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 LitigationA 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 ContractsIn 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 DutyThe 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 ContractsThe 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 StandardsThe 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 LitigationThe 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 EnvironmentalThe 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 DutyIn 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 LitigationIn 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.