The Supreme Court in PROVIDENT BUILDING SERVICES LTD v HEXAGON HOUSING ASSOCIATION LTD ( 2026 ) UKSC 1 has held that the contractor under a CONSTRUCTION CONTRACT which incorporates the JCT Design and Build Contract ( 2016 edition ) cannot terminate its employment under clause 8.9.4 when a right to give the termination notice referred to in clause 8.9.3 has never accrued. The established approach to CONTRACTUAL INTERPRETATION, based on the objective intentions of the contracting parties in the relevant context, applies to the interpretation of an industry wide standard form of contract.
ADVERTISEMENTS
January 19th, 2026 by James Goudie KC in Council Tax and RatesA qualifying right to use land for EXHIBITING ADVERTISEMENTS is an hereditament. The person entitled to such a right is LIABLE TO PAY RATES on that right as a SEPARATE HEREDITAMENT. So held in NETWORK RAIL INFRASTRUCTURE LTD v LIST ( Valuation Officer ).
COUNCIL TAX REDUCTION SCHEMES
January 16th, 2026 by James Goudie KC in Council Tax and RatesA MHCLG publication, on 16 January 2026, provides INFORMATION, for authorities, relevant to their schemes under the Council tax reduction schemes (Prescribed requirements) (England)(Amendment) Regulations 2026, S.I.2026/27, amending the 2012regulations, SI 2012/2885, as amended, pursuant to section 13A of and schedule 1A to the Local Government Finance Act 1992.
OFFENCES
January 15th, 2026 by James Goudie KC in HousingThe Ministry of Justice has on 15 February 2026 launched a CONSULTATION, to run until 9 April 2026, on SENTENCING GUIDELINES for housing-related offences, such as unlawful eviction and unlawful harassment and offences related to HMOs.
RIGHT OF WAY
January 14th, 2026 by James Goudie KC in Environment, Highways and LeisureThere is a rebuttable presumption that a right of way marked on a definitive map actually exists, as marked. However, Section 53(2) of the Wildlife and Countryside Act 1981 empowers the local authority to MODIFY THE MAP if it discovers admissible evidence that there has been an error in its preparation.
Inconsistency between map and statement and/or comparison of the documents with the situation on the ground at the relevant time are such evidence. Indeed extrinsic evidence for this purpose is confined to that.
LIABILITY
January 13th, 2026 by James Goudie KC in Council Tax and RatesA&P68 Ltd v CITY OF BRADFORD COUNCIL (2026) EWHC 27 (Admin) affirms that for the purpose of deciding who is liable for unpaid non-domestic rates there is a SINGLE. PURPOSIVE, TEST, for determining the person entitled to POSSESSION of the RELEVANT HEREDITAMENT and therefor the owner. The question is whether that person has a REAL AND PRACTICABLE ENTITLEMENT to possession.
FLOOD PROTECTION
January 7th, 2026 by James Goudie KC in Human Rights and Public Sector Equality DutyIn R ( WILLIAMS ) v NATURAL RESOURCES WALES and CONWY COUNTY BOROUGH COUNCIL ( 2026 ) EWHC 9 ( Admin ) the Claimants unsuccessfully challenged the decision of Natural Resources Wales ( NRW ) that it would no longer exercise its power, under Section165 of the water resources Act 1991, to carry out works and maintenance to a embankment. The 4 grounds of challenge included that the decision placed an unfair and disproportionate burden on adjacent landowners for maintenance of the embankment and its associated structures, and constitute “ control or interference “ with the landowners’ property rights under Article 1 of the First Protocol of the ECHR. This is discussed by Judge Keyser KC at paras 66-82. “ Possessions “ is construed broadly, but the matter complained of did not violate the claimants’ rights. They were not deprived of their land. NRW is neither purporting to exercise control over the claimants’ land nor controlling the use to be made of it. Their right to peaceful enjoyment of their possessions was not infringed. There was no public obligation to maintain flood defences. Article 1 was not engaged.
OCCUPIER LIABILITY
January 5th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationIn LILLYSTONE v BRADGATE EDUCATION PARTNERSHIP (2025) EWHC 3341 (KB) the Court reiterates that liability relates to dangers due to the state of the premises, rather than indulging in an activity that has inherent dangers and perfectly obvious risks.
COLLECTIVE PROCEEDINGS
January 5th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationIn EVANS v BARCLAYS BANK (2025) UKSC 48 the Supreme Court considers the procedure for collective proceedings ( a form of class action ) in cases where BREACH OF COMPETITION LAW is alleged, and which allows damages to be awarded for the AGGREGATE LOSS of the class as a whole, without the need to show what loss each individual member of the class has suffered.
RENT
January 5th, 2026 by James Goudie KC in HousingXiaohan Xu v USAF (2025) UKUT 422 (LC) concerns RENT REPAYMENT ORDERS in the cases of (1) houses in MULTIPLE OCCUPATION and (2) houses in areas of selective licensing designated by the local housing authority under the Housing Act 2004, which is not an award of compensation, but where the conduct of the landlord may be a relevant consideration.