A Department for Business and Trade publication provides guidance for public authorities on assessing whether a subsidy or scheme is consistent with the principles of the Subsidy Control Act 2022. It covers four areas of detail, to: identify the policy objective, ensuring it addresses a market failure or equity concern, and determine whether a subsidy is the right tool to use; ensure that the subsidy is designed to create the right incentives for the beneficiary and bring about a change; consider the distortive impacts that the subsidy may have and keep them as low as possible; and carry out the balancing exercise. Additional guidance on subsidies or schemes of interest and schemes of particular interest has also been published.
SECURE TENANCY
November 28th, 2024 by James Goudie KC in HousingIn HOWE v BRENT LBC (2024) EWCA Civ 1444 the Court of Appeal rules that where a family member of a secure tenant met the requirements of Section 123(1) of Housing Act 1985 at the time when the secure tenant served a notice under Section 122(1) validly requiring that the family member share their RIGHT TO BUY, the family member was due to be a JOINT SECURE TENANT, even if the family member’s qualifying status was not established until after the secure tenant’s death.
SENEDD
November 26th, 2024 by James Goudie KC in Elections and BylawsThe consultation draft Senedd Cymru ( Representation of the People ) Order 2025, to come into force ahead of the planned 2026 Senedd Elections, outlines(1) the procedure for conducting Elections to the Senedd, (2) how the Election and its campaign should be managed, and (iii) the processes for legal challenges to an Election.
RATING MULTIPLIERS
November 26th, 2024 by James Goudie KC in Council Tax and RatesThe Non-Domestic Rating ( Multipliers etc ) Bill makes provision for, and in connection with, the introduction of (1) higher multi[pliers for large hereditaments, and (2) lower multipliers for (i) retail, (ii) hospitality, and (ii) leisure hereditaments , in England.
CONTRACTUAL CHANGES
November 22nd, 2024 by James Goudie KC in Decision making and ContractsIn R (Cobalt Data Centre) v HMRC (2024) UKSC 40, concerned with a building contract relating to an Enterprise Zone, the Supreme Court considers, at paras 125-156 inc, how to determine whether a contractual change takes effect as a variation to, or replacement of, an existing contract. That is held to turn generally on the parties’ objectively ascertained intention.
RECTIFICATION OF CONTRACTS
November 14th, 2024 by James Goudie KC in Decision making and ContractsIn NATIONAL UNION OF RAIL MARITIME AND TRANSPORT WORKERS v TYNE AND WEAR PASSENGER TRANSPORT EXECUTIVE (2024) UKSC 37 the Supreme Court considers the nature of rectification. The basic role of rectification is not to correct mistakes in transactions. It is to correct mistakes in recording transactions. It is not confined to documents of particular types. It may be refused if granting it would unfairly prejudice third party rights.
VACANT PREMISES
November 12th, 2024 by James Goudie KC in Land, Goods and ServicesThe Levelling-up and Regeneration Act 2023 ( Commencement No.6 ) Regulations 2024, SI. 2024/1138) bring into force on 2 December 2024 provisions in the Act which provide for local authorities to conduct rental auctions of vacant high street and town centre premises, set out the key terms used, and deal with procedures and powers.
APPEALS
November 7th, 2024 by James Goudie KC in Planning and EnvironmentalIn KEEP CHISWELL GREEN v SoS () 2024 ) EWHC 2723 ( Admin ) the Claimant on a planning appeal was not allowed. To adsvance submissions based on new material. It is incumbent on parties, including unrepresented parties, to place before the planning decision-maker the material upon which they rely.