In PRIMAVERA ASSOCIATES LTD V HERTSMERE BOROUGH COUNCIL (2022) EWHC 1240 (Ch) the defendant local planning authority applied, with partial success, to strike out a witness statement made on behalf of the claimant property development company. The claimant alleged that the Council had been negligent in its planning process. Written statements are to contain evidence that the maker would be allowed to give orally. They are not to provide commentary on documents or engage in argument or include opinion. They must state how well the witness personally recalls the matter addressed and provide details of documents used to refresh memory in respect of matters of fact. They can provide relevant background information known to the witness.
Civil Procedure Rules
May 30th, 2022 by James Goudie KC in Judicial Control, Liability and Litigation
Public Benefit Requirement
May 30th, 2022 by James Goudie KC in Council Tax and RatesThe Supreme Court has, on 27 May 2022, given the Council permission to appeal in the important case of Merton LBC v Nuffield Health. The case is on qualifying for mandatory charitable relief from non-domestic rates. The majority of the Court of Appeal, (2021) EWCA Civv826, held that the question of public benefit does not need to be assessed separately for each site on which a charity carries out its charitable activity.
The Procurement Bill
May 25th, 2022 by James Goudie KC in Decision making and ContractsThe Procurement Bill has 13 Parts and 11 Schedules, and runs to 122 pages. Part 1 contains key definitions. Part 2 sets out principles and objectives.
Planning Decision
May 25th, 2022 by James Goudie KC in Planning and EnvironmentalIn R (Goesa) Ltd v Eastleigh BC (2022) EWHC 1221 (Admin) Holgate J. sets out the statutory framework in relation to a grant of planning permission as follows:-
Paris Agreement
May 24th, 2022 by James Goudie KC in Environment, Highways and LeisureIn BUTLER-SLOSS v CHARITY COMMISSION (2022) EWHC 974 (Ch) the Court considered the relationship between the investment powers and duties of charitable trustees and the charitable purposes of the particular charity. Policies were ruled lawful that would exclude, so far as possible, investments that were not aligned with the goals of the Paris Agreement on Climate Change.
Overlapping Regulatory Regimes
May 24th, 2022 by James Goudie KC in Planning and EnvironmentalIn R (Vanbrugh Court Residents Association) v London Borough of Lambeth (2022) EWHC 1207 (Admin) a judicial review challenge to a grant of planning permission fails. The permission was for a roof level extension to a four storey block of flats so as to provide sixteen additional residential units and five external lifts. Thornton J. summarises the legal frameworks on material considerations (paras 18-22), overlapping regulatory regimes (para 23), duty of sufficient inquiry (para 24), the Court’s review of Planning Officer Reports (para 25), and interpretation of planning policy (para 26). A local planning authority is entitled to place reliance on the effective operation of other regulatory regimes, but must assess them sufficiently so as to be able to satisfy itself that the other regulatory regime is capable of regulating the relevant issues. The existence of the other regulatory regime is a material planning consideration, to be weighed in the balance. Thornton J. adds (para 39) that the existence of the building control regime was a material planning consideration, to be weighed in the balance. It was open to the Council to place reliance upon the effective operation of the regime in determining the planning application, provided it satisfied itself that the building control regime was capable of regulating the relevant issues.
Judicial Review and Courts Act 2022
May 23rd, 2022 by James Goudie KC in Judicial Control, Liability and LitigationPart 1 of the Judicial Review and Courts Act 2022 relates to Judicial Review. It consists of two Sections. Section 1 relates to quashing orders. Section 2 excludes review of Upper Tribunal permission to appeal decisions. Section 1(1) provides that a quashing order may include provision (a) for the quashing not to take effect until a date specified in the order, or (b) removing or limiting any retrospective effect of the quashing. In deciding whether to exercise a power in subsection (1) the Court must have regard to six specified matters.
Elections Act
May 23rd, 2022 by James Goudie KC in Elections and BylawsThe Elections Act 2022 has 7 Parts and 12 Schedules. Part 1 relates to administration and conduct of elections. It includes provisions on voter identification, postal and proxy voting, undue influence, assistance with voting for persons with disabilities. Part 2 relates to overseas electors and EU citizens, Part 3 to the Electoral Commission, Part 4 to regulation of expenditure, Part 5 to disqualification, and Part 6 on information to be included with electronic material. Part 7 is General.
Severance Payments
May 18th, 2022 by James Goudie KC in Best ValueThe Department for Levelling Up etc published Statutory Guidance on 12 May 2022 on the making and disclosure of “Special Severance Payments” by local authorities in England. The Guidance is expressed to be “part of the best value regime”, is is issued under Section 26 of the Local Government Act 1999, and regard must be had to it pursuant to Section 3 of that Act.
Subsidy Control
May 10th, 2022 by James Goudie KC in Capital Finance and CompaniesPublic funding/support given in the UK since 1 January 2021 has no longer been subject to EU State Aid Law. Compliance has since then been required with the Trade and Co-Operation Agreement between the UK and the EU (the TCA), incorporated into domestic law by Section 29 of the EU (Future Relationships) Act 2020. Now the Subsidy Control Act 2022 (the Act) has been enacted, and Regulations are to be made, and Guidance provided thereunder, including with respect to “Subsidies of Particular Interest” and “Subsidies of Interest”, under Section 11 of the Act. Main purposes of the Act are to provide detail on the implementation of the TCA and to define “subsidy”.