DATA IMPLICATIONS

January 5th, 2026 by James Goudie KC in Judicial Control, Liability and Litigation

In Case C-422/24, SWEDISH AUTHORITY FOR PRIVACY PROTECTION v A SWEDISH PUBLIC TRANSPORT COMPANY the CJEU considers GDPR implications when operators of PUBLIC TRANSPORT SERVICES equip their ticket inspectors with body cameras used to film passengers who do not have a valid ticket when TICKET INSPECTIONS are carried out.

 

LIABILITY OF OWNERS

December 12th, 2025 by James Goudie KC in Council Tax and Rates

In R (Emeraldshaw Ltd) v Sheffield Magistrates  Court (2025) EWCA Civ 1601 the Court of Appeal considers the scope of the Supreme Court decision in ROSSENDALE (2022) AC 690, in relation to the liability of owners of UNOCCUPIED HEREDITAMENTS to pay non-domestic rates. The “owner” is the person who has the IMMEDIATE LEGAL RIGHT TO ACTUAL PHYSICAL POSSESSION of the property, UNLESS they had NO REAL OR PRACTICAL ABILITY to exercise that right, so as to bring the property back into use, and had been granted that right only for the purpose of avoiding rates.

 

CHILD PROTECTION

December 12th, 2025 by James Goudie KC in Social Care

R (FC) v BRISTOL CITY COUNCIL (2025) EWHC 3227 ( Admin ) concerns Sections 17, 31 and 47 of the Children Act 1989, the Working Together to Safeguard Children Guidance, andcare and supervision of children and significant harm to them. Irrationality challenges fail. So too do human rights challenges under Article 8 of the ECHR based on interferences with both family and private life.

 

HOUSE IN MULTIPLE OCCUPATION (HMO)

December 12th, 2025 by James Goudie KC in Housing

INVESTVIEW LTD v TANDRIDGE DC (2025) UKUT 405 (LC) concerns the regulation of HMOs under the Housing Act 2004, PROHIBITION ORDERS imposed in response to what the Council regarded as a number of HAZARDS, including INADEQUATE SPACE, relevant SPACE STANDARDS, and the risk posed for occupants. The Court analysed the legal regimes in relation to the SIZE OF RESIDENTIAL ACCOMMODATION. These are (1) Planning : paras 5-7; (2) Statutory Overcrowding under the Housing Act 1985 : paras 8 & 9; (3) the Housing Health and safety rating System , under Part 1 of the 2004 Act and 2005 regulations : paras 10-12; and (4) the Decent Homes Standard : para 13.

 

RIGHT TO BUY : STRUCTURAL DEFECTS

December 10th, 2025 by James Goudie KC in Housing

In Tower Hamlets LBC v Leaseholders (2025) EWCA CIv 1591 the Court of Appeal explains that the effect of provisions in the Right to Buy legislation is that a landlord can recover a contribution to the cost of making good a structural defect in a building only if the defect was notified to the tenant before the lease was granted or if the landlord did not become aware of the defect until 10 years after the grant of the lease : paras 43-46 inc & 64-66 inc.

 

VACCINATIONS

December 10th, 2025 by James Goudie KC in Social Care

In S v ISLINGTON LBC (2025) EWHC 2780 (Fam) MacDonald J considers the public law and human rights principles applicable in determining a parent’s application (under the Court’s inherent jurisdiction) to prevent a local authority from exercising its power, under Section 33 of the Children Act 1989 (effect of care order) to carry out routine vaccinations in the case of a child the subject of an interim care order.

 

ENVIRONMENTAL PROTECTION

December 2nd, 2025 by James Goudie KC in Environment, Highways and Leisure

DEFRA has, on 1 December 2025, published a 123 pages ENVIRONMENTAL IMPROVEMENT PLAN, pursuant to Section 10(6) of the post Brexit  Environment Act 2021, seetting out (1) 10 long term GOALS, and how they can be delivered, and (2) 91 COMMITMENTS.

 

Habitats

December 1st, 2025 by James Goudie KC in Planning and Environmental

In OCEANA UK v SoS for Energy and Net Zero (2025) EWHC 3146 ( Admin ) Mould J at paras 41-61 inc reiterates the principles that apply to the interpretation and application of the Habitats Directive, relating to the appropriate assessment of implications for the integrity of a site from a plan or project in view of the site’s conservation objectives. At paras 131 & 142 the Judge explains the precautionary approach. At paras 166 & 179-183 inc he addresses the issue of climate change.

 

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.

 

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