In NORTHUMBERLAND HEALTH CARE NHS FOUNDATION TRUST v HMRC (2025) UKSC 37 the Supreme Court is concerned with the provision of car parking for reward at or near a hospital site. The Court addresses VAT on “economic activities”, when a supply of goods and services by a public body is not to be treated as a supply by a taxable person, and when a public body is to be treated as acting as a public authority and there is a “special legal regime.” The Supreme Court also addresses the issue of distortion of competition.
POLLUTION AND WASTE
October 29th, 2025 by James Goudie KC in Planning and EnvironmentalOn 28 October 2025, the House of Lords Environment and Climate Change Committee has issued a publication and made Recommendations in relation to WASTE CRIME; and on 29 October 2025 OFWAT has launched a CONSULTATION on proposed changes to PERFORMANCE COMMITMENTS IN RELATION TO POLLUTION.
BUSES
October 29th, 2025 by James Goudie KC in Environment, Highways and LeisureA Committee of Public Accounts Report, published on 29 October 2025, raises concerns over ACCESSIBILITY FOR ELDERLY AND DISABLED PEOPLE and makes a number of Recommendations to the Department for Transport.
TORTIOUS LIABILITY
October 29th, 2025 by James Goudie KC in Judicial Control, Liability and LitigationOn tortious liability, see MARPLES v SoS for EDUCATION (2025) EWHC 2794 (Ch) : (1) on misfeasance in public office, including targeted malice, at paras 158-177; and (2) on negligence, including assumption of responsibility and pure economic loss, at paras 178-210.
ENVIRONMENTAL PROTECTION
October 29th, 2025 by James Goudie KC in Planning and EnvironmentalSee R ( BADGER TRUST ) v NATURAL ENGLAND (2025) EWHC 2761 (Admin) on (1) justification for redactions in disclosed decision-making documents : parties cannot contract out of their open justice principles obligations : para 13; and (2) AARHUS Cost Caps : in deciding whether to allow a variation, the central issue is prohibitive expensiveness : para 29.
RENTED PROPERTIES
October 28th, 2025 by James Goudie KC in Land, Goods and ServicesThe RENTERS RIGHTS ACT has become law. It gives local housing authorities (LHAs) significantly enhanced powers. These include to enter business and residential properties without a warrant, to demand documentary evidence of compliance, to impose civil penalties for new offences, and to take action against landlords who fail to register on the new private sector landlord database, or who market properties illegally. Part 4 of the Act relates to enforcement. Chapter 2 of Part 4 relates to enforcement authorities. It will be the duty of every LHA to enforce the “ landlord legislation “ in its area. Chapter 3 relates to investigatory powers, including to require information. The Secretary of State may issue or approve GUIDANCE for LHAs and the administrators of landlord redress schemes about cooperation between LHAs and persons exercising functions under such schemes.
BUSES
October 28th, 2025 by James Goudie KC in Environment, Highways and LeisureThe Bus Services (No 2) Act has become law. Amongst other matters, it tightens requirements for cancelling routes empowers Councils to identify services as socially necessary, and lifts the ban on Councils setting up their own bus companies.
MISFEASANCE
October 28th, 2025 by James Goudie KC in Judicial Control, Liability and LitigationThe law on liability for the tort of misfeasance in PUBLIC OFFICE is set out at paras 181-186 inc in WILKINSON v HMRC (2025) EWHC 2773 (KB).
HOMELESSNESS
October 28th, 2025 by James Goudie KC in HousingLONDON BOROUGH OF ENFIELD v A (2025) EWCA Civ 1355 concerns OUT OF BOROUGH PLACEMENTS. The Court of Appeal holds that a failure to give NOTIFICATION under Section 208 of the Housing Act 1996 within the statutory time limit does NOT affect the suitability of accommodation offered. It is the suitability of the offered accommodation that is the subject of any review . Any appeal must challenge the lawfulness of that decision. The duty under Section 208 is a “collateral duty”. Breach does not impugn the lawfulness of a review decision or the suitability of the offered accommodation. An appeal under Section 204 is limited to grounds that go to the legality of the review decision.
GREEN BELT
October 27th, 2025 by James Goudie KC in Planning and EnvironmentalThe Greater Manchester Combined Authority (GMCA)is made up of the ten Greater Manchester Councils and the Mayor of Greater Manchester. The GMCA has submitted a Joint Development Document (the Plan or DPD) to the SoS for examination on behalf of 9 of the 10 Councils. The SoS appointed an Inspector to examine the Plan. The Inspector recommended adoption of the Plan. In SAVE GREATER MANCHESTER GREEN BELT LTD v Sos for HCLG and GMCA the Claimants, who opposed the development of housing on green belt land, applied for statutory review of the adoption .The Court addressed examination of DPDs (paras27-34), challenge to a DPD ( paras 35-43), policies in the NPPF in relation to Green Belt (paras 44-101), the Examination (paras 102-108), and the Inspector’s Report (paras 109-122). All 5 Grounds of challenge were dismissed : paras 10/11 and 123).