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They were temporarily out of Great Britain, during which time the authorities ruled that the original benefit award was superseded (the supersession decision), which had the effect that their continuing benefit entitlement came to an end and required them to make a new claim on their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.
CONTEMPT OF COURT
September 12th, 2025 by James Goudie KC in Judicial Control, Liability and LitigationIn 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 RatesThe 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 RatesHM 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 EnvironmentalIn 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 ContractsSee 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.
HOMELESSNESS
September 4th, 2025 by James Goudie KC in HousingR ( AN ) v BARKING AND DAGENHAM LBC ( 2025 ) EWHC 2265 ( Admin ) is one of many judicial review claims which raises issues on the adequacy in difficult circumstances of efforts by a local housing authority ( LHA ) to provide housing assistance to a homeless family. The Court stresses ( para3 ) the importance of LHAs carrying out “ proper and informed assessments “ of the housing needs of homeless persons, and ( para 4 ) that where the only housing accommodation they have yet been able to offer to a family with children is temporary bed & breakfast accommodation that “ continues no longer than necessary.” There were two grounds of challenge. Ground 1 concerned the lawfulness of the LHA’s Housing Needs Assessment. That succeeded. Ground 2 was that the LHA’s “ Temporary Accommodation Placement Policy “ was unlawful. That failed.
ANNIVERSARY
September 3rd, 2025 by James Goudie KC in Human Rights and Public Sector Equality DutyThe Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms ( the ECHR ) came into effect on 3 September 1953, implementing rights stated in the Universal Declaration of Human Rights. The ECHR was incorporated into UK domestic law by the Human Rights Act 1998, promoted by Lord Chancellor Irvine, on 2 October 2020.
AARHUS CONVENTION
September 2nd, 2025 by James Goudie KC in Planning and EnvironmentalPublic interest in the protection of the environment is firmly established. The AARHUS CONVENTION requires that party states, including the UK, ensure that members of the public have access to challenge acts and omissions which contravene provisions of its national law relating to the environment. To that end, the AARHUS COSTS REGIME is designed to ensure that environmental claims are not prohibitively expensive AND that there is REASONABLE PREDICTABILITY. In GREEN LANE ASSOCIATION LTD v CENTRAL BEDFORDSHIRE COUNCIL ( 2025 ) EWHC 2251 ( Admin ), concerned with Traffic Regulation Orders, the Court says, at para 14 : “ The rules place clear demands on both parties. Claimants must claim the Aarhus costs protection at the very beginning of a claim and must supply the relevant financial information at the inception of a clai. Defendants must notify any disagreement or desire to vary the costs cap at their earliest opportunity, namely the filing of the AoS form. It is the incumbent on the Court to make an early decision on the dispute before more significant costs are incurred. The rules are strict so as to ensure reasonable predictability at an early stage. “
From para 36, the Court addresses the question of the test for assessing whether or not a claim falls within Aarhus. The claim was found to fall within the regime.