DECISION MAKER

September 24th, 2025 by James Goudie KC in Decision making and Contracts

The mere fact that a decision-maker ( Full Council ) was provided with the material necessary to make a decision ( to adopt a council tax reduction scheme for working aged people ) and might have made the same decision in any event , could not save the decision from a finding of unlawfulness if it was in fact taken by someone else ( the Executive ). So held in R ( LL ) v TRAFFORD MBC ( 2025 ) EWHC 2380 ( Admin ).

 

INJUNCTION AGAINST PERSONS UNKNOWN

September 23rd, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

In NORTH WARWICKSHIRE v DEFENDANTS LISTED AT SCHEDULE A to JUDGMENT ( 2025 ) EWHC 2403 ( KB) the Court emphasises the importance of a REVIEW HEARING, particularly in cases involving PERSONS  UNKNOWN. At para 13, the Judge says that a review hearing is NOT an opportunity to review the merits of the original hearing afresh. The proper focus of the review is to consider whether anything material has changed since the injunction and power of arrest were granted.

 

ASSESSMENT

September 22nd, 2025 by James Goudie KC in Housing

Where there have been deficiencies in a housing assessment under Section 189A of the Housing Act 1996, and the authority’s subsequent review under Section 202 has cured those deficiencies, the review decision cannot be set aside on the basis of those original deficiencies. So reaffirmed in FATOLAHZADEH v BARNET LBC ( 2025 ) EWCA Civ 1174.

 

HOUSING BENEFIT

September 17th, 2025 by James Goudie KC in Housing

Entitlement to housing benefit without having to make a fresh claim in changed circumstances is the subject matter of SoS FOR WORK AND PENSIONS v SC/MJ v BROMLEY LBC (2025) UKUT 299 (AAC).  One of the entitlement conditions was presence in Great Britain.  They were temporarily out of Great Britain, during which time the authorities ruled that the original benefit award was superseded (the supersession decision), which had the effect that their continuing benefit entitlement came to an end and required them to make a new claim on their return.  The issue was whether there should have been a closed period supersession decision, applying only whilst they were outside Great Britain.  The answer was: No.

 

SOCIAL CARE

September 16th, 2025 by James Goudie KC in Social Care

Following its review of disabled children’s social care law, a Law Commission final report concludes that the area of law has become increasingly complex, inaccessible, outdated, and potentially unfair. It recommends: a simplified and unified legal framework for disabled children’s social care law, sitting within the Children Act 1989; a single, comprehensive piece of statutory guidance on disabled children’s social care law, setting out the rights and responsibilities of disabled children, families, and local authorities; an updated definition of disability; a single duty to meet the social care needs of disabled children, subject to national eligibility criteria; a right to independent advocacy for disabled children; a statutory requirement that planning for disabled children to make the transition to adulthood should start by the age of 14; clarification of the dividing line between health and social care; and a fair, accessible, independent and effective system for resolving disputes about social care for disabled children.

 

CONTEMPT OF COURT

September 12th, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

In MACPHERSON v SUNDERLAND CITY COUNCIL ( 2025 ) EWCA Civ 1159 the Court of Appeal emphasizes that the fact that someone profoundly disagrees with a Court Order does not entitle them to choose not to comply with it : paragraph 33. A sentence of immediate imprisonment was “ plainly right “ , “ proportionate “ and “ appropriate “ , having regard to “ serious and repeated “ flouting of the Order: repeated breaches of Orders will “ almost inevitably  lead to custodial sentences being passed “ : para 37.

 

COUNCIL TAX ADMINISTRATION

September 12th, 2025 by James Goudie KC in Council Tax and Rates

The LGA has published its Response to the MHCLG Consultation on the administration of council tax, including council tax collection practises.

 

RATES

September 11th, 2025 by James Goudie KC in Council Tax and Rates

HM Treasury has published an Interim Report on TRANSFORMING BUSINESS RATES. The Government aims to provide a further update in the AUTUMN BUDGET on its plans to update the system.

 

PERMITTED DEVELOPMENT RIGHTS

September 5th, 2025 by James Goudie KC in Planning and Environmental

In R ( RICKARDS ) v EAST HERTS DC ( 2025 ) EWHC 2238 ( Admin ) the Court states, at para 68, that crucially, with permitted development rights, the principle of development is already established by statute, and that what is left to consider is how that development should be implemented. At para 72 the Judge adds, in relation to lightness of touch, there is a distinction to bedrawn between considering whether permitted development rights apply and the details of the development subject to which those rights are exercised.

 

BACKGROUND PAPERS

September 5th, 2025 by James Goudie KC in Decision making and Contracts

See R ( Wild Justice ) v Pembrokeshire Coast National Park Authority ( 2025 ) EWHC 2249 ( Admin ) in relation to background papers for a Council Report : at para 58 for what constitute background papers; at paras 59-61 on whether non-publication is unlawful; and at para 62 on whether there is a breach of procedural fairness.

 

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