Interpretation of lawful use certificates

Michael Rudd analyses the outcome of a recent case concerning the applicability of the familiar interpretative principles of planning permissions to lawful development certificates. Read more
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background
Slide background

  NEWS

Feb 13, 2020

Judge rules against Jehovah's Witnesses over care proceedings and religious duty of confidentiality

The rights of children outweigh those of confidentiality when disclosures of information about allegations of abuse are made to ministers of religion, the High Court has ruled.
Feb 12, 2020

Equalities watchdog in legal action against Health Secretary over accommodation for people with learning disabilities and autism

The Equality and Human Rights Commission has launched a legal challenge against the Secretary of State for Health and Social Care over what it claims is a repeated failure to move people with learning disabilities and autism into appropriate accommodation.
Feb 12, 2020

Councillor found guilty on two counts of fraud by misrepresentation over housing tenancy

A councillor in London who applied for council housing in 2008 and signed a tenancy for a council home in 2012, despite being the owner of three properties, has been found guilty on two counts of fraud by misrepresentation.
Feb 11, 2020

District council defeats judicial review challenge over acceptance of report on neighbourhood plan

A development venture has lost a judicial review challenge over a district council’s decision to accept the report of an examiner into a neighbourhood plan.
Feb 11, 2020

Fresh legal challenge threatened over changes at hospital amid claims of “unlawful” consultation

A campaigner has threatened a fresh legal challenge after a consultation on proposed changes at the Friarage Hospital in Northallerton did not include the option to maintain its accident and emergency department.
Feb 10, 2020

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project

A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.
Feb 07, 2020

Environmental campaigners get go-ahead for legal challenge to permission for deep coal mine

A campaign group has been granted permission for a judicial review of Cumbria County Council’s decision to allow the first deep coal mine in 30 years in the UK to be built.
Feb 06, 2020

Community group launches two judicial review challenges against district council

South Cambridgeshire District Council faces judicial reviews over two planning disputes brought by the same community group.
Feb 06, 2020

Supreme Court to hear dispute over land gifted to school and whether £1m+ sale funds should go to estate of donor

The Supreme Court has given a county council permission to appeal in a dispute over whether the ownership of land, which was gifted to a school under the School Sites Act 1841, reverted to the donor’s estate when the school ceased to operate from the gifted land.
Feb 06, 2020

Borough declines to comment amid report it will not take legal action over £12m project overspend

Corby Borough Council has refused to confirm or deny local reports that it has dropped legal action over construction of the town’s Cube building.

  FEATURES AND ANALYSIS

February 14, 2020

How to be a judge of openness

A county council recently won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt. Harriet Townsend looks at the lessons to be learned.
February 14, 2020

Consulting on the reconfiguration of hospital services

The Court of Appeal last month rejected a challenge to reorganisation plans by two clinical commissioning groups in the North East. 39 Essex Chambers explains why.
February 14, 2020

Fluctuating capacity – another judicial take

A judge has set out a way forward for the Court of Protection to grapple with the difficult issue of fluctuating capacity, writes Alex Ruck Keene.
February 14, 2020

We need to talk about Section 73: The Lambeth and Finney cases

Michael Dempsey discusses whether two recent decisions are indicative of something more fundamental about section 73 and how it is used and understood in practice.
February 07, 2020

Green Space borough-wide preventative injunctions: the view from the Court of Appeal

Steven Woolf examines the Court of Appeal's recent decision and guidance on Green Space borough-wide preventative injunctions.
February 07, 2020

Extending prior-approval time limits by agreement

The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.
February 07, 2020

Cross-border cases and the inherent jurisdiction

A Court of Protection judge recently considered applications for welfare orders for a man in his sixties made by his children who had brought him back from Spain, against the wishes of his second wife. Sophy Miles analyses the outcome.
January 31, 2020

Private damages claim, public procurement context: Essential limitation advice

Gwendoline Davies and Lynsey Oakdene explain the key practical takeaways from an important case on public and private law claims arising out of public procurement.

