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.

 

MAJOR INFRASTRUCTURE PROJECTS IN WALES

November 20th, 2025 by James Goudie KC in Planning and Environmental

The Infrastructure ( Wales ) Act 2024 ( Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025, S.I. 2025 ( 1192 ) ( W.193 ), coming into force on 14/15 December 2025, implement changes resulting from the Infrastructure Wales Act 2024.

 

FOSTER CARE

November 19th, 2025 by James Goudie KC in Human Rights and Public Sector Equality Duty

In SMITH v MANCHESTER CITY COUNCIL ( 2025 ) EWHC 2987 ( KB ) the Claimants are a married couple, with strong evangelical Christian beliefs, who wanted to foster children, and approached the Council, but did not make it past the first stage of the ASSESSMENT of their SUITABILITY. One of the reasons given for rejecting their application was that the Claimants would find it difficult to be proactive in promoting DIVERSITY. The relevant legal framework is Section 22 of the Children Act 1989, the Fostering Services ( England ) Regulations 2011, together with National Minimum Standards and Guidance, which must be taken into account, the Human Rights Act 1998 and Articles 9 and 10 of the ECHR and case law relating to Article 9 and proportionality, notably BANK MELLAT and SHIVIDLER, and Sections 10 and 13 of the Equality Act 2010 and case law thereon. The claim was dismissed by Turner J. Examination of attitudes to homosexuality and same sex relationships of a person who has applied to be a foster care is not unreasonable : para 76. Local authorities must remain vigilant to consider any ways in which the manifestation of the religious belief of prospective foster parents may affect the welfare of the child, which is the paramount consideration : para 78.

 

CONTRACTUAL LIABILITY

November 18th, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

In ROMAL CAPITAL v Peel L&P ( Ports ) Ltd (2025) EWHC 3016 ( Ch ), on damages for breach of contract, in which C alleged that, but for the breaches by D of its obligations in an agreement for lease, C would have had a very good chance of obtaining a valuable planning permission for a large redevelopment scheme at Liverpool Docks, see on ESTOPPEL para 218, on what would have happened in a COUNTERFACTUAL WORLD para 314, on LOSS OF A CHANCE paras 422-426, and on UNCERTAINTIES IN EVALUATION  paras 579-584.

 

CONSULTATION

November 18th, 2025 by James Goudie KC in Planning and Environmental

On 18 November 2025, MHCLG has issued a Consultation, for response by 13 January 2026, on reforming the role of STATUTORY CONSULTEES in the planning system in England.

 

COMMUNITY INFRASTRUCTURE LEVY

November 17th, 2025 by James Goudie KC in Planning and Environmental

In R ( Luck ) v Bracknell Forest Council ( 2025 ) EWHC 2984 ( Admin ) , concerned with the detailed procedure for the operation pf the self build housing exemption, Lieven J says, at para 59, that :-

  1. CIL is akin to a tax;
  2. The purpose of CIL is to provide funding for necessary development and to provide certainty to developers and the collecting authority as to when and how such liability arises.
  3. The statute (Planning Act 2008) and the 2010 Regulations ( Part 6 of which deals with exemptions and reliefs) form a DETAILED STATUTORY CODE which is SELF CONTAINED.
  4. The imposition of CIL is NOT discretionary.
  5. There is a STRICT PROCEDURE, set out in Reg 54B, which is OBLIGATORY;

Liability for CIL MUST be PRECISELY and RELIABLY calculated on an OBJECTIVE basis.

 

LIABILITY

November 17th, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

In R ( Coventry City Council ) v SSHD (2025) EWHC 2929 ( Admin ) the Council’s challenge on 6 grounds failed with respect to SSHD’s actions pursuant to the Immigration & Asylum Act 1999 in accommodation, an Ibis Hotel, in the Council’s area.

 

RENTERS’ RIGHTS

November 14th, 2025 by James Goudie KC in Land, Goods and Services

On 13 November 2025 MHCLG has published for local authorities and others GUIDANCE on thr RENTERS’ RIGHTS ACT 2025, including an IMPLEMENTATION ROADMAP.

 

SUBSIDY CONTROL

November 13th, 2025 by James Goudie KC in Capital Finance and Companies

The COMPETITION and MARKETS AUTHORITY has, on 11 November 2025, published updated GUIDANCE on how its SUBSIDY ADVICE UNIT (SAU) will carry out its SUBSIDY CONTROL functions in the UK subsidy control regime.

 

CARAVAN SITES

November 12th, 2025 by James Goudie KC in Planning and Environmental

HAYTOP COUNTRY PARK LTD v AMBER VALLEY BC (2025) EWCA Civ 1442 is concerned with the overlap between the licensing of caravan sites, under the Caravan Sites and Control of Development Act 1960, and planning control, and the determination of an application for a caravan site licence, not in conflict with a planning permission, and disregarding “ purely planning considerations”. Holgate LJ states, at para 107, that the site licensing regime must be operated “ in harmony with “ the planning permission, which is the prerequisite for the grant of a site licence. The licensing regime cannot be used so as to extend the rights conferred by the planning permission or to relax the conditions to which it is subject. He says, at para 114, that if a licensee wishes to operate a caravan site outside the parameters of the planning permission on which the licence is based, he needs to make an application for a fresh grant of permission or a variation.

 

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