December 11th, 2018 by James Goudie QC in Housing

In Alibkhiet v Brent LBC and Adam v City of Westminster (2018) EWCA Civ 2742 Lewison LJ began his Judgment (with which Henderson and Asplin LJJ agreed) as follows:-

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December 11th, 2018 by James Goudie QC in Decision making and Contracts

In R (MP) v SoS for Health and Social Care (2018) EWHC 3392 (Admin) Lewis J said:-

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Traffic Regulation Order

December 11th, 2018 by James Goudie QC in Environment, Highways and Leisure

Trail Riders Fellowship v Hampshire County Council (2018) EWHC 3390 (Admin) was a statutory challenge to the decision of the Council to make a local traffic regulation order made under Section 1 of the Road Traffic Regulation Act 1984 (“the 1984 Act”). The Order prohibits the use of three linked rural “green lanes” in Hampshire by motor vehicles and motor cycles. Together these lanes form a through-route joining tarmacked public vehicular highways at their three termini. They are unclassified roads.

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Legitimate Expectation

December 7th, 2018 by James Goudie QC in Decision making and Contracts

In R (Jeffries) v SSHD, (2018) EWHC 3239 (Admin) a Divisional Court held that views given by the then Prime Minister in a private meeting with press misconduct victims, about the desirability of completing the anticipated second part of a Public Inquiry into press misconduct, could not give rise to a legitimate expectation that the second part would go ahead.  The meeting had been off the record by agreement, and the Prime Minister could not have thought, or objectively be expected to have thought, that his words could be relied on as creating a legitimate expectation. Read more »


Structural and Boundary Changes

December 7th, 2018 by James Goudie QC in Local Authority Powers

The Local Government (Structural and Boundary Changes) (Amendment) Regulations 2018, S.I. 2018/1296, will come into force on 2 January 2019. The Local Government and Public Involvement in Health Act 2007 Part 1 provides for structural and boundary changes in relation to local government areas in England.  These Regulations, made under Section 14 of the 2007 Act, make incidental, consequential, transitional and supplementary provision of general application in relation to the exercise of certain functions for the purposes of, and in consequence of, Orders made by the Secretary of State under Sections 7 and 10 of the 2007 Act.  Part 1 of these Regulations amends Regulations previously made under Section 14 of the 2007 Act.  Part 2 of the Regulations makes provision to specify the dates on which the collection funds and general funds of councils established under a Section 10 Order must be established in accordance with the provisions of the Local Government Finance Act 1988, and modifies relevant provisions of the Local Government Finance Act 1992 to allow those councils, in setting their council tax, to take account of precepts which may be issued by charter trustees which may be established under a Section 10 Order.


Meaning of “Highway”

December 7th, 2018 by James Goudie QC in Environment, Highways and Leisure

The successful appeal to the Supreme Court in Southwark LBC v Transport for London, in which Judgment was given on 5 December 2018, concerned the effect of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000 (SI 2000/1552) (“the Transfer Order”) and the GLA Roads Designation Order 2000 (SI 2000/1117) (“the Designation Order”). By combined operation of those Orders, responsibility for Greater London Authority (“GLA”) roads was transferred from individual London borough councils, including the Respondents (“the Councils”) as local highway authorities, to the Appellant (“TfL”). The provision at the heart of the appeal was Article 2(1)(a) of the Transfer Order, which provides for the transfer of “the highway, in so far as it is vested in the former highway authority”. Read more »


Local Government Reorganisation

November 30th, 2018 by James Goudie QC in Best Value

MHCLG has on 29 November 2018, pursuant to the Local Government and Public Involvement in Health Act 2007, launched an eight week Consultation, for response by 25 January 2019, on a proposal from seven of the eight Northamptonshire councils (the exception being Corby Borough Council) for local government reorganisation in Northamptonshire. An independent inspection report, by Max Caller CBE, had found that the County Council, in this currently two-tier local government area, has failed to meet its “Best Value” duty under the Local Government Act 1999. MrCaller recommended that new single tier, i.e. unitary, authorities should be created. The Government accepted the unitary recommendation, and rejected the option of a single unitary covering the whole of Northamptonshire. Read more »


Suspension of Employee

November 30th, 2018 by James Goudie QC in Local Authority Powers

In Ardron v Sussex Partnership NHS Foundation Trust (2018) EWHC 3157 (QB) the NHS Trust was proceeding with a disciplinary hearing, alleging gross misconduct, by way of gross negligence.  The Claimant sought an injunction to prevent the hearing.  Jacobs J dismissed the claim.  His holdings included (paragraphs 116-118) that the Trust had a prima facie case that the Claimant’s conduct amounted to a breach of its relationship of trust and confidence with her.  He held that the absence of a sustainable case on breach of trust and confidence was not demonstrated by the fact that the employee was not suspended and continued to work, when specific monitoring measures had been put in place, the allegations against her had not yet been proved, and the outcome of the disciplinary process was not being prejudged.


Pension Increases

November 30th, 2018 by James Goudie QC in Local Authority Powers

The Superannuation Act 1972 confers a general power to establish public sector pension schemes, and make their rules.  However, indexation increases are governed by the Social Security Pensions Act 1975: so held by a Divisional Court in R (BT) v HMT (2018) EWHC 3251 (Admin) at paragraph 156.


Restrictive Covenants

November 29th, 2018 by James Goudie QC in Land, Goods and Services

In Alexander Devine Children’s Cancer Trust v Millgate Developments Limited (2018) EWCA Civ 2679 the Court of Appeal considered the modification of restrictive covenants pursuant to Section 84 of the Law of Property Act 1925.  The covenants in question prevented residential development on an area of open land. The modification applied for would allow such development. The Upper Tribunal had a discretion whether to modify the restrictive covenants or not. The Tribunal will not generally be inclined to reward parties who deliberately flout their legal obligations by deliberately breaching a restrictive covenant. Read more »