With effect from 26 October 2024, the Worker Protection ( Amendment of Equality Act 2010 ) Act 2023 will introduce a duty on employers to take “ reasonable steps “ to prevent sexual harassment of their employees in the workplace.
Sexual Harassment
October 30th, 2023 by James Goudie KC in Judicial Control, Liability and Litigation
Property Guardians
October 30th, 2023 by James Goudie KC in HousingThe Court of Appeal in GLOBAL 100 LTD v JIMENEZ ( 2023 ) EWCA Civ 1243 holds that parts of former office buildings included HOUSES IN MULTIPLE OCCUPATION under Section 254 of the Housing Act 2004. The buildings were occupied by “ property guardians “. Their “ only use “ of living accommodation was as their main residence.
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
Agent of change principle
October 25th, 2023 by James Goudie KC in Planning and EnvironmentalThe Agent of Change Principle is expressed at paragraph 187 of the NPPF: planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities. This is because existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established. In R (TOTTENHAM HOTSPUR LTD) v HARINGEY LBC (2023) EWHC 2569 (Admin) Saini J at paragraphs 48-50 inclusive rejected a challenge that the LPA had failed lawfully to apply the principle, in relation to a major primarily residential redevelopment adjacent to the Tottenham Hotspur Stadium, The planning framework created a framework which would ensure that access to the Stadium, a key planning consideration, would be satisfactorily achieved without unreasonable impact on the Club. The Principle does not demand no impact. A judgment by the LPA is required.
IMPROVEMENT NOTICES
October 4th, 2023 by James Goudie KC in HousingIn BARKING & DAGENHAM LBC v GBADEGESIN (2023) EWHC 2571 ( KB ) the Council was granted a final injunction to secure compliance with Improvement Notices under Sections 11 & 12 of the Housing Act 2004. The remedial works required by the Notices remained outstanding. That was despite the landlord having been convicted pursuant to Section 30 of the Act of failure to comply with the Notices.
SUBSIDY CONTROL/STATE AID
September 21st, 2023 by James Goudie KC in Capital Finance and CompaniesSection 2 of the Subsidy Control Act 2022 defines “subsidy”. It includes conferring an “economic advantage” on one or more “enterprises”, elaborated upon in Section 3, and financial assistance which is “specific”, elaborated upon in Section 4. These concepts derive from EU State Aid Law, and have been considered by the General Court in its Judgment on 20 September 2023 in MAGNETROL INTERNATIONAL v EUROPEAN COMMISSION. The Court says at paragraph 45-47 inclusive that the concepts of “advantage” and “selectivity” are 2 separate criteria, but may be examined together.
So far as “advantage” is concerned, in order for there to be State Aid the measure must “improve the financial situation of the recipient”. So far as “selectivity” is concerned, in order for them to be State Aid the measure must not benefit other undertakings that are in a factual and legal situation “comparable” to that of the recipient.
UNLAWFUL PROTESTS
September 1st, 2023 by James Goudie KC in Judicial Control, Liability and LitigationEsso v Breen ( 2023 ) EWHC 2013 ( KB ) concerns an application for a permanent injunction to restrain unlawful protests. The claimant must (1) establish a specific cause of action’ (2) as regards persons unknown, satisfy the Canada Goose guidance in so far as it applies to final relief, (3) satisfy s 12(2) HRA 1998 as to service, and (4) show interference with ECHR Articles 10 and 11 is justified.
VICARIOUS LIABILITY
August 25th, 2023 by James Goudie KC in Judicial Control, Liability and LitigationIN MXX v A Secondary School ( 2023 ) EWCA Civ 996 the Court of Appeal examines the 2 stage test for vicarious liability : (1 ) Whether the relationship of the defendant and the tortfeasor is one that is capable of giving rise to vicarious liability, which is not limited to employment, and ( 2 ) , if so, whether whether the connection that links that relationship between the defendant and the tortfeasor with the act or omission of the tortfeasor is sufficiently close to give rise to vicarious liability.
HOMELESSNESS
August 14th, 2023 by James Goudie KC in HousingIn R ( Ahamed ) v Haringey LBC ( 2023 ) EWCA Civ 975 the Court of Appeal considers the relationship between Sections 189B and 193 of the Housing Act 1996. At paragraph 46 Newey LJ says that he would not exclude the “ possibility “ of a person being homeless, and so owed the main housing duty, despite having suitable accommodation available for occupation and a reasonable prospect of retaining it for at least 6 months, but that this is not a likely scenario. TYPICALLY the matters rendering the accommodation potentially suitable for at least 6 months will also “ tend to make “ it such as it would be reasonable to continue to occupy.