Land Disposal – R (Day) v Shropshire Council

March 29th, 2022 by James Goudie QC in Land, Goods and Services

The Supreme Court has given permission to appeal in R (Day) v Shropshire Council about a dispute over what happens when a local authority disposes of land which is subject to a statutory trust for public recreational services without complying with the relevant statutory requirements.

 

Service of Judicial Review Claim Form

March 24th, 2022 by James Goudie QC in Judicial Control, Liability and Litigation

See R (Good Law Project) v SoS (2022) EWCA Civ 355 at para 39 on the need for promptness and speed in judicial review claims generally, and procurement challenges in particular, at para 41 on the importance of valid service of claim forms, and at paras 78-80 inclusive applications for extension of time. At para 57 the Court of Appeal says that, provided the Defendant has done nothing to put obstacles in the Claimant’s way, a potential Defendant is under no obligation to give positive assistance to the Claimant to serve. The potential Defendant can sit back and await developments. There is no duty on the Defendant to warn a Claimant that valid service of a claim form has not been effected.

 

Borrowing

March 24th, 2022 by James Goudie QC in Capital Finance and Companies

The Combined Authorities (Borrowing) Regulations 2022, S.I. 2022/358, provide the North of Tyne, South Yorkshire and West Yorkshire Mayoral Cas with power to borrow money for any function.

 

Adverse Possession

March 23rd, 2022 by James Goudie QC in Land, Goods and Services

Milton Keynes Council v Wilsher (2022) EWHC 578 (QB) restates, at para 5, the approach to be taken in determining a question of adverse possession : –

Read more »

 

Environmental Concerns and Insolvency

March 22nd, 2022 by James Goudie QC in Environment, Highways and Leisure

In the exercise of insolvency powers, significance should be afforded to concerns by the local authority and others about damage to the environment and detriment to the locality: In the Matter of Baglan Operations Ltd (2022) EWHC 647 (Ch).

 

Looked After Children

March 18th, 2022 by James Goudie QC in Social Care

On unregulated accommodation for “looked after” children under 16, and Regulation 27A of the Care Planning and Place Review (England) (Amendment) Regs 2021, S.I.2021/161, and an unsuccessful challenge in relation to irrationality, the PSED and consultation, see R (Article 39) v SoS (2022) EWHC 589 (Admin).

 

Breach of Planning Control

March 18th, 2022 by James Goudie QC in Planning and Environmental

On (1) effective service of Orders, (2) proceeding in landowners’ absence, and (3) continuing interim injunction, to restrain breach of planning control, see. North Northants Council v Mangan (2022) EWHC 536 (QB).

 

Climate Change

March 18th, 2022 by James Goudie QC in Environment, Highways and Leisure

On the intensity of judicial review, and on the interpretation of international treaties, specifically the Paris Agreement on Climate Change, see R (Friends of the Earth) v SoS (2022) EWHC 568 (Admin).

 

Fixed-Term Tenancies

March 11th, 2022 by James Goudie QC in Housing

In Croydon LBC v Kalonga (2022) UKSC 7 the Supreme Court considered a local housing authority seeking possession of a secure tenancy. An unexpired fixed term is not subject to termination under Section 82(1)(b) of the Housing Act 1985 unless and until, by forfeiture or otherwise, the landlord has an existing right to terminate early under the tenancy (1) which has become exercisable and (2) any requisite steps have been taken.

 

Local Government Reorganisation

March 4th, 2022 by James Goudie QC in General

In R (Cumbria County Council) v SoS (2022) EWHC 388 (Admin) Fordham J. refused to the County Council’s renewed application on a number of grounds for permission to bring Judicial Review proceedings against a decision of the SoS, following Statutory Guidance and consultation, to split the County into 2 unitary authorities. There was no reasonable arguability with a realistic prospect of success.  The Statutory Guidance was not an unlawful departure from Government policy in relation to “minimum population size”. Nor had the SoS acted unlawfully with respect to the possibility of a Mayoral Combined Authority, the strengths and weaknesses of an East/West proposal and a single unitary proposal, or consistency with his North Yorkshire decision.