In ZHB v CARDIFF COUNCIL (2026) EWHC 913 ( Admin ) Coppel J (1) identifies at paras 17-40 the legal principles to be derived from relevant Strasbourg case law on age assessment processes and (2) holds that the Council was not under an obligation to have regard to the UN Convention on the Rights of the Child when conducting an assessment.
JUDICIAL CONTROL, LIABILITY and LITIGATION
April 21st, 2026 by James Goudie KC in Judicial Control, Liability and Litigation
DETERMINATION OF PLANNING APPLICATION
April 21st, 2026 by James Goudie KC in Planning and EnvironmentalThe purpose of section 70C of TCLA 1990 is to enable a LPA to decline to determine an application for planning permission in respect of a breach of planning control which had a pre-existing ENFORCEMENT NOTICE issued in respect of that breach. The Court of Appeal in R ( Moran ) v MEDWAY Council m( 2026 EWCA Civ 484 says that the following questions arise for consideration by a LPA contemplating the use of Section 70C : (1) whether there is such a Notice,and (2) if so, whether the applicant seeks permission for development which includes development identified as a breach of planning control in that Notice. If so then then the LPA has a DISCRETION whether to (i) decline to consider the application, or (ii) to accept it and determine it on its merits ( which does not however require a full appraisal of the planning merits).
PROCUREMENT OF PUBLIC CONTRACTS
April 17th, 2026 by James Goudie KC in Decision making and ContractsSee NEW LOTTERY CO LTD v GAMBLING COMMISSION (2026 ) EWHC 891 ( TCC) on the legal framework for MODIFICATIO OF CONTRACTS claims and the approach to evidence at paras 892-947 and 969. Change of economic balance at paras 974-978, loss of a chance at para 1055, and generally para 1121. For the background rationale for rules relating to PUBLIC PROCUREMENT and the CONCESSION CONTRACT REGULATIONS se e paras 186-191, on the MANIFEST ERROR test for the Court’s intervention see paras 192-199, 349=389 and 744-746. On EQUAL TREATMENT see paras 2000-2006, on transparency paras 207-2011, on proportionality paras 212-213, on conflicts of interest from para 147, on time bar from para 793, and on incumbency at paras 813-826.
HOMELESSNESS AND SOCIAL HOUSING ALLOCATION
April 13th, 2026 by James Goudie KC in HousingThe Homelessness and Social Housing Allocation ( Wales ) Act 2026, to reform the law on support to prevent and end homelessness, and to reform the law about the allocation of social housing, has been enacted by Senned Cymru.
WASTE
April 13th, 2026 by James Goudie KC in Environment, Highways and LeisureIn BIRMINGHAM CITY COUNCIL v UNITE THE UNION ( 2026 ) EWHC 633 ( Admin ) the Union was fined for CONTEMPT after deliberately and repeatedly breaching an Injunction by OBSTRUCTING WASTE COLLECTION VEHICLES.
RECYCLING MUNICIPAL WASTE
March 31st, 2026 by James Goudie KC in Environment, Highways and LeisureDEFRA has on 31 March 2026 new rules in relation to waste collections and sorting, including separate collections.
AIR POLLUTION
March 31st, 2026 by James Goudie KC in Environment, Highways and LeisureA Welsh Government publication on 27 March 2026 summarises consultation responses to its draft plan to PROMOTE AWARENESS IN WALES OF AIR POLLUTION, and sets out the final delivery PLAN for 2025-2028.
STRATEGIC PLANNING and BOUNDARY CHANGES
March 30th, 2026 by James Goudie KC in Planning and EnvironmentalThe LGA has, on 27 March 2026, responded to the MHCLG Consultation on proposed geographies for producing across England in the context of local government reorganisation SPACIAL DEVELOPMENT STRATEGIES ( SDS ).