The Welsh Government has published Guidance on the Procurement Act 2023, the Social Partnership and Public Procurement ( Wales ) Act 2023, and the Health Services Procurement ( Wales ) Act 2024.
DUTIES OF CANDOUR AND DISCLOSURE IN JUDICIAL REVIEW
August 13th, 2024 by James Goudie KC in Judicial Control, Liability and LitigationIN PYANEANDEE v LEAN (2024) UKPC 27 Lady Simler observes at para 44 that , although there is a difference between the continuing duty of candour and the continuing duty of disclosure , the latter is often, in the broadest sense unnecessary, if the former duty is discharged to its fullest extent.
RATEABLE OCCUPIER
August 13th, 2024 by James Goudie KC in Council Tax and RatesIn Z v MOORE (2024) UKUT 204 ( LC ) a business unit comprised both a warehouse and an office. It is held to be a single hereditament. The parts were not sef contained and were not severable. There was a single territorial block. The uunit was physically a single whole with a paramount occupier.
PLANNING UNIT
August 13th, 2024 by James Goudie KC in Planning and EnvironmentalRICHMOND UPON THAMES LBC v ARIYO ( (2024) EWCA Civ 960 is concerned with the general principle of planning law that changes of use are generally judged by reference to the “ planning unit “.
The planning unit , at least in general terms, is the whole of an area in single occupation used for a main purpose to which other purposes are ancillary. The concept of an ancillary use is also a well-established part of planning law; and where a change of use is permitted it will generally extend to land used as ancillary to the changed use, if part of the same planning unit.
LOCAL AUTHORITIES AS TRUSTEES FOR CHARITIES
August 9th, 2024 by James Goudie KC in Decision making and ContractsThe Charity Commission has updated Guidance for Council Members and Officers when their Council is Trustee of a Charity. The Commission is seeing a “ significant number ‘ of cases where local authorities have failed to comply with their legal responsibilities a charity trustees. Common problems include changing the use or status of charitable land, or disposing of it, in a way that is not compatible with its charitable purpose.
The Guidance states that (1) it is important that authorities understand which of the assets they manage or own are charitable, and (2) they should then ensure that they are familiar with the different legal requirements and legal restrictions on actions in relation to assets that are charitable rather than simply owned.
The Guidance (1) outlines what is expected in the role of trustee, (2) gives advice on how to handle issues such as managing CONFLICTS OF INTEREST, (3) explains requirements in relation to filing Accounts, and (4) sets out rules around disposing of CHARITY LAND.
MEMBERSHIP OF A COMPANY
August 5th, 2024 by James Goudie KC in Capital Finance and CompaniesIt is necessary for a person who contends that their name has been wrongly taken off the Register of Members of a company to apply to the Court for a Order that the Register be rectified, with retrospective effect, putting them back on the Register, in place of the name of the person whose namely wrongly appears on the Register. So held in BLAND v KEEGAN (2024) EWCA Civ 934.
ECHR ARTICLE 6
August 5th, 2024 by James Goudie KC in Human Rights and Public Sector Equality DutyIn QX v SSHD ( 2024 ) UKSC 26 a seven Justice Supreme Court emphasizes both Article 6 of the European Convention of Human Rights and the common law right to a fair trial. As regards the latter, at paragraph 53, the Court states that the “fundamental importance “ of the domestic right should not be disregarded. The object of ALL LEGAL PROCEEDINGS is to do justice according to law. Doing justice involves not only arriving at a just result but arriving at it in a JUST MANNER. The essential ingredients of a fair trial can vary according to the subject matter and the nature of the proceedings, but the right to a fair trial is fundamental under domestic law and does NOT depend on the categorisation of the rights or interests at stake in the proceedings as “ civil rights or obligations “ within the meaning of Article 6(1) of the ECHR.
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PROCUREMENT OF CONTRACTS
August 2nd, 2024 by James Goudie KC in Decision making and ContractsThe Cabinet Office has published Guidance under the Procurement Act 2023 on contract terminations; procurement oversight; contract award notices; standstills; assessment summaries; remedies; debarment; exclusions; and procurement termination notices.