It is necessary for a person who contends that their name has been wrongly taken off the Register of Members of a company to apply to the Court for a Order that the Register be rectified, with retrospective effect, putting them back on the Register, in place of the name of the person whose namely wrongly appears on the Register. So held in BLAND v KEEGAN (2024) EWCA Civ 934.
ECHR ARTICLE 6
August 5th, 2024 by James Goudie KC in Human Rights and Public Sector Equality DutyIn QX v SSHD ( 2024 ) UKSC 26 a seven Justice Supreme Court emphasizes both Article 6 of the European Convention of Human Rights and the common law right to a fair trial. As regards the latter, at paragraph 53, the Court states that the “fundamental importance “ of the domestic right should not be disregarded. The object of ALL LEGAL PROCEEDINGS is to do justice according to law. Doing justice involves not only arriving at a just result but arriving at it in a JUST MANNER. The essential ingredients of a fair trial can vary according to the subject matter and the nature of the proceedings, but the right to a fair trial is fundamental under domestic law and does NOT depend on the categorisation of the rights or interests at stake in the proceedings as “ civil rights or obligations “ within the meaning of Article 6(1) of the ECHR.
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PROCUREMENT OF CONTRACTS
August 2nd, 2024 by James Goudie KC in Decision making and ContractsThe Cabinet Office has published Guidance under the Procurement Act 2023 on contract terminations; procurement oversight; contract award notices; standstills; assessment summaries; remedies; debarment; exclusions; and procurement termination notices.
IMPROVEMENT NOTICE
August 2nd, 2024 by lawrence in HousingCURD v LIVERPOOL CITY COUNCIL (2024) UKUT 218 (LC) concerned an Improvement Notice served under Section 12 of the Housing Act 2004. It is held that the FTT can vary an Improvement Notice only if it satisfied that a hazard exists. It cannot substitute a requirement for further investigation on the question of hazard in place of a requirement for specified remedial work.
REVOCATION OF CERTIFICATE
July 31st, 2024 by James Goudie KC in Planning and EnvironmentalR ( MEHTA ) v KENSINGTON & CHELSEA ( 2024 ) EWHC1986 ( Admin ) concerned the Council’s decision to revoke a Certificate of Lawful Proposed Use or Development on the basis that materially false information had been given in support of the application for the Certificate. The Court observed, at para 35, that a local authority’s decision to revoke a Certificate comprises 3 elements : ( 1 ) there must be a finding that false statements were made, or information withheld; ( 2 ) there needs to be a finding that any false statements or withheld information were material; and ( 3 ) if positive findings are made in each of those, then it is for the authority to decide whether to exercise its discretion to revoke the Certificate.
ECHR ARTICLES 9 and 10
July 31st, 2024 by James Goudie KC in Human Rights and Public Sector Equality DutyIn SUTCLIFFE v SoS for Education ( 2024 ) EWHC 1878 ( Admin ) the Court observes that Articles 9 and 10 of the European Convention of Human Rights, the freedoms of religion and expression, are both qualified rights, subject to the public interest balance test. It was fundamental that teachers should not only educate but should also safeguard the wellbeing of children in their care, and treat them with dignity and respect. Insofar as the Teachers’ Standards qualified a teacher’s Article 9 and 10 rights, such qualifications were proportionate.
HOUSING TARGETS
July 31st, 2024 by James Goudie KC in Planning and EnvironmentalThe Government has announced an overhaul of the planning system. Measures include to give all Councils in England new, mandatory, housing targets’ updating the method used to calculate housing targets, and requiring Councils to ensure houses are built in the right places and development is proportionate to the size of existing communities.
The default answer to brownfield development is to be : “ Yes. “ Land released in Green Belts is to be subject to “ golden rules”. Changes are to be made in relation to right to buy and capital receipts.
There will be a Planning and Infrastructure Bill, and revisions to the NPPF before the end of 2024.
NPPF
July 31st, 2024 by James Goudie KC in Planning and EnvironmentalA Government Consultation seeks views on revisions to the NPPF and on a number of wider planning policy reforms, including planning fees, Local Plan intervention criteria, and thresholds for Nationally Significant Infrastructure Projects.
NEW TOWNS
July 31st, 2024 by James Goudie KC in HousingThe Government has published a Policy Statement on a new generation of New Towns. These would be large scale communities of at least 10, 000 new homes each. Locations will be recommended within 12 months.
There will be a NEW TOWNS CODE. This will be a set of rules that developers will have to meet to make sure New Towns are well connected, well designed, sustainable and attractive.