SoS for HOUSING etc v URBAN SPLASH LTD ( 2026 ) UKFTT 1426 ( PC ) is concerned with whether a defect was a “ relevant defect “ under the BUILDING SAFETY ACT 2022 Section 120. A building safety “ risk “ refers to any risk of no particular level “ Control” of a BODY CORPORATE for the purposes of Section 121 ( 8 ) could in principle be exercised through the power of common individuals. The concept of control is concerned with PRACTICAL COMMAND, rather that influence and with the ABILITY TO DETERMINE ITEMS, rather than merely contribute to them.
ENVIRONMENTAL INFORMATION REGULATIONS
November 11th, 2026 by James Goudie KC in Planning and EnvironmentalThe exceptions in Regulation 12 ( 4 ) ( d ) & ( e ) of the EIR were held not to be engaged in DEPARTMENT for ENERGY SECURITY and NET ZERO v INFORMATION COMMISSIONER ( 2026 ) UKUT 405 ( AAC ).
LGB
November 9th, 2026 by James Goudie KC in GeneralMHCLG has confirmed replacement of two-tier councils with unitary local authorities in 5 areas, and that other areas remain under review.
The r areas are ( 1 ) East Sussex, Brighton & Hove, ( 2 ) Gloucestershire, ( 3 ) Oxfordshire, ( 4 ) Warwickshire, and ( 5 ) Worcestershire.
SUBSIDY CONTROL
November 9th, 2026 by James Goudie KC in Capital Finance and CompaniesOn 30 October 2026 the Supreme Court gave permission to appeal in WEISS v GREATER MANCHESTER COMBINED AUTHORITY, concerned with £120 million of loans by the authority to a property developer. The grounds on which permission has been granted are (1) whether the Competition Tribunal ( CAT ) is required to decide for itself, as an objective question, WHETHER THE FINANCIAL ASSISTANCE IS A SUBSIDY, and (2) whether the CAT has jurisdiction to consider FREE-STANDING PUBLIC LAW GROUNDS OF CHALLENGE.
VISITOR LEVY
November 5th, 2026 by James Goudie KC in PowersMHCLG has on 4 November 2026 announced that a Visitor Levy ( England ) Bill has been introduced, to authorise percentage based levies on OVERNIGHT ACCOMMODATION STAYS, with PROCEEDS RETAINED LOCALLY.
SMEs
November 3rd, 2026 by James Goudie KC in Decision making and ContractsA joint Cabinet Office and HM Treasury publication on 2 November 2026 sets out an Action Plan to improve SME ACCESS TO PUBLIC CONTRACTS under the Procurement Act 2023 until March 2028.
HIGH VALUE SURCHARGE
November 2nd, 2026 by James Goudie KC in Council Tax and RatesA House of Commons Research Briefing has been published, on 30 October 2026, on the SURCHARGE, that will apply ( at flat rates ) , from April 2028, to residential properties valued at £2 million or more ( at 2026 prices ).
ARBITRATION CLAUSE
October 29th, 2026 by James Goudie KC in Decision making and ContractsThe underlying question in the appeal to the Supreme Court in KINGDOM OF SPAIN v LONDON STEAMSHIP OWNERS MUTUAL INSURANCE ASSOCIATION ( 2026 ) UKSC 36, a case arising from an environmental disaster, was how the PRINCIPLE THAT A THIRD PARTY CANNOT TAKE THE BENEFIT OF A CONTRACT WITHOUT ACCEPTING ITS BURDEN ( the conditional benefit principle ) applies to a contract containing an arbitration clause. The Court rules that a third party entitled to enforce a contract containing an arbitration clause who chooses to take that benefit by asserting a claim under the contract thereby becomes bound by the arbitration clause in the same way as a party to the contract.
DISCHARGE OF PLANNING FUNCTIONS
October 28th, 2026 by James Goudie KC in Planning and EnvironmentalThe Town and Country Planning ( Discharge of LPA Functions ) ( England ) Regulations 2026, S.I. 2026/854, come into force on 31 October 2026. They require LPAs to make arrangements for PLANNING APPLICATIONS specified in the Schedules to the Regulations to be discharged by Committees ( including Sub-Committees ) or by Officers, and to change their current arrangements if they do not accord with the Regulations.