Note the creation of (1) the Greater Cambridge Urban Development Corporation and (2) the Hampshire and the Solent Combined County Authority.
ECHR ARTICLE 3
June 5th, 2026 by James Goudie KC in Human Rights and Public Sector Equality DutyIn R (AOX) v SoS for Health & Social Care (2026) EWHC 1217 (Admin) a claim that the SoS had breached the ARTICLE 3 INVESTIGATIVE DUTY was dismissed by Eyre J. When identifying the proper defendant it is not sufficient to identify a general emanation of the State with responsibility in the relevant field and assert that it owed the Article 3 investigative duty in the abstract. Further, the prospect that lessons would be learned from an investigation could not operate as a freestanding trigger for an obligation to investigate under Article3. The Judge addressed (1) the applicable principles relating to Article 3 ( paras 35-64 ), ( 2 ) status as an emanation of the State ( paras 65-74 ), ( 3 ) what constitutes INHUMAN & DEGRADING TREATMENT ( paras 75-96 ), ( 4 ) the proper defendant ( paras 97-101 ), ( 5 ) the adequacy of systems for investigation and oversight ( paras 102-105 ), (6 ) the operational duty and the procedural obligation ( paras 106-108 ), and ( 7 ) the timing of the claim ( paras 109/110 ).
POWERS FOR LOCAL AUTHORITIES AND OTHERS
June 4th, 2026 by James Goudie KC in GeneralOn 3 June 2026, the House of Commons LIBRARY has published a BRIEFING on responding to ANTI-SOCIAL BEHAVIOUR in England and Wales.
ECHR ARTICLE 5
June 2nd, 2026 by James Goudie KC in Human Rights and Public Sector Equality DutyOn deprivation of liberty and mental capacity, the Supreme Court has, in (2026) UKSC 16, overruled its majority decision in CHESHIRE WEST ( 2014) AC 896.
INJURIOUS AFFECTION
June 2nd, 2026 by James Goudie KC in Land, Goods and ServicesROYAL & SUN ALLIANCE INSURANCE LTD v HARROW LONDON BOROUGH COUNCIL (2026) UKUT 197 (LC) holds that the Lands Chamber of the Upper Tribunal has JURISDICTION to award costs in a TREE PRESERVATION ORDER compensation case under the TPO Regulations 2012. The damage to the claimant’s property caused by the Council’s refusal to permit the felling of 2 trees under a TPO meant that the proceedings constituted “ proceedings for injurious affection of land “ within the Lands Chamber Rules. The refusal of consent to fell the trees resulted in the damage to the property. The damage was the cracking and subsidence which resulted from the refusal to allow the felling of the trees.
PREMIUM FOR CONSENT
June 2nd, 2026 by James Goudie KC in Land, Goods and ServicesPALMER v PLYMOUTH CITY COUNCIL (2026) EWHC 1262 (Ch) holds that Section 144 of Law of Property Act 1925 ( Landlord’s ability to charge a premium for CONSENT TO ALIENATION) and Section 19 of Landlord and tenant Act 1927 (dealing with all aspects of alienation) are NOT inescapably inconsistent. BOTH apply to a covenant requiring a premium for consent to assignment.
DELEGATION OF PLANNING FUNCTIONS
June 1st, 2026 by James Goudie KC in Planning and EnvironmentalMHCLG has, on 1 June 2026, published GUIDANCE explaining how LPAs in England should implement the NATIONAL SCHEME of Delegation of Planning Functions, scheduled to come into force on 31 October 2026.
CONTEMPT OF COURT
June 1st, 2026 by James Goudie KC in Judicial Control, Liability and LitigationOn liability and sanctions for contempt of court by a public authority in failing to comply with a FTT Order to disclose information pursuant to FoIA 2000, see CLEASBY v ESSEX UNIVERSITY (2026) UKUT 187 (AAC).
SOCIAL HOUSING
June 1st, 2026 by James Goudie KC in HousingThe SOCIAL HOUSING BILL aims (1) to protect social housing stock, in particular by reforms to RIGHT TO BUY, and (2) to support social housing tenants who are VICTIMS OF DOMESTIC ABUSE.
ALLOCATION
June 1st, 2026 by James Goudie KC in HousingR ( Freedom from Torture) v SSHD (2026) EWHC 1278 ( Admin) holds that SSHD acted unlawfully by amending her allocation of ASYLUM ACCOMMODATION Policy without CONSULTING specialist Charities supporting SURVIVORS OF TORTURE & TRAFFICKING, contrary to established PRACTICE, and in breach of the PSED and the Tameside duty of inquiry.