The PSED is not triggered by a reformulation of policy, as distinct from a change of policy : Miyanji v SSHD (2017) EWHC 1939 (QB).
Open Spaces
August 7th, 2017 by James Goudie KC in Environment, Highways and LeisureIn R (Muir) v Wandsworth LBC (2017) EWHC 1947 (Admin) Lang J held that the Council lacked the power to grant a 15 year lease of a building on Wandsworth Common for use as a nursery for pre-school children. Under Section 10 of the Open Spaces Act 1906 and a Greater London Open Spaces Order the Council held not only the Common itself but also buildings on the Common on a statutory trust. The beneficiaries of the trust are the inhabitants of Wandsworth. The Council was obliged to maintain access for all local residents for the primary purpose of public recreation.
Meaning of “Highway”
August 7th, 2017 by James Goudie KC in Environment, Highways and LeisureIn Southwark LBC v Transport for London (2017) EWCA Civ 1220 the Court of Appeal applied the common law meaning of “highway” as only the road surface and “the top two spits” of subsoil necessary to use as a highway, and not the entire vertical interest in the land on which the highway runs.
Employment Contract
August 7th, 2017 by James Goudie KC in Decision making and ContractsIn Dudley MBC v Willetts, UKEAT/0334/16/JOJ, the President of the EAT, Simler J, held that payment for voluntary overtime which is regularly worked is normal remuneration for the purposes of calculating holiday pay notwithstanding that there is no obligation in the employment contract itself to perform the work.
Council Tax
August 7th, 2017 by James Goudie KC in Council Tax and RatesThe doctrine of res judicata applies in respect of Valuation Tribunal decisions only where there is close alignment of the parties and the factual or legal issues determined in the decisions: Okon v Lewisham LBC (2017) EWHC 1933 (Admin).
Housing
July 31st, 2017 by James Goudie KC in HousingThe appeal in Ealing LBC v R (H) (2017) EWCA 1127 concerned the lawfulness of the Council’s housing allocation policy insofar as it set aside a small but not insignificant proportion of letting for working households and model tenants. It had been alleged that the former unjustifiably discriminated, indirectly, against women, the elderly and the disabled, and that the letter discriminated, directly, against non- council tenants. The claim was based on ss 19,29 and 149 of EA 2010, Arts 8 & 14 of ECHR and s 11 of CA 2004. The Court of Appeal allowed the Council’s appeal.
Stay on entering into contract
July 24th, 2017 by James Goudie KC in Decision making and ContractsIn Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust (2017) EWHC 1824 (TCC) Coulson J reiterated the principles of law applicable to lifting the automatic suspension of a contracting authority’s ability to enter into a contract covered by the public procurement regime, as follows:- Read more »
Town and Village Greens
July 19th, 2017 by James Goudie KC in Environment, Highways and LeisureIn R (St John’s College, Cambridge) v Cambridgeshire County Council (2017) EWHC 1753 (Admin) the College sought permission to apply for judicial review of two decisions of the Council in its capacity as commons registration authority for the area under the Commons Act 2006. The decisions challenged related to an application on behalf of a Residents Association to register land belonging to the College as a town or village green under Section 15 of the 2006 Act. The case raised, apparently for the first time, the question whether the correction of defective applications to ensure that they are duly made under the 2006 Act is limited to one occasion only. Read more »
Sex shop licensing
July 19th, 2017 by James Goudie KC in Environment, Highways and LeisureIn R (Hemming) v Westminster City Council (2017) UKSC 50, Supreme Court Judgment on 19 July 2017, is a sequel to the Supreme Court’s previous judgment dated 29 April [2015] UKSC 25; [2015] AC 1600. It is written with the benefit of the Court of Justice’s answer dated 16 November 2016 ((Case C-316/15) [2017] PTSR 325) to the question which that judgment referred to the Court of Justice. The appeal concerns fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the Council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (“enforcement costs”). The respondents’ applications all in the event succeeded. Read more »