HOMELESSNESS

July 20th, 2026 by James Goudie KC in Housing

R ( GRIFFITHS-FOWELL ) v BIRMINGHAM CITY COUNCIL ( 2026 ) EWCA 920 holds at para 109 that Section 193(6)(d) of the HOUSING ACT 1966 applies to a case where a person voluntarily ceases to occupy as his only or principal home accommodation which has been made available to him in accordance with Section 102, that is accommodation which is “ suitable “ for him. If the accommodation is UNSUITABLE then it has not been made available in accordance with Section 206 and the duty under Section 193 ( 2 ) is not discharged by virtue of Section 193 ( 6 ) ( d ).

 

PSED

July 20th, 2026 by James Goudie KC in Human Rights and Public Sector Equality Duty

The EHRC has on 16 July 2026 published GUIDANCE for Councillors in WALES on  EQUALITY IMPACT ASSESSMENTS.

 

 

ASSETS OF COMMUNITY VALUE

July 20th, 2026 by James Goudie KC in Land, Goods and Services

VALIANT PUB CO LTD v NEWCASTLE CITY COUNCIL (2026) UKFTT 683 (GRC) holds that, for the purpose of determining whether a building or land was an ACV, the term “ community “ in Section 88(1) of the LOCALISM ACT 2011 is not limited to the vicinity of thre premises, but extended to groups with a SUFFICIENTLY PROXIMATE CONNECTION with them.

 

SUBSIDY CONTROL

July 20th, 2026 by James Goudie KC in Capital Finance and Companies

THOMAS v DURHAM COUNTY COUNCIL (2026) CAT 47 holds that under Section 70(1) of the SUBSIDY CONTROL ACT 2022 an APPLICATION FOR REVIEW OF A SUBSIDY DECISION might be made only once the authority had taken a FORMAL FINAL DECISION to give a subsidy ( or to provide assistance which the applicant considered to be a subsidy, even if the authority disputed that characterisation). Section 70(1) did NOT grant the Tribunal jurisdiction to review any earlier decision in the decision-making process , such as a provisional or “ in principle “ decision.

 

LOCAL GOVERNMENT REORGANISATION

July 17th, 2026 by James Goudie KC in Local Authority Powers

A MHCLG Statement on 16 July 2026 sets out the Government’s DECISIONS on LGR, following consultation on the proposals taken to consultation in February 2026. The Statement details the UNITARY PROPOSALS TO BE IMPLEMENTED, subjrct to Parliamentary approval ( and Judicial Review challenges ).

 

 

LOCAL GOVERNMENT REORGANISATION

July 16th, 2026 by James Goudie KC in Local Authority Powers

Ministers have, on 16 July 2016, confirmed plans for UNITARY COUNCILS in further two-tier areas  : –

Gloucestershire, 7.> 1

Derbyshire, 10>2

Warwickshire. 6>2

Worcestershire, 6>2 Read more »

 

SELECTIVE LICENSING

July 16th, 2026 by James Goudie KC in Housing

R ( Howard de Walden Estates Ltd ) v Westminster City Council( 2026 ) EWHC 1731 ( Admin ) holds that designating an area for selective licensing under SECTION 80 of the HOUSING ACT 2004 by reference to ward boundaries was lawful. Every property in a designated area does not have to be inspected or benefit from improvement. It is sufficient that a significant number of properties be inspected and general housing conditions in the area as a whole be improved.

 

AUDIT

July 14th, 2026 by James Goudie KC in Non Judicial Control

The CODE OF AUDIT PRACTICE of the Auditor General of Wales has been updated, to reflect developments since 2020, including AI and strengthen requirements on proportionality, professional scepticism and audit independence.

 

BIODIVERSITY

July 14th, 2026 by James Goudie KC in Planning and Environmental

DEFRA has on Bastille Day 2026 published BIODIVERSITY GAINS REGULATIONS, S.I. 2026/790. Laid before Parliament on 13 July 2026, and coming into force on 6 August 2026, amending MANDATORY BIODIVERSITY NET GAIN REQUIREMENTS FOR PROJECTS REQUIRING PLANNING PERMISSION, including an EXEMPTION for smallest developments.

 

COMPANY DIRECTORS

July 14th, 2026 by James Goudie KC in Capital Finance and Companies

An individual Director does NOT have carte blanche to seek to implement a dissenting view by any means he thinks necessary, however covert or disloyal. So rules the Supreme Court in SAXON WOODS INVESTMENTS LTD v COSTA ( 2026 ) UKSC 21.