLANNING FUNCTIONS
June 1st, 2026 by James Goudie KC in Planning and EnvironmentalMHCLG has, on 1 June 2026, published GUIDANCE explaining how LPAs in England should implement the NATIONAL SCHEME of Delegation of Planning Functions, scheduled to come into force on 31 October 2026.
CONTEMPT OF COURT
June 1st, 2026 by James Goudie KC in Judicial Control, Liability and LitigationOn liability and sanctions for contempt of court by a public authority in failing to comply with a FTT Order to disclose information pursuant to FoIA 2000, see CLEASBY v ESSEX UNIVERSITY (2026) UKUT 187 (AAC).
SOCIAL HOUSING
June 1st, 2026 by James Goudie KC in HousingThe SOCIAL HOUSING BILL aims (1) to protect social housing stock, in particular by reforms to RIGHT TO BUY, and (2) to support social housing tenants who are VICTIMS OF DOMESTIC ABUSE.
ALLOCATION
June 1st, 2026 by James Goudie KC in HousingR ( Freedom from Torture) v SSHD (2026) EWHC 1278 ( Admin) holds that SSHD acted unlawfully by amending her allocation of ASYLUM ACCOMMODATION Policy without CONSULTING specialist Charities supporting SURVIVORS OF TORTURE & TRAFFICKING, contrary to established PRACTICE, and in breach of the PSED and the Tameside duty of inquiry.
REGISTRATION OF COMMON
May 27th, 2026 by James Goudie KC in Land, Goods and ServicesCommon land is defined by 2 mutually exclusive types of land : land subject to rights of common; and waste land of the manor, not subject to rights of common. R(COMBER) v HAMPSHIRE COUNTY COUNCIL (2026) EWHC 1244 (Admin) holds that there is NO JURISDICTION TO DETERMINE AN APPLICATION TO REGISTER LAND as “ wate land of a manor not subject to rights of common”, within Section 22(1)(b) of the COMMONS REGISTRATION ACT 1965 when the registration authority is not a “ pioneer authority operating the scheme in the 2006 Act.
RAMSAR
May 22nd, 2026 by James Goudie KC in Planning and EnvironmentalThe Planning & Infrastructure Act 2025 ( Commencement No.3 etc ) Regulations S.I.2026/549_ bring into force, on 21 May 2026, most of Part 1 of the Planning and Infrastructure Act 2025, including provisions to extend the protection of Part 6 of the Regulations to RAMSAR SITES in England, by introducing a statutory requirement as to how such sites are to be treated when carrying out assessments under the Regulations.
LEGISLATION
May 22nd, 2026 by James Goudie KC in HousingA SOCIAL HOUSING BILL was introduced on 14 May 2026. Part 1 relates to RIGHT TO BUY, and Part 2 to protection of tenants from domestic abuse.