WINDING UP

November 28th, 2025 by James Goudie KC in Capital Finance and Companies

General principles about winding up a company on the JUST AND EQUITABLE ground are set out in ACQUAPOINT LLP v FAN (2025) UKPC 56 at paras 50-57  inc.

At paras 73/74, the Privy Council says that, in a corporate context, EQUITABLE CONSIDERATIONS AS REGARDS THE EXERCISE OF LEGAL RIGHTS will NOT generally apply : particular contractual arrangements may well be inconsistent with the possibility of equitable considerations arising at all or continuing in place.

 

HOUSE IN MULTIPLE OCCUPATION (HMO)

November 27th, 2025 by James Goudie KC in Housing

OXFORD HOTEL INVESTMENTS LTD v Great Yarmouth BC (2025) UKUT 387  (LC) at paras 18-28 holds that a microwave oven does NOT amount to “ cooking facilities”, for the purposes of the definition of an HMO in Section 254(A) of the Housing Act 1996, with the result that not all 3 of the “ basic amenities” (toilet, personal washing facilities and cooking facilities) are not present and there is not a “self-contained flat” but rather a part of an HMO.

 

ECHR ARTICLE 8

November 26th, 2025 by James Goudie KC in Human Rights and Public Sector Equality Duty

The 179 para Judgment in  IA and Others v SSHD EWCA Civ 1516 concerns, amongst other matters, (1) the meaning of ECHR Article 8, in the contexts of family life between adult siblings and (2) the rights of persons outside the jurisdiction ( Gaza ) and (2 ) the weighing of the proportionality balance. The Court of Appeal says, at paras 60, 68 and 77, that “ family life “, within the autonomous meaning of article 8(1), is to be found, between adult siblings, only where “ additional elements of dependence involving more than the normal emotional ties “ are to be found. The Court, at para 100, says that, whilst persons seeking to enter an ECHR State from outside the jurisdiction of the ECHR will not have their own rights under Article 8, if they have pre-existing family life with a person within the territory of the ECHR, Article 8 may impose a positive obligation on a State to admit those people, if they have family life with a person within the jurisdiction. The concept of family life does not however mean that the State is under a positive obligationto admit every member of the wider family of the persons within the territory of the UK.

 

ECHR

November 24th, 2025 by James Goudie KC in Human Rights and Public Sector Equality Duty

In R ( JWANCZUK ) v SoS for WORK & PENSIONS ( 2025 ) UKSC 42 the Supreme Court addresses Article 14 of the ECHR read in conjunction with Articles 8 and A1P1. The Court considered “ other status “, justification and the Human Rights Act interpretative interpretation. It observes that there are limits on the concept of “ other status”. As to justification, the Court applies the standard BANK MELLAT test, and refers to the wide margin of appreciation. As to the interpretative obligation, the Court considers this in the context of an exception to a general rule.

 

WENESBURY

November 24th, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

A system is NOT Wednesbury unreasonable merely because its design or operation is capable of improvement. So says the Court of Appeal at para 67 in R ( Refugee and Migrant Forum ) v SSHD ( 2025 ) EWCA Civ 1843.

 

PREDETERMINATION

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

In C ( Children : Premature Determination ) ( 2025 ) EWCA Civ 1481 the Court of Appeal observed that predetermination, or apparent predetermination, arises where a decision-maker reaches, or appears to reach, a final conclusion before being in possession of all the relevant facts.. The Court says, at paras 6-8, that there is an “ obvious difference “ between disclosure of “ provisional thinking “, for the benefit of the parties, and a “ premature arrival at a settled decision “. The first is “ acceptable “, and may be 2 beneficial “, even “ positively helpful “. The latter is “ inappropriate “ and may well be “ unjust “. This applies in the cases both of fact-finding and of evaluative judgment “. There MUST NOT be a “ premature determination “ that indicates a CLOSED MIND.

 

PSED

November 21st, 2025 by James Goudie KC in Human Rights and Public Sector Equality Duty

The Equality and Human Rights Commission has, on 21 November 2025, found that the Welsh Government failed to comply with the PSED in deciding to discontinue funding ( for free school meals ) without conducting and publishing EQUALITY IMPACT ASSESSMENTS for many policies likely substantially to affect PSED compliance, and has taken formal enforcement action.

 

CONTRACTS

November 21st, 2025 by James Goudie KC in Decision making and Contracts

The Procurement Act 2023 ( Threshhold Amounts ) ( Amendment ) Regulations 2025, SI 2025/1200, revise financial threshholds for public contracts.

 

WALES

November 21st, 2025 by James Goudie KC in Standards

The Local Government ( Standards Committees and Member Conduct ) ( Miscellaneous Amendments ) ( Wales ) Regulations 2025, SI 2025/1217, amend provisions on Standards Committees, Conduct Principles , and the Model Code for local authorities in Wales.

 

JUDICIAL REVIEW

November 20th, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

The House of Lords Select Committee on the CONSTITUTION has, on 20 November 2025, published a Report, “ The rule of law: holding the line against tyranny and anarchy “, including, at paras 93-99, on Judicial Review.