Sponsored Editorial

Sheriffs Office TSO animated banner

  MORE NEWS

Feb 05, 2020

One in seven councils predict rise in judicial challenges over service provision: report

One in ten councils (12%) say they are in danger of being unable to fulfil statutory duties this year and one in seven (14%) say they anticipate an increase in judicial challenges to the level of service provision, the LGiU MJ State of Local Government Finance Survey 2020 has found.
Feb 05, 2020

Family ordered to pay £160k over “irreparable damage” to scheduled monument

Three individuals found responsible for causing serious damage to a scheduled monument have been ordered to pay a total of £160,000 after being taken to court by Historic England.
Feb 05, 2020

County council wins Supreme Court battle over mineral extraction in Green Belt and “openness”

North Yorkshire County Council has won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt.
Feb 04, 2020

President in call for evidence as part of Transparency Review in Family Court

The President of the Family Division, Sir Andrew McFarlane, has issued a call for evidence as part of the Family Court's ‘Transparency Review’.
Feb 04, 2020

Public law specialists among new tenants at 39 Essex Chambers

39 Essex Chambers has bolstered its public law, regulatory and construction practices with the arrival of three new tenants.
Jan 31, 2020

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal

The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.
Jan 31, 2020

Selection process launched for up to eight Court of Appeal judges

Up to eight Court of Appeal judges are being sought for selection, the Judicial Appointments Commission has announced.
Jan 31, 2020

JUSTICE renews calls for “targets with teeth” amid claims current approach to judicial diversity not working

The current approach to judicial diversity is not working and large scale structural and cultural change is required, law reform organisation Justice has claimed.
Jan 31, 2020

Supreme Court to rule on National Planning Policy Framework and preserving openness of the Green Belt

The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.
Jan 30, 2020

High Court hears bid to extend Qualified One Way Cost Shifting to Equality Act cases

The High Court has this week heard a judicial review challenge aimed at extending “Qualified One Way Cost Shifting” (QOCS) to cover Equality Act cases.
Jan 30, 2020

Court of Appeal dismisses legal challenge over reconfiguration at North East hospitals

The Court of Appeal has rejected a challenge to reorganisation plans by two clinical commissioning groups (CCGs) in the North East but has criticised a lower court judge for delays in issuing his judgment, which created a situation that did not comply with Civil Procedure Rules.
Jan 30, 2020

High Court rules directors cannot buy assets of their liquidated company on the cheap

The High Court has ruled that company directors cannot buy assets from their liquidated companies at below market value.
Jan 29, 2020

Court of Appeal sets out principles for deciding whether father or relative should be informed of existence of child who might be adopted

The Court of Appeal has set out the principles governing decisions – whether by local authorities as adoption agencies or by the court – as to whether a putative father or a relative should be informed of the existence of a child who might be adopted.
Jan 28, 2020

Justice Minister resists calls for separate jurisdiction for Wales

Justice Minister Chris Philp poured cold water on calls for a separate Welsh jurisdiction in a Westminster Hall debate last week (22 January) on the report from The Commission on Justice in Wales.
Jan 28, 2020

Welsh authority backtracks on amended planning notice after facing judicial review challenge

Carmarthenshire County Council has settled a judicial review challenge over an amended decision notice in relation to proposed barn conversions, admitting that there were "some defects in the process".
Jan 24, 2020

Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules

A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.
Jan 24, 2020

District launches judicial review challenge against housing scheme over lack of contribution to extra school places

A district council has launched a legal challenge over a planning inspector’s decision to grant planning permission for a 98-home development in Skipton.
Jan 23, 2020

Council wins Upper Tribunal appeal over valuation of museum for business rates purposes

A city council has won an appeal to the Upper Tribunal (Lands Chamber) over how museum properties are valued for business rates purposes.
Jan 23, 2020

High Court rejects challenge to decision by planning inspector despite errors

An inspector made minor errors when considering a planning dispute in Essex but these were not significant enough to invalidate her decision letter, the High Court has ruled.
Jan 23, 2020

Court of Appeal sets aside adoption order after judge prematurely ruled out birth family placement

The Court of Appeal has set aside an adoption order on the grounds that it had been premature for judge to rule out the possibility of a birth family placement for child B.
Jan 23, 2020

Resident wins permission for judicial review challenge over HS2 tunnel design near Euston station

A resident who lives near the planned route of the High Speed 2 (HS2) rail line has won the right to bring a judicial review against its tunnel design under London’s Euston station.
Jan 23, 2020

Senior judge issues guidance on applications to Court of Protection concerning medical treatment

The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance on applications to the court relating to medical treatment.
Jan 22, 2020

Law Society warns of “catastrophic legal aid deserts” for community care work

Some 79% of local authority areas have no publicly funded legal advice for vulnerable people to challenge community care arrangements, the Law Society has claimed.
Jan 22, 2020

North East council to procure legal services for insurance claims

Redcar and Cleveland Borough Council has launched the procurement of legal services for litigation in relation to insurance claims.
Jan 22, 2020

Kings Chambers bolsters planning, personal injury teams with new tenants

Kings Chambers has strengthened its planning and personal injury teams with the arrival of two new tenants.

