ENFORCEMENT NOTICE

October 6th, 2025 by James Goudie KC in Planning and Environmental

DHARMESHKUMAR v SoS & BRENT COUNCIL ( 2025) EWHC ( Admin ) is an appeal to a Planning Inspector against an Enforcement Notice served by the Council. It addresses questions about what works constitute development within Section 55 of TCPA 1990 and the interpretation of a planning decision by reference to extraneous material.

 

DECLARATION OF TRUST

October 1st, 2025 by James Goudie KC in Land, Goods and Services

NATIONAL IRANIAN OIL CO v CRESCENT GAS CORPORATION LTD ( 2025 ) EWCA Civ 1211 concerns, over 288 pages, the interpretation and effect of Section 53 (1) (b) of the LAW OF PROPERTY ACT 1925. That provides that a DECLARATION OF TRUST respecting ANY LAND OR INTEREST THEREIN MUST be manifested and proved by some writing signed by some person who is able to declare such trust. The principal questions of interpretation were (1) whether the document evidencing the Declaration of Trust can be signed by an AGENT of the person whose interest in land is subject to the Declaration of Trust and (2) if the answer to that question is, in respect of a natural person, “ No “, how the Section can be complied with by a COMPANY. The appeal also raised consequential questions as to the CONSEQUENCES OF NON-COMPLIANCE.

 

REMEDIABILITY OF BREACH OF CONTRACT

September 30th, 2025 by James Goudie KC in Decision making and Contracts

In KULKARNI v GWENT HOLDINGS ( 2025 ) EWCA Civ 1206 the Court of Appeal reaffirms that , when determining whether a breach of contract is “ capable of remedy “, within the meaning of a contractual provision or a comparable statutory one, a practical rather than a technical approach is to be adopted, in which common law rules concerning repudiation have no place. Remediability means putting matters right for the future. The existence of enduring prejudice could be important, but the motive for or wilfulness of a breach would not usually matter.

 

ENVIRONMENTAL INFORMATION

September 30th, 2025 by James Goudie KC in Planning and Environmental

In REED V ICO ( 2025 ) UKFTT 01131 ( GRC ) on Regulation 5 of the Environmental Information Regulations, the duty to make available environmental information on request, it is held, at para 39, that the relevant time is the time at which the request is made.

 

MATERIALLY MISLEADING REPORT

September 26th, 2025 by James Goudie KC in Planning and Environmental

R ( Williams ) v CYNGOR GWENT ( 2025 ) EWHC 2395 ( Admin ) concerns whether a planning decision had been made on a mistaken basis and whether the Officers Report and the accompanying documents were materially misleading. This was addressed at paras 35-45 inc. At paras 37 & 38 the Judge said that when considering that question “ account is to be taken of the readership “. Those to whom a Report is addressed are not planning lawyers nor planning consultants. The adequacy of the explanations contained in a Report are to be considered against the background of the local and other knowledge that readers will have.

 

MISSED COUNCIL TAX PAYMENTS

September 26th, 2025 by James Goudie KC in Council Tax and Rates

The Welsh Government has confirmed new rules, to be in force from April 2026, for council tax collection and enforcement action.

 

DECISION MAKER

September 24th, 2025 by James Goudie KC in Decision making and Contracts

The mere fact that a decision-maker ( Full Council ) was provided with the material necessary to make a decision ( to adopt a council tax reduction scheme for working aged people ) and might have made the same decision in any event , could not save the decision from a finding of unlawfulness if it was in fact taken by someone else ( the Executive ). So held in R ( LL ) v TRAFFORD MBC ( 2025 ) EWHC 2380 ( Admin ).

 

INJUNCTION AGAINST PERSONS UNKNOWN

September 23rd, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

In NORTH WARWICKSHIRE v DEFENDANTS LISTED AT SCHEDULE A to JUDGMENT ( 2025 ) EWHC 2403 ( KB) the Court emphasises the importance of a REVIEW HEARING, particularly in cases involving PERSONS  UNKNOWN. At para 13, the Judge says that a review hearing is NOT an opportunity to review the merits of the original hearing afresh. The proper focus of the review is to consider whether anything material has changed since the injunction and power of arrest were granted.

 

ASSESSMENT

September 22nd, 2025 by James Goudie KC in Housing

Where there have been deficiencies in a housing assessment under Section 189A of the Housing Act 1996, and the authority’s subsequent review under Section 202 has cured those deficiencies, the review decision cannot be set aside on the basis of those original deficiencies. So reaffirmed in FATOLAHZADEH v BARNET LBC ( 2025 ) EWCA Civ 1174.

 

HOUSING BENEFIT

September 17th, 2025 by James Goudie KC in Housing

Entitlement to housing benefit without having to make a fresh claim in changed circumstances is the subject matter of SoS FOR WORK AND PENSIONS v SC/MJ v BROMLEY LBC (2025) UKUT 299 (AAC).  One of the entitlement conditions was presence in Great Britain.  They were temporarily out of Great Britain, during which time the authorities ruled that the original benefit award was superseded (the supersession decision), which had the effect that their continuing benefit entitlement came to an end and required them to make a new claim on their return.  The issue was whether there should have been a closed period supersession decision, applying only whilst they were outside Great Britain.  The answer was: No.