In Z v MOORE (2024) UKUT 204 ( LC ) a business unit comprised both a warehouse and an office. It is held to be a single hereditament. The parts were not sef contained and were not severable. There was a single territorial block. The uunit was physically a single whole with a paramount occupier.
PLANNING UNIT
August 13th, 2024 by James Goudie KC in Planning and EnvironmentalRICHMOND UPON THAMES LBC v ARIYO ( (2024) EWCA Civ 960 is concerned with the general principle of planning law that changes of use are generally judged by reference to the “ planning unit “.
The planning unit , at least in general terms, is the whole of an area in single occupation used for a main purpose to which other purposes are ancillary. The concept of an ancillary use is also a well-established part of planning law; and where a change of use is permitted it will generally extend to land used as ancillary to the changed use, if part of the same planning unit.
LOCAL AUTHORITIES AS TRUSTEES FOR CHARITIES
August 9th, 2024 by James Goudie KC in Decision making and ContractsThe Charity Commission has updated Guidance for Council Members and Officers when their Council is Trustee of a Charity. The Commission is seeing a “ significant number ‘ of cases where local authorities have failed to comply with their legal responsibilities a charity trustees. Common problems include changing the use or status of charitable land, or disposing of it, in a way that is not compatible with its charitable purpose.
The Guidance states that (1) it is important that authorities understand which of the assets they manage or own are charitable, and (2) they should then ensure that they are familiar with the different legal requirements and legal restrictions on actions in relation to assets that are charitable rather than simply owned.
The Guidance (1) outlines what is expected in the role of trustee, (2) gives advice on how to handle issues such as managing CONFLICTS OF INTEREST, (3) explains requirements in relation to filing Accounts, and (4) sets out rules around disposing of CHARITY LAND.
MEMBERSHIP OF A COMPANY
August 5th, 2024 by James Goudie KC in Capital Finance and CompaniesIt 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.