ECHR

March 23rd, 2026 by James Goudie KC in Human Rights and Public Sector Equality Duty

Re T ( INHERENT JURISDICTION : DEPRIVATION OF LIBERTY ) ( 2026 ) EWCA Civ 307 addresses deprivation of liberty for the purposes of ECHR Article 5, the statutory regime under Children Act 1989 for secure accommodation, and the meaning of “ harm “.

 

DIRECTORS

March 23rd, 2026 by James Goudie KC in Capital Finance and Companies

 

Proof that a director’s CONDUCT was, in some non-trivial degree, responsible for the causes of a company becoming insolvent, is NOT a jurisdictional pre-condition to the making of a DISQUALIFICATION ORDER under Section 6 of the Directors Disqualification Act 1986. So held in SoS for Business & Trade v Greensill (2026) EWHC 639 (Ch).

 

 

LOCAL AUTHORITY CHILDREN:S SERVICES

March 23rd, 2026 by James Goudie KC in Social Care

OFSTED has updated GUIDANCE in relation to INSPECTIONS of local authority children’s services, taking effect in April 2026.

 

NPPF

March 23rd, 2026 by James Goudie KC in Planning and Environmental

The Law Society on 20 March 2026 has responded to the MHCLG Consultation on a revised version of the NPPF.

 

INTENTIONAL HOMELESSNESS

March 23rd, 2026 by James Goudie KC in Housing

 

MUNEMO v CITY OF WOLVERHAMPTON COUNCIL ( 2026 ) EWCA Civ 329 raises important issues about both the interpretation and the application of Section 191 of the HOUSING ACT 1996 on becoming homeless intentionally. The Court of Apeal observes that Section 191 is short and clearly structured, but has been the subject of extensive analysis in the authorities, “ not all of which point in the same direction “, and which the Court of Appeal reviews. The Court refers to “ a welltrodden series of 6 questions “, and answers them from para 22, with respect to the time at which an applicant’s deliberate act or omission must have taken place.

 

PROTECTION OF LIVESTOCK

March 18th, 2026 by James Goudie KC in Environment, Highways and Leisure

The Dogs ( Protection of Lifestock ) ( Amendment ) Act 2025 has come into force on 18 March 2026. It provides FARM ANIMALS in England and Waleswith stronger protection from dog attacks, including on roads and paths.

 

BURIALS & CREMATIONS

March 18th, 2026 by James Goudie KC in Land, Goods and Services

A LAW COMMISSION REPORT, published on 18 March 2026, sets out the findings of its Review of Burial and Cremation Law. It highlights issues as to the fragmented and outdated legal framework.

 

RESERVED MATTERS

March 18th, 2026 by James Goudie KC in Planning and Environmental

The Court of Appeal in R ( Wildfish ) v Buckinghamshire COUNCIL ( 2026 ) EWCA Civ 283 holds that the LPA had not erred in granting an application for RESERVED MATTERS APPROVAL, concerning an outline planning permission for a residential development, by referencing a related permission, concerning a drainage scheme, not a reserved matter, granted to the developer under Section 73 of TCPA 1990.

 

CHANGE OF USE

March 13th, 2026 by James Goudie KC in Planning and Environmental

In EPPING FOREST DC v SOMANI HOTELS LTD (2026) EWCA 264, dismissing an appeal from Mould J (2025) EWHC 2937 (KB), the Court of Appeal, at para 53, reiterates that the distinction between a hotel or a hostel use is a fine one, and depends upon the circumstances of each case, including (1) the character of (a) the building and (b) the surrounding area, (2) (a) the operation and (b) its effects, and (3) relevant local policy considerations, and that the determination of such issues will depend upon the evidence and argumentsin each case.

 

CAMPAIGN EXPENDITURE

March 13th, 2026 by James Goudie KC in Elections and Bylaws

The Representation of the People Act 1983 ( Security Expenses Exclusion )( Amendment ) ( Wales ) Order 2026, S>I> 2026/852 means that candidates in WELSH LOCAL GOVERNMENT ELECTIONS will no longer have to account for reasonable expenses incurred for the protection of persons or property as part of their CAMPAIGN SPENDING.