The Legal aid Agency has, on 27 October 2026, issued Guidance, to confirm that civil and criminal legal aid are available for Respect Orders, Youth Injunctions and Housing Injunctions.
USE OF EXPERTISE
October 20th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationAlthough a specialist Tribunal may use its expertise when (1) evaluating evidence and (2) drawing inferences, it must NOT rely on assumptions derived from that expertise to fill an EVIDENTIAL GAP, without (i) alerting the parties and (ii) giving them an opportunity to comment. So held in DENBIGHSHIRE COUNTY COUNCIL v AB (2026) UKUT 376 ( AAC ).
ET Claims
October 1st, 2026 by James Goudie KC in Judicial Control, Liability and LitigationFrom 1 October 2026 the TIME LIMIT for bringing most Employment tribunal claims increases from 3 months to 6 months.
JUDICIAL REVIEW
July 2nd, 2026 by James Goudie KC in Judicial Control, Liability and LitigationThe Judgment of Fordham J in R (EXR) v SSHD (2026) EWHC 1568 (Admin) contains a passage as follows:-
“The rubric of judicial review
- Decisions of public authorities must be lawful, in a public law sense. That means – in broad terms – that they must be legal, reasonable and fair. To decide whether they are, the judicial review Court applies objective legal standards. Legality is really concerned with two things: whether the public authority has performed its substantive legal duties; and whether it has made correct conclusions on questions of Fairness is concerned with the legal legitimacy of the public authority’s decision-making process. Reasonableness asks whether an outcome of a decision was beyond the range of responses open to the public authority; and whether the reasoning process involved any recognisable public law error of approach. Sometimes there are nuances and overlaps. There is a species of public law error which involves a material error of an established fact, but nobody says that is relevant to the present case. There is a species of public law error which involves a decision as to a factual question whose lawfulness depends on its correctness, which is highly relevant to the present case.
INTERPRETATION OF POLICIES
June 17th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationThe Court of Appeal summarises the law on the proper interpretation of Policies in R ( Ammori ) v SSHD ( 2026 ) EWCA Civ 721, at paras 80/81 : (1) Policies in the field of public administration are to be interpreted objectively in accordance with the language used, read as always in the proper context; (2) The Context includes that they are not statutory texts; (3) They are not rules, but guides; (4) Policies are not to be read in a complicated or excessively analytical way; (5) Some polcies engage relatively specific language and others are expressed in much broader terms which may not require or lend themselves to the same level of legal analysis. The Court also addresses the correct approaches to the proportionality balance and the margin of appreciation at respectively paras 98-103and 104-116.
WHETHER PUBLIC LAW CONSIDERATION MANDATORY
June 9th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationR ( GOULD ) v DEVON COUNTY COUNCIL (2026) EWCA Civ 687 concerns decisions by the Council to close non-statutory drop-in centres. The Court of Appeal holds that that the Council had been no legal obligation to refer in the Officers Report to obligations in the Care Act 2014 which were not alleged to have been breached. An authority does not have in every case to have regard to a wide range of statutory duties which were (or arguably were) relevant in a broad sense, although not identified in the governing legislation.
CONTEMPT OF COURT
June 1st, 2026 by James Goudie KC in Judicial Control, Liability and LitigationOn liability and sanctions for contempt of court by a public authority in failing to comply with a FTT Order to disclose information pursuant to FoIA 2000, see CLEASBY v ESSEX UNIVERSITY (2026) UKUT 187 (AAC).
JUDICIAL REVIEW
May 21st, 2026 by James Goudie KC in Judicial Control, Liability and LitigationThe public law principles of LEGALITY and PROPORTIONALITY do NOT provide an independent free-standing ground for challenging SUBORDINATE LEGISLATION. They are a rule of construction, pursuant to which AMBIGUOUS statutory language can be construed in amanner that preserves FUNDAMENTAL RIGHTS, including human rights. So held by Saini J in ISMAILOV v SoS (2026) EWHC 1188 (Admin).
JUDICIAL REVIEW
May 6th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationR ( GVH ) v Leicester Care Board & Leicester Council ( 2026 ) EWHC 1016 ( Admin ) holds that a COMPLAINTS PROCESS, governed by the Local Authority Social Services & NHS Services Complaints ( England ) Regulations 2009, may be an ALTERNATIVE REMEDY to Judicial Review, leading to a ( discretionary ) refusal of permission to apply for Judicial review. The PROCESS could offer a more effective redress than a quashing order.
THE LEGALITY PRINCIPLE : IN ACCORDANCE WITH THE LAW/PRESCRIBED BY LAW
April 22nd, 2026 by James Goudie KC in Judicial Control, Liability and LitigationIn SHAUN THOMPSON v METROPOLITAN POLICE COMMISSIONER (2026) EWHC 915 ( Admin ) a Divisional Court reaffirms that a measure, such as a Policy, must have the “ quality of law “, that is be (1) accessible to the persons concerned, (2) foreseeable as to its consequences, and (3) compatible with the RULE OF LAW. As to foreseeability, the measure MUST NOT CONFER A DISCRETION SO BROAD that its scope is in practice dependent on the will of those who apply it, rather than on the law itself.. It must have sufficient clarity and foreseeability so as NOT to allow ARBITRARINESS, that is decision-making by a public authority on the basis of whim, caprice, malice or predilection. A challenge to the foreseeability of a measure, or its alleged arbitrariness, does NOT, however, a challenge to the PROPORTIONALITY of that measure or its application to a particular case.