A residence requirement with respect to bearing of school transport costs may be unlawfully discriminatory, as in Case C-830/18, Landkreis Sudliche Weinstrasse v PF.
Homelessness Appeals
April 2nd, 2020 by James Goudie KC in HousingIn James v Hertsmere BC (2020) EWCA 489 rules that the scope of Section 204 of the Housing Act 1996 on appeal to the County Court on point of law in homelessness cases extends to the full range of issues that would otherwise be the subject of an application to the Administrative Court for judicial review. The Court also held that when there is constitutionally delegated authority to extend an intra vires contract, such as a contract that contracts out the Section 202 review function, then, if the extension may not have been done validly at the time, it can be ratified.
References to ECJ
April 2nd, 2020 by James Goudie KC in Judicial Control, Liability and LitigationCourts in the UK continue to be obliged to refer to the European Court of Justice cases involving unclear EU law. The Supreme Court made such a reference on 1 April 2020 in Zipvit v HMRC (2020) UKSC 15.
HMOs
April 2nd, 2020 by James Goudie KC in HousingA local authority had been entitled to impose on the holder of a licence under a Selective Licensing Scheme pursuant to Section 90 of the Housing Act 2004 a condition requiring him to undergo a training course on how to manage tenancies. So held in Berg v Burnley BC (2020) UKUT 91 (LC).
Vicarious Liability
April 1st, 2020 by James Goudie KC in Judicial Control, Liability and LitigationThe Supreme Court has unanimously allowed appeals in WM Morrisons Supermarkets v Various Claimants (2020) UKSC 12 and in Barclays Bank v Various Claimants (2020) UKSC 13. No vicarious liability in either case. The former concerned an employee, the latter an independent contractor. Vicarious liability applies to employees and near employees. It does not apply to classic independent contractors.
Procurement
March 30th, 2020 by James Goudie KC in Decision making and ContractsProcurement Policy Note 01/20 on Responding to COVID-19 has now been followed by Procurement Policy Note on Supplier Relief due to COVID-19.
Double Dutch
March 30th, 2020 by James Goudie KC in Decision making and ContractsCase C- 344/18, ISS FACILITY SERVICES, in which the ECJ gave Judgment on 26 March 2020, concerned public buildings in Ghent, a public contract for cleaning services, and the transfer of that contract to multiple transferred. What happened to the rights and obligations arising from the contracts of employment with the transferor? Did they transfer only to the transferee for whom the worker will perform his or her principal tasks? “ No”, says the ECJ. Or will they transfer to each of the transferred, in proportion to the tasks performed by that worker?
Modification of Public Contracts
March 30th, 2020 by James Goudie KC in Decision making and ContractsThe key questions raised by Joined Cases C-496/18 and C-497/18, HUNGOED, are (1) whether EU law permits reviews of modifications of public contracts to be initiated ex officio by public authorities, and (2) if so, whether such reviews can be initiated after the expiry of time limits in force at the time of the modifications. Advocate-General Bobek answers the 1st question : “ Yes “. EU law neither requires nor prevents ex officio reviews of (a) public contracts or (b) modifications of such contracts: paras 2, 68, 75 and 127. The Advocate-General answers the 2nd question : “ No “. The EU Principle of Legal Certainty bars national public authorities from initiating such reviews once the applicable time limit has already expired : paras 2, 77, 83-87, 94 and 127.
Freedom of Speech
March 27th, 2020 by James Goudie KC in Human Rights and Public Sector Equality DutyOn ECHR Art 10, freedom of speech and expression, and the approach to limitations thereupon, see Divisional Court in R ( ANPO TVN ) v OFCOM (2020) EWHC 689 (Admin), at paras 41-63.