RIGHT OF WAY

March 13th, 2025 by James Goudie KC in Environment, Highways and Leisure

In relation to the use by the public of a way over land, and limitation, in RAMBLERS ASSOCIATION v SoS ( 2025 ) EWHC 537 ( Admin ) the Court considers the meanings in Section 31 of the Highways Act 1980 of “actually enjoyed” and “interruption.”

 

PERSONAL CARE

March 12th, 2025 by James Goudie KC in Social Care

Under the Care Act 2014 the duty to promote an individual’s wellbeing is tailored to that individual’s needs, feelings, beliefs and best interests. This is reinforced by Statutory Guidance. The statutory provisions envisage that personal dignity and protection from abuse and neglect, in addition to other aspects of a person’s wellbeing will be promoted via the detailed needs assessment and care support plan created in each case. In R ( VRP ) v KINGSTON UPON THAMES RLBC ( ( 2025 ) EWHC 504 ( Admin ) the claimant applied for judicial review of the Council’s system for the provision of same-sex personal care for adult females. She argued that the Council had a duty to operate a system  that generally ensured, or had the object of ensuring, the provision of same-sex personal and intimate care for female service users. The argument failed. The Act did not support such a duty. Nor did the Equality Act or ECHR Articles 3 & 8.

 

LOCAL PLANS

February 28th, 2025 by James Goudie KC in Planning and Environmental

A MHCLG “ Collection “, published on 27 February 2025, gathers together information and resources for local planning authorities on creating a Local Plan, that reflect (1) the current legal framework for Local Plans, (2) the NPPF, PPGs and other planning guidance and policy,(3) digital technology, and (4) the implementation “ later this year “ of the new plan-making system introduced by the Levelling-up and Regeneration Act 2023.

 

WALES

February 28th, 2025 by James Goudie KC in Standards

A Standards of Conduct Committee Report “ Individual Member Accountability : Deliberate Deception “ makes 11 Recommendations . These include that the Welsh Government should legislate to make it a clearly defined offence for a Senedd candidate or election agent to make or publish DELIBERATELY DECEPTIVE STATEMENTS/INFORMATION for the purpose of affecting how a vote is given at Sened elections.

 

EXCLUSION FROM CONTRACTS

February 27th, 2025 by James Goudie KC in Decision making and Contracts

Changes made by the Procurement Act 2023, in force from 24 February 2025, include ( 1 ) a new MANDATORY EXCLUSION ground for participating in a cartel, ( 2 ) a DISCRETIONARY EXCLUSION ground for potential competition infringements, and ( 3 ) the introduction of a CENTRAL DEBARMENT Register. Suppliers who breach competition law risk ( i) exclusion from individual public procurements and ( ii ) being added to the Central Debarment Register, resulting in EXCLUSION FROM ALL CONTRACTS subject to public procurement, for 5 years. The COMPETITION AND MARKETS AUTHORITY has, on 26 February 2025, published a INFORMATION NOTE on “Exclusion and Debarment on Competition Grounds.”

 

CONTRACTING AUTHORITIES

February 26th, 2025 by James Goudie KC in Decision making and Contracts

On 24 February 2025 the Cabinet Office has issued GUIDANCE on the role of the Procurement Review Unit (PRU).  The PRU will have responsibility for “oversight” of the new regime under the Procurement Act 2023. Its initial aim will be to ensure that the changes introduced by the Act are “embedded within contracting authorities”. The PRU will investigate (1) contracting authorities, to ensure compliance with  the Act and (2) suppliers, for possible addition to the Debarment List.  Private utilities and some NHS personal care services are, however, out of scope of the PRU. The Guidance states that the PRU is designed to deliver the following benefits:-

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ECHR ARTICLE 4

February 25th, 2025 by James Goudie KC in Human Rights and Public Sector Equality Duty

In R ( RWU ) v ACADEMY GB (2025 ) EWCA Civ 147 it is held that the trigger or threshold test for identifying a case of  potential CHILD CRIMINAL EXPLOITATION is whether the state authorities were aware or ought to have been aware of circumstances giving rise to a credible suspicion that the child concerned had been trafficked or exploited or that there was a real and immediate risk of their being trafficked.

 

JURISDICTION

February 24th, 2025 by James Goudie KC in Judicial Control, Liability and Litigation

In IRWIN MITCHELL TRUST CORP LTD v KS ( 2025 ) EWCOP 7 (T2) the Court of protection considered as a preliminary issue whether it retained jurisdiction over the property and affairs of a young person aged 14 ( who lacked capacity and would continue to do so ) after her CHANGE OF HABITUAL RESIDENCE from England and Wales to India. Before that jurisdiction derived from the Mental Capacity Act 2005. The Court retained jurisdiction. The retention of jurisdiction following the change was consistent with the aim of HAGUE CONVENTION 34 on Jurisdiction etc. There was no gap in protection.

 

COMMUNITY INFRASTRUCTURE LEVY

February 24th, 2025 by James Goudie KC in Planning and Environmental

CAPTAIN LEE JONES v SHROPSHIRE COUNCIL (2025) EWHC 365 (Admin) is an application for Judicial Review of the Council’s Decision to issue and serve on the Claimant a CIL Stop Notice under Regulation 90 of the Community Infrastructure Regulations 2010. Read more »

 

RATES RETENTION

February 24th, 2025 by James Goudie KC in Council Tax and Rates

The Non-Domestic Rates ( Designated Areas ) Regulations 2025, S.I. 2025/180, form part of the rates retention system. They allow local authorities to retain 100% rather than 50% of growth in business rates income in specified areas. They designate 6 areas, primarily in the East Midlands and the North East.

 

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