In R (TV Harrison CIC) v Leeds City Council (2022) EWHC 130 (Admin) the claimant community interest company challenged the decision of the City Council to refuse to include the claimant’s Land in the list of Land in its area that is of community value that is maintained under Section 87(1) of the Localism Act 2011. The Land is described as a longstanding sports field and has recently been restored. However, the City Council seeks to proceed with a housing development. “Land of community value” is defined by Section 88 of the Act. Section 88(1)(b) is concerned with future use.
Amendment of claim out of time
January 25th, 2022 by James Goudie KC in Judicial Control, Liability and LitigationIn Mullaley v Martlet Homes Ltd (2022) EWCA Civ 32 a claimant was permitted to amend its claim out of time under CPR r.17.4 so as to include an allegation that the defendant’s use of combustible cladding material for tower block refurbishment breached a design and build contract. In considering whether such a new cause of action arose from “the same facts or substantially the same facts” as those which the defendant had put in issue in its defence, some limited flexibility is allowed for a claimant to rely on new facts or matters beyond those pleaded in the defence in order to allow for expansion, elaboration or
Discrimination
January 24th, 2022 by James Goudie KC in Human Rights and Public Sector Equality DutyIn R (TP) v SoS (2022) EWHC 123 Admin) the Court reiterates the relevant legal principles on discrimination under Article 14 of the ECHR from paragraph 98 as follows.
Interpretation of Policy
January 24th, 2022 by James Goudie KC in Planning and EnvironmentalIn Wiltshire Council v SoS (2022) EWHC 36 ( Admin ) the Court reiterates the legal principles to be applied by a Court when a decision of a Planning Inspector or other specialist decision-maker is challenged on the basis of alleged misinterpretation of policy.
Rough Sleepers
January 21st, 2022 by James Goudie KC in HousingR (ZLL) v SoS (2022) EWHC 85 (Admin) concerns rough sleepers and the covid pandemic. The claimant alleged a breach of public law duty by adopting an unpublished position in non- conformity with previously published policy. In relation to this ground, Fordham J stated some relevant basic legal points including the following :-
Community Infrastructure Levy
January 21st, 2022 by James Goudie KC in Planning and EnvironmentalThere has to be certainty as to when and how liability for the CIL will arise. A chargeable development ceases to be eligible for social housing relief if, before it is commenced, a commencement notice is not submitted to the local authority. So held in R (Heronslea) v SoS (2022) EWHC 96 (Admin). Also held that liability to pay the levy arises upon the commencement of the chargeable development.
Contract Procurement
January 17th, 2022 by James Goudie KC in Decision making and ContractsThe topics considered, in the context of a public health crisis, by O’Farrell J. in a 519 paragraph Judgment in R (Good Law Project) v SoS for Health and Social Care (2022) EWHC 46 (TCC) include principles in relation to (1) confidentiality and open justice, (2) equal treatment and transparency, and (3) irrationality.
Contract Procurement
January 14th, 2022 by James Goudie KC in Decision making and ContractsThe topics considered, in the context of a public health crisis, by O’Farrell J. in a 519 paragraph Judgment in R (Good Law Project) v SoS for Health and Social Care (2022) EWHC 46 (TCC) include principles in relation to (1) confidentiality and open justice, (2) equal treatment and transparency, and (3) irrationality.
Judicial Control, Liability and Litigation Injunctions
January 13th, 2022 by James Goudie KC in Judicial Control, Liability and LitigationIn Barking & Dagenham LBC v Persons Unknown (2022) EWCA Civ 13 the Court of Appeal rules that the Courts can grant in respect of unauthorised encampments a final injunction that prevent persons that are unknown and unidentified at the date of the Order, newcomers, from occupying and trespassing on local authority land.
DISABILITY DISCRIMINATION
January 10th, 2022 by James Goudie KC in Judicial Control, Liability and LitigationSection 29(6) of the Equality Act 2010 on exercise of a public function does not provide a remedy equivalent to Section 39(2) of that Act on discrimination against employee. So held in Eckland v Chief Constable of Avon & Somerset (2021) EWCA Civ 1961, because the former claim has to be brought in the County Court, whereas the latter can be pursued in an Employment Tribunal. There are a number of material differences between the two jurisdictions, including that it is the ET which has the appropriate expertise for determining discrimination disputes in the employment field, and both the costs regime and the available remedies are different.