DPP v COSKUN ( 2026 ) EWHC 427 ( Admin ) holds that whether conduct (1) amounted to DISORDERLY BEHAVIOUR and (2) was “ likely” to cause a person HARASSMENT. ALARM or DISTRESS are SEPARATE AND DISTINCT QUESTIONS. Each is a question of fact, to be judged objectively. Moreover, a conviction may represent a necessary and proportionate interference with ECHR Article 10 freedom of expression rights, which extend beyond written or spoken words to “expressive acts”.
PUBLIC ORDER ACT SECTION 5
March 3rd, 2026 by James Goudie KC in Judicial Control, Liability and Litigation
DATA PROTECTION
March 3rd, 2026 by James Goudie KC in Judicial Control, Liability and LitigationThe SECURITY DUTY in the 7th Data Protection Principle in DPA 1998 requires a DATA CONTROLLER to GUARD AGAINST THE RISK that data which relates to individuals who could be identified by the data controller would be subject to unauthorised/unlawful processing by a third party who could not identify those individuals. So held in INFORMATION COMMISSSIONER v DSG RETAIL LTD ( “)”^ ) EWCA Civ 140.
PUBLIC CONTRACTS
March 2nd, 2026 by James Goudie KC in Decision making and ContractsSection 70 of the Procurement Act 2023, in relation to information about payments under public contracts is brought into effect on 1 April 2026 in accordance with Commencement No 4 Regulations. Reporting is due every 6 months.
ENVIRONMENTAL PERMITS
February 23rd, 2026 by James Goudie KC in Planning and EnvironmentalFrom 28 February 2026, operators applying for an environmental permit will need to include, for certain new or substantially refurbished electricity generating combustion power plants, a DECARBONISATION READINESS ( DR ) REPORT, in relation to CARBON CAPTURE READINESS, pursuant to the Environmental Permitting ( Electricity Generating Stations ) ( England and Wales ) Regulations 2016, as expanded in 2025.
PUBLIC LAW DUTIES
February 20th, 2026 by James Goudie KC in Decision making and ContractsR ( INTELLIGENT LAND INVESTMENTS GROUP PLC ) v GAS AND ELECTRICITY MARKETS AUTHIRITY ( 2026 ) EWHC 336 ( Admin ) addresses public law duties of PROCEDURAL FAIRNESS, at paras 43-46 & 51/52, and REASONABLE ENQUIRY ( Tameside ), at paras 47/48, in the context of a COMPETITIVE PROCESS for an AWARD by a public authority.
HIGHWAYS
February 18th, 2026 by James Goudie KC in Environment, Highways and LeisureBy Section 41 of the HIGHWAYS ACT 1980, a highway authority is generally under a duty to maintain a highway maintainable at public expense. Section 58 however provides a special defence in an action against a highway authority for damages for non-repair of a public highway that the authority had taken such care “ in all the circumstances “ as was “ reasonably required “ to “ secure “ that the part of the highway to which the action relates was “ not dangerous for traffic “. In SAMMUT v KENT COUNTY COUNCIL (2026 ) 2 WLUK 254 Coppel J holds that the authority’s RESOURCES are an IRRELEVANT MATTER.
SUBSIDY CONTROL
February 17th, 2026 by James Goudie KC in Capital Finance and CompaniesStreamlined routes may be made under Section 10 of the Subsidy Control Act 2022. They enable public authorities to award subsidies without the requirements to assess them against the Subsidy Control Principles and notify the Subsidy Advice Unit. There are currently streamlined routes for Research, Development and Innovation, Energy Usage, and Local Growth. The Department for Business and Trade has now published GUIDANCE on two new streamlined routes ARTS and CULTURE, and COMMUNITY and REGENERATION.
MAY 2026 ELECTIONS
February 16th, 2026 by James Goudie KC in Elections and BylawsThese Council Elections will now go ahead, the Government has announced.
TIMING OF ELECTIONS
February 16th, 2026 by James Goudie KC in Elections and BylawsThe business of the House of Commons on Monday 23 February 2026 will include a Debate on the Local Authorities ( Changes to Years of Ordinary Elections ( England ) Order 2026 ( and an associated regret motion).