A Treasury Policy Paper, published on 20 May 2026, proposes further reforms to JUDICIAL REVIEW of the above. It sets out operational mechanisms, including a House of Commons Development Consent Order.
NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS
May 21st, 2026 by James Goudie KC in Planning and Environmental
SOCIAL HOUSING : PERSONAL PLAN
May 21st, 2026 by James Goudie KC in HousingA LHA’s Personal Plan under Part 7 of HA 1996 for a HOMELESS applicant should NOT contain steps relating to the ALLOCATION of social housing under Part 7 of the Act. So held in R (AA) v WALTHAM FOREST LBC (2026) EWCA Civ 626.
HOUSING BENEFIT
May 21st, 2026 by James Goudie KC in HousingCLO v BOLSOVER DC ( 2026 ) UKUT 166 (AAC) holds that when considering whether a payment falls within Regulation 12(1) of the Housing Benefit regulations 2006 there is NO MATERIAL DISTINCTION between payments made between TENANTS IN COMMON and payments between joint tenants.
SOCIAL HOUSING : PERSONAL PLAN
May 21st, 2026 by James Goudie KC in HousingA LHA’s Personal Plan under Part 7 of HA 1996 for a HOMELESS applicant should NOT contain steps relating to the ALLOCATION of social housing under Part 7 of the Act.
JUDICIAL REVIEW
May 21st, 2026 by James Goudie KC in Judicial Control, Liability and LitigationThe public law principles of LEGALITY and PROPORTIONALITY do NOT provide an independent free-standing ground for challenging SUBORDINATE LEGISLATION. They are a rule of construction, pursuant to which AMBIGUOUS statutory language can be construed in amanner that preserves FUNDAMENTAL RIGHTS, including human rights. So held by Saini J in ISMAILOV v SoS (2026) EWHC 1188 (Admin).
WALES
May 18th, 2026 by James Goudie KC in Planning and EnvironmentalThe Planning * Wales ) Act 2026 has been enacted. It is in 15 parts, It forms part of a Code of Welsh law relating to planning. It consolidates enactments.
BUILDING SAFETY
May 18th, 2026 by James Goudie KC in HousingThe Building Safety ( Wales ) Act 2026 has been enacted. Part 1 relates to safety of buildings containing 2 or more residential units, Part 2 to fire safety in certain houses in multiple occupation, Part 3 to enforcement and investigatory powers, and Part 4 to remediation of certain defects.
KING’S SPEECH
May 15th, 2026 by James Goudie KC in GeneralThe King’s Speech at the State Opening of Parliament on 13 May 2026 contains Bills for the new Parliamentary Session that can be grouped under 5 headings : Strengthening Economic Security, Ending the Opportunity Crisis, Strengthening Public Services and Reforming the State, Energy Security, and National Security.
ECONOMIC SECURITY : Bills include on nationalisation of the steel industry, northern powerhouse rail, small business protections, clean water, competition reform, regulation and regulators, financial services, highways financing for large scale road infrastructure, and an overnight visitor levy.
OPPORTUNITY : Bills include SOCIAL HOUSING RENEWAL, to increase long-term investment in social housing and protect social housing stock, reforming the leasehold system, raising school standards and reforming SEN, electoral reform, remediation of unsafe cladding, banning ticket touts, and supporting sporting events.
PUBLIC SERVICES : Bills include Police Reform, NHS modernisation, railways, digital access to services, Courts modernisation, taxis and private hire vehicles, civil aviation, and (carried over ) a DUTY OF CANDOUR FOR PUBLIC SERVANTS, the so-called Hillsborough Law, with reform of the offence of MISCONDUCT IN PUBLIC OFFICE.
ENERGY SECURITY : Bills include an Energy Independence Bill , to scale-up HOMEGROWN RENEWABLE ENERGY, nuclear energy generation, and electricity generator levy.
NATIONAL SECURITY : Bills include tackling State threats, improving the Armed Forces service justice system, a new National Security Bill, and cyber security and resilience. Also included under this heading is an IMMIGRATION AND ASYLUM Bill. This includes a new IMMIGRATION APPEALS BODY and LIMITING THE DEFINITION OF “ FAMILY LIFE” under ECHR Article 8.
POWERS
May 14th, 2026 by James Goudie KC in GeneralPart 1 ( Sections 1-20) of the ENGLISH DEVOLUTION AND COMMUNITY EMPWERMENT ACT 2026 relates to STRATEGIC AUTHORITIES and their areas of competence, including combined authorities and combined county authorities. the GLC and Mayors. Part 2 ( Sections 21-58) relates to functions, including transport and local infrastructure, skills and employment support, housing and strategic planning, economic development and regeneration, health and well-being, public safety and culture, of Strategic Authorities and Mayors, including Mayoral power of gegeneral and other competence. Part 3 ( Sections59-88) contains other measures about local authorities and Police & Crime Commissioners, including reorganisation into SINGLE TIERS OF LOCAL GOVERNMENT, governance, elections councillors, grants, ASSETS OF COMMUNITY VALUE, parking on footways and verges, and LICENSING of taxis and private hire vehicles and of gambling premises. Part 4 (sections 89-99) relates to LOCAL AUDIT, and Part 5 (Section 100) to tenancies.
FREEDOM OF EXPRESSION
May 12th, 2026 by James Goudie KC in Human Rights and Public Sector Equality DutySection 12 of the HUMAN RIGHTS ACT 1998 applies when a Court is considering whether to grant any relief which, if granted, might affect the exercise of the ECHR right to freedom of expression. Section 12(3) provides that no such relief is to be granted so as to restrain publication before trial UNLESS the Court is satisfied that the application IS LIKELY TO ESTABLISH THAT PUBLICATION SHOULD NOT BE ALLOWED. The standard required by Section 12(3) has been considered by the Court of Appeal in the trade mark case of BARGAIN BUSTING LTD v SHENZHEN SKE TECHNOLOGY CO LTD, between rival suppliers of economic cigarettes and threats of trade mark infringement proceedings. The case concerns the applicable threshold under Section 12(3). It is that the applicant has to be MORE LIKELY THAN NOT TO SUCCEED AT TRIAL. The whole point of Section 12(3) is to require the Court to apply a MERITS THRESHOLD before granting INTERIM RELIEF that affects freedom of expression. It necessarily follows that the Court hearing such an application has to take a view as to which party is more likely to prevail at trial, based on the available evidence and arguments. It does not mean that the Court should not exercise CASE MANAGEMENT DISCIPLINE to ensure that the time and expense devoted to such applications are appropriate. There is nothing about an interim injunction to restrain allegedly unjustified threats that would prevent the application of that approach.