In DEPARTMENT FOR BUSINESS AND TRADE v INFORMATION COMMISSIONER and MONTAGUE (2023) EWCA Civ 1378 the Court of Appeal has ruled that the public interest recognised in two or more different provisions in the Freedom of Information Act 2000 (FOIA) exempting information from disclosure should be assessed in combination when determining whether that public interest outweighed the public interest in disclosure. In other words, the Court approved of aggregation. It rejected the contention that the public interest recognises in each exemption provision should be weighed separately against the public interest in disclosure. Read more »
Arbitration
November 23rd, 2023 by James Goudie KC in GeneralAn Arbitration Bill was introduced ( in the House of Lords ) on 21 November 2023. The Bill when enacted aims to give effect to Recommendations by the Law Commission to amend the Arbitration Act 1996 ( the 1996 Act ). The main provisions of the Bill are : (1) a new rule on the governing law of an Arbitration Agreement : Clause 1; (2) codification of an Arbitrator’s Duty of Disclosure; Clause 2; (3) strengthening of Arbitrator immunity around resignation and applications for removal : Clauses 3 & 4; (4) introduction of a power for Arbitrators to dispose summarily of issues which have no real prospect of success : Clause 7; (5) clarification of Court powers in support of emergency Arbitrators : Clause 8; (6) clarification of Court powers in respect of arbitral proceedings : Clause 9; and (7) a revised framework for jurisdiction challenges under Section 67 of the 1996 Act : Clauses 10 & 11;
New Acts
October 27th, 2023 by James Goudie KC in GeneralThe following Bills received Royal Assent and were enacted on 26 October 2023
- Online Safety Act, on which see the 11 KBW Panopticon Blog
- Worker Protection ( Amendment of Equality Act 2010 ) Act
- Energy Act
- Non-Domestic Rating Act, which makes a number of technical alterations
- Procurement Act, which will replace existing Regulations
- Levelling-up and Regeneration Act , including provisions in relation to devolution and planning environmental and housing related reforms
- Economic Crime and Corporate Transparency Act
Local Government Reorganisation
March 4th, 2022 by James Goudie KC in GeneralIn R (Cumbria County Council) v SoS (2022) EWHC 388 (Admin) Fordham J. refused to the County Council’s renewed application on a number of grounds for permission to bring Judicial Review proceedings against a decision of the SoS, following Statutory Guidance and consultation, to split the County into 2 unitary authorities. There was no reasonable arguability with a realistic prospect of success. The Statutory Guidance was not an unlawful departure from Government policy in relation to “minimum population size”. Nor had the SoS acted unlawfully with respect to the possibility of a Mayoral Combined Authority, the strengths and weaknesses of an East/West proposal and a single unitary proposal, or consistency with his North Yorkshire decision.
Houses in Multiple Occupation: December 2021
December 9th, 2021 by James Goudie KC in General, HousingIn Palmview Estates v Thurrock Council (2021) EWCA Civ 1871 the Court of Appeal consider the “reasonable excuse” defence in Section 75 (2) of the Housing Act 2004. There is a defence if, viewed objectively, there is reasonable excuse for having control of or managing a HMO without a licence. The reasonable excuse must relate to the activity of controlling or managing the HMO without a licence.
Can remote licensing hearings continue?
April 29th, 2021 by philipkolvin in GeneralArticle written by Philip Kolvin QC for Local Government Lawyer.
Philip Kolvin QC asks whether the High Court’s decision that remote local authority meetings cannot continue without new legislation applies to licensing committee hearings.
COVID-19 – list of Govt publications by date order and useful websites
March 26th, 2020 by Peter Oldham QC in GeneralThe virus has led to the Government producing a great deal of information and guidance, of varying degrees of formality. It is not easy to keep track of it all.
The following is a list of some useful websites covering this (and related) material, and then a list of material by publication date, followed by a weblink. Please note that the list by date order will not be complete. I will try to update it regularly. Other documents of particular relevance may be included in the list (e.g. the European Commission’s Temporary State Aid Framework of 19th March). Proposals for inclusion are very welcome – please contact peter.oldham@11kbw.com. The earlier versions of documents amended after 25th March are not shown.
USEFUL WEBSITES
For guidance aimed at local government
https://www.gov.uk/guidance/coronavirus-covid-19-guidance-for-local-government
For guidance for schools and educational settings
For procurement
https://www.gov.uk/government/collections/procurement-policy-notes#2020
For Department of Health and Social Care
https://www.gov.uk/government/organisations/department-of-health-and-social-care
For Public Health England
https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance and
https://www.gov.uk/government/organisations/public-health-england
For information about Universal Credit
https://www.understandinguniversalcredit.gov.uk/coronavirus/
For more general documentation from the Government about the crisis
For Parliamentary material on the Coronavirus Act 2020
https://services.parliament.uk/Bills/2019-21/coronavirus/documents.html
The Local Government Association has an extremely informative, broad and helpful collection of material at https://www.local.gov.uk/our-support/coronavirus-information-councils. This includes a section at https://www.local.gov.uk/our-support/coronavirus-information-councils/covid-19-statutory-council-duties dealing with particular functions by alphabetical order.
