When do contractual rights and expectations amount to A1P1 possessions? When does goodwill qualify for A1P1 Protection? These were the linked substantive issues in SOLARIA ENERGY UK v DBEIS (2019) EWHC 2188 (TCC).
ECHR Article A1P1
August 27th, 2019 by James Goudie KC in Human Rights and Public Sector Equality Duty
Closure of Children Centres
August 22nd, 2019 by James Goudie KC in Decision making and ContractsOn 19 August 2019 Hickinbottom LJ refused the Claimant permission to appeal from the decision of Andrews J in R ( LF ) v BUCKINGHAMSHIRE COUNTY COUNCIL (2019) EWHC 1817 ( Admin), Local Government Bulletin 12 July 2019. Section 5D of the Childcare Act 2006 does not diminish the entitlement of a local authority to consult only on options it proposes.
Remedies for Breach
August 2nd, 2019 by James Goudie KC in Decision making and ContractsIn AEW Europe Ltd v Basingstoke & Deane BC (2019) EWHC 2050 (TCC) it was held that a declaration of ineffectiveness was not available in the circumstances. In Stagecoach v SoS for Transport (EWHC) 2047 (TCC) the Court considered limitation for private and public law claims and abuse of process.
Remedies for Breach
August 2nd, 2019 by James Goudie KC in Decision making and ContractsIn AEW Europe Ltd v Basingstoke & Deane BC (2019) EWHC 2050 (TCC) it was held that a declaration of ineffectiveness was not available in the circumstances. In Stagecoach v SoS for Transport (EWHC) 2047 (TCC) the Court considered limitation for private and public law claims and abuse of process.
PSED
August 1st, 2019 by James Goudie KC in Human Rights and Public Sector Equality DutyThere is a failure to have due regard to the PSED before making a decision. Must that decision be quashed? No, says the Court of Appeal in Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334, in the context of a decision by a social housing association, exercising public functions, to bring possession proceedings against a physically disabled tenant, where it was highly likely that the decision would not have been substantially different if the breach had not occurred.
PSED
August 1st, 2019 by James Goudie KC in Human Rights and Public Sector Equality DutyThere is a failure to have due regard to the PSED before making a decision. Must that decision be quashed? No, says the Court of Appeal in Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334, in the context of a decision by a social housing association, exercising public functions, to bring possession proceedings against a physically disabled tenant, where it was highly likely that the decision would not have been substantially different if the breach had not occurred.
Secure Tenancy
July 29th, 2019 by James Goudie KC in HousingIn general, a secure tenancy cannot be brought to an end and possession obtained unless the local authority has both established one or more of the grounds set out in Schedule 2 to the consolidating Housing Act 1985 (“HA 1985”) and served a Notice pursuant to Section 83 of HA 1985. The form that such a Notice must take is prescribed by Regulations.