  MORE FEATURES

January 31, 2020

RPRs, attorneys, BIAs and legal aid

A Court of Protection judge recently considered the question of the appointment of a relevant person's representative (RPR) in the context of attorneyship. Alex Ruck Keene examines the outcome.
January 31, 2020

Complying with duties under the Equality Act 2010

A recent Scottish case has emphasised that public authority duties under the Equality Act 2010 are not ‘a question of ticking boxes’, write Laura Thornton and Matthew Smith.
January 29, 2020

New pre-action protocols for disrepair and possession claims

New pre-action protocols will bring clarity for disrepair and possession claims, writes Sian Evans, setting out the key changes.
January 29, 2020

Housing case law update: January 2020

Paul Lloyd and Sarah Christy round up recent cases from courts in England and Wales relevant to the housing sector.
January 24, 2020

Unincorporated associations and public law claims

A High Court judge has found that unincorporated associations have capacity to bring public law claims. The ruling is potentially of wide application in public law cases, writes Jenny Wigley.
January 24, 2020

Complying with the MCA

A Court of Protection judge recently criticised a council for "chilling" failures to comply with the Mental Capacity Act. Sophy Miles explains why.
January 24, 2020

Section 73 changes – don’t let the Gremlins in

Roy Pinnock considers recent cases on Section 73 permsisions and examines the power to make non-material changes to planning permissions under section 96A of the Town and Country Planning Act 1990.
January 24, 2020

Public procurement challenges require strict and swift approach

Gwendoline Davies and Lynsey Oakdene offer practical advice arising from a High Court decision in a recent public procurement challenge.
January 17, 2020

Adult safeguarding and the Anti-social behaviour, Crime and Policing Act 2014

Kevin Chan explains how his local authority recently used the Anti-social Behaviour, Crime and Policing Act 2014 to safeguard a vulnerable man from abuse using a civil injunction.
January 17, 2020

Diverse standards of parenting

The Court of Appeal recently rejected an appeal by a 'breatharian' mother against a special guardianship order. Georgina Dalton explains why.
January 10, 2020

Remedies in First-tier Tribunal discrimination claims

A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.
January 10, 2020

Placement of looked after English children in Scotland

Justin Gray provides an analysis of the current law on placement of looked after English children in Scotland that will be of interest to child care lawyers and solicitors, including those acting for local authorities.
January 03, 2020

The St Modwen test and deliverability

The Court of Appeal has clarified the St Modwen test for deliverability, writes Michael Bedford QC.
January 03, 2020

The Electronic Communications Code and interim rights

The Court of Appeal has recently given an important ruling on interim rights under the Electronic Communiciations Code. Jonathan Seitler QC explains the outcome.
January 03, 2020

Case management and expert evidence

In a recent case the Vice-President of the Court of Protection made some important comments in relation to case management. The CoP team at 39 Essex Chambers reports.
January 03, 2020

Determining exclusivity: Lone v London Borough of Hounslow

In the first appellate court decision on the issue, the Court of Appeal has confirmed that the Valuation Tribunal ("VT") has exclusive jurisdiction to determine disputes relating to the calculation of Council Tax and that this jurisdiction excludes a freestanding common law claim in restitution. Shomik Datta analyses the case.
December 20, 2019

Public authorities, statutory powers and village greens

Francis Taylor Building comments on a Supreme Court judgment on village greens that will prove hugely significant for landowning public bodies.
December 20, 2019

Assumption of responsibility

Andrew Warnock QC asks the question many involved with the public sector have been asking since the Supreme Court ruling in Poole v GN – when does an 'Assumption of Responsibility' arise?
Default Image
December 20, 2019

Telephone kiosks, advertising and permitted development rights

The Court of Appeal has handed down a judgment dismissing an appeal over telephone kiosks and permitted development rights. Saira Kabir Sheikh QC explains why.
December 20, 2019

The Guildford Local Plan challenge: key issues for plan-makers

James Findlay QC and Robert Williams examine the High Court's recent dismissal of three statutory challenges to the adoption of the Guildford Local Plan.