DULGHERIU v EALING LBC (2019) EWCA Civ 1490 concerned the validity of a Public Spaces Protection Order ( “ PSPO “ ) made by the Council under Section 59 of the Anti-Social Behaviour Crime and Policing Act 2014 prohibiting anti-abortion protests in the immediate vicinity of a family planning centre. The PSPO was upheld.
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.
Discrimination
July 23rd, 2019 by James Goudie KC in Human Rights and Public Sector Equality DutyIn R (Drexler) v Leicestershire County Council (2019) EWHC 1934 (Admin) Swift J restated the following principles:-
(1) The extent of the ambit of an ECHR right is a matter of assessment: paragraph 24;
(2) For an Article 14 discrimination claim to arise there is no requirement for the substantive right to be infringed: ibid;
Traffic Regulation Order
July 22nd, 2019 by James Goudie KC in Environment, Highways and LeisureThe first instance decision in Trail Riders Fellowship v Hampshire County Council was noted in this Bulletin on 11 December 2018. An appeal has now been dismissed: (2019) EWCA Civ 1275. Sir Ross Cranston’s statement of the law was approved, save for the last part of proposition (iv). Longmore LJ said that there does have to be actual evidence that the balancing exercise required by Section 122 has been, in substance, conducted. It cannot be merely a matter of inference from the status of the decision-maker.