One Legal Sept 21 Director 600

Service of documents in civil proceedings: A lesson in getting it right

Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers. Read more
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  NEWS

Sep 10, 2021

County council and Home Office threatened with judicial review over placement of unaccompanied asylum-seeking children in unregulated accommodation

Kent County Council has announced it will begin to admit unaccompanied asylum-seeking children (UASC) into its reception centres again amid the lodging of a judicial review application against the local authority and the Home Office over the issue of placing them in unregulated accommodation.
Sep 09, 2021

Government to extend fixed costs to most claims below £100,000

The government will extend the Fixed Recoverable Costs (FRC) regime to cover most fast track claims up to a value of £25,000 and expand the fast track to include most ‘intermediate’ money claims valued between £25,000 and £100,000, the Lord Chancellor Robert Buckland has announced.
Sep 08, 2021

Council forced to go down judicial review route after planning permissions issued in error during software testing

A blunder during software testing has led Swale Borough Council to issue five planning decisions which it must now overturn by judicial review.
Sep 08, 2021

West Midlands councils eye legal challenge over distribution of Afghan refugees

West Midlands councils are reported to be considering taking the Government to judicial review over the distribution of Afghan refugees.
Sep 08, 2021

Council obtains injunction to prevent sale of Tudor overmantel from listed building

Stafford Borough Council has secured an injunction to stop a local auction house from selling a 16th century overmantel, thought to be worth a substantial sum.
Sep 08, 2021

Judicial review applications have continued to fall in first half of 2021: Ministry of Justice

The number of judicial review applications received in the first half of 2021 was – at 1,200 – down 16% on the same period in 2020, government data has revealed.
Sep 08, 2021

Irwin Mitchell bolsters Public Law and Human Rights Team with honorary QC hire

Claimant law firm Irwin Mitchell has strengthened its Public Law and Human Rights Team with the appointment of leading human rights and discrimination lawyer Angela Jackman QC (Hon).
Sep 07, 2021

Education Secretary and local authorities threatened with legal challenge over approach to vulnerable children and school attendance

The Good Law Project (GLP) has written to the Secretary of State for Education, Gavin Williamson, threatening legal action if he fails to issue guidance that protects vulnerable children and families as schools reopen.
Sep 07, 2021

First Tier Tribunal wrongly struck out landlord penalty appeal after solicitor failed to pay hearing fee, Upper Tribunal rules

A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.
Sep 06, 2021

Local authority ordered to pay mother fleeing ex-partner £10k in compensation following data breach

Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates' Court has ruled.

  FEATURES AND ANALYSIS

September 09, 2021

Notification to the biological father

Fran Massarella reports on an appeal against an order refusing a mother’s application for permission to dispense with the requirement for the local authority to give notice of the proceedings to the child’s biological father.
September 09, 2021

Capacity and the limits of decision-specificity

Alex Ruck Keene examines what can be learned from a Court of Protection judge's ruling on whether a woman had capacity in a range of areas.
September 09, 2021

Education authorities can resist requests for statement in appropriate circumstances

John Roberts explains how an education authority sought to resist an appeal in the Special Educational Needs Tribunal for Wales (‘Tribunal’).
September 06, 2021

Where are you? The “missing” witnesses and drawing an adverse inference

Andrew Lane reports on a recent trial of a possession claim where the issue of adverse inferences was raised.
September 02, 2021

What is climate change litigation?

The following LexisNexis Environment practice note produced in partnership with Katharina Theil of Leigh Day and Richard Lord QC of Brick Court Chambers provides comprehensive and up to date legal information on the rise of climate change related litigation.
September 02, 2021

Looked after children and secure accommodation after 9 September

David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?
September 02, 2021

Revocation of adoption orders

The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.
August 26, 2021

Public Law Proceedings and the 1996 Hague Convention

Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.

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  MORE NEWS

Sep 03, 2021

London borough defeats judicial review challenge over introduction of low traffic neighbourhoods

Hackney Council has successfully defended a judicial review claim over the decision of its Cabinet in September 2020 to adopt an emergency transport plan (ETP).
Sep 03, 2021

Devonshires names head of housing management and property litigation

Law firm Devonshires has promoted Donna McCarthy to lead its Housing Management and Property Litigation team.
Sep 03, 2021

Parish council in legal challenge to grant of outline consent for 210-home development

Mid Suffolk District Council's decision to give outline consent to a plan which would see 210 new dwellings built in a village is to be challenged in the High Court by Thurston Parish Council in October.
Sep 01, 2021

Housing Law Practitioners Association surveys members ahead of judicial review challenge over Brent allocations scheme

The Housing Law Practitioners Association has asked members for information about the experiences of clients who have approached the London Borough of Brent for housing assistance.
Sep 01, 2021

High Court upholds campsite enforcement notice

The High Court has dismissed an appeal against an enforcement notice imposed by Cornwall Council in a dispute over when a campsite began operations.
Sep 01, 2021

High Court dismisses challenge to grant by Natural Resources Wales of consent for use of canoes on River Wye

National Resources Wales (NRW) acted correctly when it gave permission for canoes to be used on a protected stretch of the River Wye, the High Court has found.
Sep 01, 2021

Ministry of Justice to press ahead with increasing court fees by inflation – backdated to 2016

The Government believes there is a strong justification to proceed with increasing certain court fees and the ‘Help with Fees’ (HwF) income thresholds by inflation, backdated to 2016, the Ministry of Justice has said.
Sep 01, 2021

Three judges appointed to Court of Appeal

Three judges have been appointed Justices of Appeal to fill vacancies which have arisen in the Court of Appeal.
Aug 31, 2021

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act

The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.
Aug 30, 2021

DEFRA hands law firm £360k contract for Environment Agency civil litigation cases

