In HUTCHINSON v COUNTY DURHAM & DARLINGTON NHS FOUNDATION TRUST (2026) WL 00177607, at paras 425-446, it is held that , by permitting a biological male, transgender woman, to use a female changing room, the only space made available to them, the Trust, as a public body, had infringed the Claimants’ right to respect for private life, under ECHR ARTICLE 8, and bodily autonomy. The Trust had been unable to demonstrate PROPORTIONALITY.
EUROPEAN CONVENTION OF HUMAN RIGHTS
January 29th, 2026 by James Goudie KC in Human Rights and Public Sector Equality Duty
SUBSIDY CONTROL
January 23rd, 2026 by James Goudie KC in Capital Finance and CompaniesSections 2-4 inclusive of the Subsidy Control ACT 2022 define “ subsidy”. It includes specific financial assistance which confers an ECONOMIC ADVANTAGE on an enterprise where the benefit to the enterprise is provided in terms that are “ more favourable “ to the enterprise than the terms that might reasonably have been expected to have been “ available on the market “ to the enterprise. BICKNELL v NHS NOTTINGHAMSHIRE ICB ( 2026 ) EWCA Civ 21 confirms that in competition law one criterion for determining “ economic “ is whether the entity PARTICIPATES IN A MARKET.
LOW TRAFFIC NEIGHBOURHOOD SCHEME
January 23rd, 2026 by James Goudie KC in Environment, Highways and LeisureR ( HAWES ) v TOWER HAMLETS LBC ( 2026 ) EWCA Civ 24 is concerned with the London Borough Council’s decision to revoke such a Scheme. The judicial review challenge succeeded to the extent that the Council was found to have breached its statutory duty under Section 151(1)(a) of the Greater London Authority Act 1999 not to act inconsistently with a LOCAL IMPLEMENTATION PLAN approved by the Mayor of London.
STANDARD FORM CONTRACTS
January 19th, 2026 by James Goudie KC in Decision making and ContractsThe Supreme Court in PROVIDENT BUILDING SERVICES LTD v HEXAGON HOUSING ASSOCIATION LTD ( 2026 ) UKSC 1 has held that the contractor under a CONSTRUCTION CONTRACT which incorporates the JCT Design and Build Contract ( 2016 edition ) cannot terminate its employment under clause 8.9.4 when a right to give the termination notice referred to in clause 8.9.3 has never accrued. The established approach to CONTRACTUAL INTERPRETATION, based on the objective intentions of the contracting parties in the relevant context, applies to the interpretation of an industry wide standard form of contract.
ADVERTISEMENTS
January 19th, 2026 by James Goudie KC in Council Tax and RatesA qualifying right to use land for EXHIBITING ADVERTISEMENTS is an hereditament. The person entitled to such a right is LIABLE TO PAY RATES on that right as a SEPARATE HEREDITAMENT. So held in NETWORK RAIL INFRASTRUCTURE LTD v LIST ( Valuation Officer ).
COUNCIL TAX REDUCTION SCHEMES
January 16th, 2026 by James Goudie KC in Council Tax and RatesA MHCLG publication, on 16 January 2026, provides INFORMATION, for authorities, relevant to their schemes under the Council tax reduction schemes (Prescribed requirements) (England)(Amendment) Regulations 2026, S.I.2026/27, amending the 2012regulations, SI 2012/2885, as amended, pursuant to section 13A of and schedule 1A to the Local Government Finance Act 1992.
OFFENCES
January 15th, 2026 by James Goudie KC in HousingThe Ministry of Justice has on 15 February 2026 launched a CONSULTATION, to run until 9 April 2026, on SENTENCING GUIDELINES for housing-related offences, such as unlawful eviction and unlawful harassment and offences related to HMOs.
RIGHT OF WAY
January 14th, 2026 by James Goudie KC in Environment, Highways and LeisureThere is a rebuttable presumption that a right of way marked on a definitive map actually exists, as marked. However, Section 53(2) of the Wildlife and Countryside Act 1981 empowers the local authority to MODIFY THE MAP if it discovers admissible evidence that there has been an error in its preparation.
Inconsistency between map and statement and/or comparison of the documents with the situation on the ground at the relevant time are such evidence. Indeed extrinsic evidence for this purpose is confined to that.
LIABILITY
January 13th, 2026 by James Goudie KC in Council Tax and RatesA&P68 Ltd v CITY OF BRADFORD COUNCIL (2026) EWHC 27 (Admin) affirms that for the purpose of deciding who is liable for unpaid non-domestic rates there is a SINGLE. PURPOSIVE, TEST, for determining the person entitled to POSSESSION of the RELEVANT HEREDITAMENT and therefor the owner. The question is whether that person has a REAL AND PRACTICABLE ENTITLEMENT to possession.
FLOOD PROTECTION
January 7th, 2026 by James Goudie KC in Human Rights and Public Sector Equality DutyIn R ( WILLIAMS ) v NATURAL RESOURCES WALES and CONWY COUNTY BOROUGH COUNCIL ( 2026 ) EWHC 9 ( Admin ) the Claimants unsuccessfully challenged the decision of Natural Resources Wales ( NRW ) that it would no longer exercise its power, under Section165 of the water resources Act 1991, to carry out works and maintenance to a embankment. The 4 grounds of challenge included that the decision placed an unfair and disproportionate burden on adjacent landowners for maintenance of the embankment and its associated structures, and constitute “ control or interference “ with the landowners’ property rights under Article 1 of the First Protocol of the ECHR. This is discussed by Judge Keyser KC at paras 66-82. “ Possessions “ is construed broadly, but the matter complained of did not violate the claimants’ rights. They were not deprived of their land. NRW is neither purporting to exercise control over the claimants’ land nor controlling the use to be made of it. Their right to peaceful enjoyment of their possessions was not infringed. There was no public obligation to maintain flood defences. Article 1 was not engaged.