PUBLICATION OF MATERIAL BY DATE ORDER
9th March
News story – Taskforce to bolster local response to coronavirus
https://www.gov.uk/government/news/taskforce-to-bolster-local-response-to-coronavirus
16th March
Press release – Robert Jenrick reaffirms support for councils in their coronavirus response
17th March
Press release – £3.2 million emergency support for rough sleepers during coronavirus outbreak
Press release – Government to grant permission for pubs and restaurants to operate as takeaways as part of coronavirus response
18th March
Press release – Complete ban on evictions and additional protection for renters
https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters
Procurement Policy Note 01/20: Responding to COVID-19
https://www.gov.uk/government/publications/procurement-policy-note-0120-responding-to-covid-19
19th March
EU Commission Temporary State Aid Framework
https://ec.europa.eu/commission/presscorner/detail/en/IP_20_496
Guidance – Responding to COVID-19: the ethical framework for adult social care
News story – £2.9 billion funding to strengthen care for the vulnerable
https://www.gov.uk/government/news/2-9-billion-funding-to-strengthen-care-for-the-vulnerable
Guidance – COVID-19: guidance on residential care provision
Guidance – COVID-19: guidance for supported living provision
Guidance – COVID-19: guidance on home care provision
Guidance – Coronavirus (COVID-19): maintaining educational provision
https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision
Guidance – COVID-19: free school meals guidance
https://www.gov.uk/government/publications/covid-19-free-school-meals-guidance
20th March
Business Rates Nursery Discount 2020/21: Coronavirus Response – Local Authority Guidance
Guidance – Closure of educational settings: information for parents and carers
Guidance – Coronavirus (COVID-19): cancellation of GCSEs, AS and A levels in 2020
https://www.gov.uk/government/publications/coronavirus-covid-19-cancellation-of-gcses-as-and-a-levels-in-2020
Guidance – Procurement Policy Note 02/20: Supplier relief due to COVID-19
21st March
Press release – Major new measures to protect people at highest risk from coronavirus
Guidance – Coronavirus (COVID-19): guidance on isolation for residential educational settings
22nd March
Guidance – COVID-19: school closures
23rd March
COVID-19: guidance on isolation for domestic abuse safe-accommodation settings
Press release – Extra protection for businesses with ban on evictions for commercial tenants who miss rent payments
Guidance – Coronavirus (COVID-19): maintaining further education provision
Guidance – Coronavirus (COVID-19): apprenticeship programme response
https://www.gov.uk/government/publications/coronavirus-covid-19-apprenticeship-programme-response
Correspondence – Coronavirus (COVID-19): letter from the Minister of State for Care to recruitment agencies
https://www.gov.uk/government/publications/coronavirus-covid-19-letter-from-the-minister-of-state-for-care-to-recruitment-agencies
24th March
COVID-19 outbreak – councillor guidance
https://www.local.gov.uk/covid-19-outbreak-councillor-guidance
Council Tax COVID-19 hardship fund 2020-21 – Local Authority Guidance
COVID-19 advice for accommodation providers
https://www.gov.uk/guidance/covid-19-advice-for-accommodation-providers
Guidance – Coronavirus (COVID-19): implementing social distancing in education and childcare settings
Guidance
Guidance on shielding and protecting people defined on medical grounds as extremely vulnerable from COVID-19
Guidance – COVID-19: support for businesses
https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-support-for-businesses
25th March
Grant Funding Schemes Small Business Grant Fund and Retail, Hospitality and Leisure Grant Fund Guidance Version 2 (new para 17)
Business Rates Expanded Retail Discount 2020/21: Coronavirus Response – Local Authority Guidance (updated to include formerly excluded, but forced to close)
COVID-19: guidance for hostel or day centre providers of services for people experiencing rough sleeping
Coronavirus (COVID-19) – Planning Inspectorate guidance – updated 25th March 2020 (cancellation of Planning Inspectorate’s site visits)
https://www.gov.uk/guidance/coronavirus-covid-19-planning-inspectorate-guidance
Note the helpful collection of planning material on the same page
Guidance – Further businesses and premises to close: guidance and designation letter under the Health Protection etc Regs 2020
Guidance – Coronavirus (COVID-19): early years and childcare closures
Guidance – COVID-19: guidance for educational settings
https://www.gov.uk/government/publications/guidance-to-educational-settings-about-covid-19
Guidance – Coronavirus (COVID-19): guidance on vulnerable children and young people
Guidance – Coronavirus (COVID-19): travel advice for educational settings
Peter Oldham QC