PROCUREMENT OF PUBLIC CONTRACTS

April 17th, 2026 by James Goudie KC in Decision making and Contracts

See 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.

 

 

SALE OF CARE HOMES

April 14th, 2026 by James Goudie KC in Social Care

In R ( Hughes ) v Kirklees Council ( 2026 ) EWCA Civ 306 the Court of Appeal confirms the lawfulness of the Council’s decision to sell 2 adult care homes to a private provider. The Council’s use of figures that had not been updated was not (significantly) misleading. The cost savings were significant even on the updated figures.

 

HOMELESSNESS AND SOCIAL HOUSING ALLOCATION

April 13th, 2026 by James Goudie KC in Housing

The 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 Leisure

In 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 Leisure

DEFRA 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 Leisure

A 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 Environmental

The 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 ).

 

WELSH LAW

March 30th, 2026 by James Goudie KC in General

The Law Society has, on 26 March 2026, published a Practice Note highlighting where distinct Welsh law differs from the law in England and providing guidance for identifying the correct legal framework.

 

FUNCTIONAL SEPARATION

March 27th, 2026 by James Goudie KC in Planning and Environmental

In R ( BARBICAN QUARTER ORGANISATION LTD ) V CITY OF LONDON ( 2026 ) EWHC 687 ( Admin ) Fordham J holds that breach of the Regulation 64 of the Town & Country Planning ( Environmental Impact Assessment ) Regulations duty for functional separation did NOT have an automatic vitiating consequence for a decision in relation toa development proposal that is landowner, developer and decision-maker, where the breach of statutory duty demonstrably could have had no bearing on the decision. The  planning process would have been the same. No action would have been different.

 

PROCUREMENT OF CONTRACTS

March 27th, 2026 by James Goudie KC in Decision making and Contracts

A Cabinet Office Command Paper, published on 26 March 2026, sets out the Government’s response to the consultation “ Public Procurement : Growing British industry, jobs, and skills “.

 

« Older Entries