Chamberlain J, the Judge in charge of the Administrative Court, has issued an important Administrative Court PRACTICE STATEMENT, in relation to OPPOSED APPLICATIONS FOR EXTENDING TIME. It sets out the PROCEDURE that will apply to Administrative Court work in London, except in Planning Court cases and in specified circumstances. The Statement indicates that, following feedback, the new procedure may be extended to Administrative Court centres outside London and to Planning Court claims.
ADMINISTRATIVE COURT
March 11th, 2026 by James Goudie KC in Judicial Control, Liability and Litigation
BUILDING SAFETY
March 11th, 2026 by James Goudie KC in HousingThe Senedd has enacted the Building Safety ( Wales ) Act 2026 . This establishes a new building safety regime for residents of SHARED BUILDINGS across Wales, regardless of building height and tenure. The legislation (1) requires FIRE RISK ASSESSMENTS BY COMPETENT PERSONS, (2) establishes LEGAL RESPONSIBILITIES FOR BUILDING MANAGERS, and (3) empowers residents with ROUTES OF REDRESS.
PUBLIC PROCUREMENT
March 10th, 2026 by James Goudie KC in Decision making and ContractsThe Social Partnership and Public Procurement ( Wales ) Regulations 2026, S.I. 2026, coming into force mostly on 25 March 2026, supplement the Social Partnership and Public Procurement ( Wales) Act 2023.
LGPS
March 9th, 2026 by James Goudie KC in GeneralThe LGPS Regulations 2013 are further amended, from 1 April 2026, by the LGPS ( Miscellaneous Amendments ) ( Member Benefits ) Regulations 2026, SI 2026/226.
INFLUENCE or CONTROL
March 6th, 2026 by James Goudie KC in Capital Finance and CompaniesDBT statutory Guidance, published on 6 March 2026, details how “ significant influence or control “ should be interpreted in relation to (1) companies and (2) LLPs.
COLLECTIVE PROCEEDINGS
March 6th, 2026 by James Goudie KC in Judicial Control, Liability and LitigationROBERTS v SEVERN TRENT WATER and other WATER COMPANIES, with OFWAT as Intervener, ( 2026 ) EWCA Civ 222 considers COLLECTIVE PROCEEDINGS/a CLASS REPRESENTATIVE CLAIM , in the context of pollution ( by water & sewerage undertakings as statutory monopoly suppliers allegedly abusing a dominant position). A CCOLLECTIVE PROCEEDINGS ORDER may be made under Section 47B(4) of the Competition Act 1998. The majority hold that the CLAIM IS BARRED. This is because it claimed remedies that were available only “ by virtue of “ the acts complained of constituting alleged contravention of a regulatory regime ( under the Water Industry Act 1991).
SUBSIDY CONTROL
March 4th, 2026 by James Goudie KC in Capital Finance and CompaniesA subsidy control challenge failed, including on the basis of DELAY, in NEW LOTTERY CO LTD v GAMBLING COMMISSION ( 2026 ) CAT 14. THE CAT held that there was NO SUBSIDY, because the COMMERCIAL MARKET OPERATOR ( CMO ) PRINCIPLE , developed in the State Aid era applied, referring at paras 67-92, to case law on the CMO Principle, including the Sky Blue Sports cases in the Court of Appeal and CJEU cases. There was consistency with normal market conditions. Bacon J gives guidance on how the CMO Principle applies in cases where a public authority is pursuing both public policy and commercial objectives, and where there is no actual market comparator.
WALES
March 4th, 2026 by James Goudie KC in Environment, Highways and LeisureThe Senedd has enacted the Environment ( Principles, Governance and Biodiversity Targets ) ( Wales ) Act. The Act (1) establishes a NEW FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN WALES, (2) Crates a new OFFICE in Wales of ENVIRONMENTAL GOVERNANCE, and (3) sets BIODIVERSITY TARGETS.
PUBLIC ORDER ACT SECTION 5
March 3rd, 2026 by James Goudie KC in Judicial Control, Liability and LitigationDPP v COSKUN ( 2026 ) EWHC 427 ( Admin ) holds that whether conduct (1) amounted to DISORDERLY BEHAVIOUR and (2) was “ likely” to cause a person HARASSMENT. ALARM or DISTRESS are SEPARATE AND DISTINCT QUESTIONS. Each is a question of fact, to be judged objectively. Moreover, a conviction may represent a necessary and proportionate interference with ECHR Article 10 freedom of expression rights, which extend beyond written or spoken words to “expressive acts”.