In HOWE v BRENT LBC (2024) EWCA Civ 1444 the Court of Appeal rules that where a family member of a secure tenant met the requirements of Section 123(1) of Housing Act 1985 at the time when the secure tenant served a notice under Section 122(1) validly requiring that the family member share their RIGHT TO BUY, the family member was due to be a JOINT SECURE TENANT, even if the family member’s qualifying status was not established until after the secure tenant’s death.
SENEDD
November 26th, 2024 by James Goudie KC in Elections and BylawsThe consultation draft Senedd Cymru ( Representation of the People ) Order 2025, to come into force ahead of the planned 2026 Senedd Elections, outlines(1) the procedure for conducting Elections to the Senedd, (2) how the Election and its campaign should be managed, and (iii) the processes for legal challenges to an Election.
RATING MULTIPLIERS
November 26th, 2024 by James Goudie KC in Council Tax and RatesThe Non-Domestic Rating ( Multipliers etc ) Bill makes provision for, and in connection with, the introduction of (1) higher multi[pliers for large hereditaments, and (2) lower multipliers for (i) retail, (ii) hospitality, and (ii) leisure hereditaments , in England.
CONTRACTUAL CHANGES
November 22nd, 2024 by James Goudie KC in Decision making and ContractsIn R (Cobalt Data Centre) v HMRC (2024) UKSC 40, concerned with a building contract relating to an Enterprise Zone, the Supreme Court considers, at paras 125-156 inc, how to determine whether a contractual change takes effect as a variation to, or replacement of, an existing contract. That is held to turn generally on the parties’ objectively ascertained intention.
RECTIFICATION OF CONTRACTS
November 14th, 2024 by James Goudie KC in Decision making and ContractsIn NATIONAL UNION OF RAIL MARITIME AND TRANSPORT WORKERS v TYNE AND WEAR PASSENGER TRANSPORT EXECUTIVE (2024) UKSC 37 the Supreme Court considers the nature of rectification. The basic role of rectification is not to correct mistakes in transactions. It is to correct mistakes in recording transactions. It is not confined to documents of particular types. It may be refused if granting it would unfairly prejudice third party rights.
VACANT PREMISES
November 12th, 2024 by James Goudie KC in Land, Goods and ServicesThe Levelling-up and Regeneration Act 2023 ( Commencement No.6 ) Regulations 2024, SI. 2024/1138) bring into force on 2 December 2024 provisions in the Act which provide for local authorities to conduct rental auctions of vacant high street and town centre premises, set out the key terms used, and deal with procedures and powers.
APPEALS
November 7th, 2024 by James Goudie KC in Planning and EnvironmentalIn KEEP CHISWELL GREEN v SoS () 2024 ) EWHC 2723 ( Admin ) the Claimant on a planning appeal was not allowed. To adsvance submissions based on new material. It is incumbent on parties, including unrepresented parties, to place before the planning decision-maker the material upon which they rely.
JUDICIAL REVIEW OF PRIMARY LEGISLATION
November 5th, 2024 by James Goudie KC in Judicial Control, Liability and LitigationIn ABACUS v SoS (2024) EWHC 2753 (Admin) Chamberlain J refused to stay judicial review proceedings challenging provisions of primary legislation. The legislation itself had completed its Parliamentary process and received Royal Assent. However, it had not yet been commenced. In the particular circumstances, the balance of convenience test applied and favoured allowing the claims to proceed, at least until the stage of determining whether permission to apply for Judicial Review should or should not be granted.
NEW TOWNS
November 4th, 2024 by James Goudie KC in Planning and EnvironmentalThe role of the New Towns Taskforce is to advise Ministers on appropriate locations for significant communities. These will include large scale urban extension and regeneration schemes. Locations are to be recommended to Ministers by July 2025. The Taskforce has made a call for evidence by 13 December 2024.