The Department for the Environment, Food and Rural Affairs (DEFRA) has awarded Bevan Brittan a £360,000 contract to advise the Environment Agency on civil litigation.
Aug 27, 2021

Council sends planning application back to committee after parish legal threat

Basingstoke and Deane Borough Council is to send a full planning application for a storage and distribution warehouse near the M3 back to its Development Control Committee, after a parish council challenge wrote to challenge the legality of the decision.
Aug 26, 2021

Upper Tribunal examines operation in SEN case of "Recommendations Regulations"

A First Tier Tribunal (FTT) decision in a special educational needs case must stand even though an error in law was made, the Upper Tribunal Administrative Appeals Chamber has ruled.
Aug 26, 2021

Judge expresses concern at lack of suitable accommodation for vulnerable teenager in "depressingly familiar scenario"

A judge has criticised a situation in which a vulnerable teenage girl who “falls between two stools” cannot get the accommodation she needs.
Aug 26, 2021

LGA calls for billing authorities to have ability to be parties to business rates appeals again

The Local Government Association (LGA) has said that billing authorities in England should have the ability restored to be party to business rates appeals.
Aug 26, 2021

City council threatened with legal action over permission for 55-storey tower accommodating students

Manchester City Council faces legal action over its decision to allow construction of a tower block of student accommodation in the city centre, it has been reported.
Aug 25, 2021

School and council agree five-figure settlement over case where pupil was sexually assaulted by classmate: report

A school and local authority have conceded that there was a breach of duty, but have not admitted liability, in a case of alleged failure to prevent a sexual assault from taking place in school, it has been reported.
Aug 23, 2021

High Court gives go-ahead for judicial review challenge over ‘Levelling Up Fund”

The High Court has granted the Good Law Project permission for its legal challenge against three Whitehall departments over the multi-billion pound “Levelling Up Fund”.
Aug 23, 2021

Parks body wins dispute over ownership of boathouse next to Serpentine Lake

The Royal Parks Limited (TRP) has won a dispute concerning the ownership of a boathouse and jetties located on the north west side of the Serpentine Lake in London’s Hyde Park.
Aug 23, 2021

High Court gives green light to legal challenge over decision by county to restructure of education system

Two families have been granted permission by the High Court to challenge a decision to restructure the education system in South Somerset.
Aug 23, 2021

County names six law firms to expanded framework for delivery of claims service

Norfolk County Council has increased the number of law firms providing legal representation to its in-house insurance team from four to six.
Aug 20, 2021

Council decision to refuse covid business grant for business owner upheld by High Court

A business owner who was refused a covid business grant by his local authority for being in debt has been unsuccessful in his judicial review application over the decision.
Aug 19, 2021

High Court quashes grant of planning permission to café for extended opening hours

A minor change in a café’s proposed opening hours was not reasonable grounds for St Albans City and District Council to grant a planning consent that it had withheld for an almost identical application.
Aug 19, 2021

Mother loses appeal over order that father should be informed of care proceedings

The Court of Appeal has dismissed an appeal against an order that a child’s biological father should be informed of care proceedings concerning his daughter against the mother’s wishes.
Aug 19, 2021

High Court dismisses claim that RAF pilots flew over holiday park deliberately

A holiday park owner has failed to convince the High Court that RAF officers flew noisy planes over his property in a deliberate attempt to intimidate him.
Aug 18, 2021

Council hit with judicial review challenge after calling on man housed under 'Everyone In' Scheme to leave hotel

Lawyers to a Bangladeshi national with leave to remain in the UK but with no recourse to public funds have secured an interim relief order requiring Tower Hamlets Council to continue to accommodate him pending a decision on permission to proceed with a judicial review claim.

  MORE FEATURES

August 26, 2021

Forced academisation

Can the Department for Education force schools to academise? Laura Sherratt analyses a recent High Court ruling.
August 26, 2021

Litigation Friend appointments and costs

The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.
August 26, 2021

Fuzzy and uncertain boundaries

David Nuttall looks at the implications for the law of boundaries from a recent High Court ruling.
August 19, 2021

Revocation orders, compensation and judicial review

A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.
August 19, 2021

Disclosure in without-notice injunctions

A recent County Court case offers a reminder of the importance of being thorough and objective while discharging the duty of disclosure in without-notice injunctions, writes John Murray.
August 19, 2021

Discharging medically fit children from hospital during a shortage of accommodation

Gemma Brannigan explains how two NHS Trusts recently obtained a High Court Order to require a child to be removed from hospital.
August 19, 2021

Local authority failings: a way out?

Natalie Cross looks at the lessons to be learned from a ruling where a High Court judge was heavily critical of a local authority in care proceedings.
August 19, 2021

Defending nuisance claims

Stuart Whitehead reports on how a social landlord successfully defended a case brought by a tenant involving an alleged infestation of a property.
August 17, 2021

The fit and proper person test and acquittals in the criminal courts

An appeal court has recently considered a taxi driver’s licence revocation after his acquittal in criminal courts. Gary Grant explains the outcome.
August 12, 2021

Defined parts of the land and breaches of planning conditions

The Court of Appeal has confirmed the approach taken in St Anselm to the breach of conditions, writes George Mackenzie.
August 12, 2021

Authorising unregistered care and deprivation of liberty

Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.
August 12, 2021

How not to conduct a placement application (part 2)

Rebecca Cross looks at a Court of Appeal ruling in a case where the ADM [agency decision maker] failed to carry out their duties properly.
August 12, 2021

Confidential information and subject access disclosure

Matthew Alderton reports on a case where a council was entitled to final injunctive relief to prevent the defendant from using confidential information that had been disclosed inadvertently.
August 05, 2021

Licensing committees and procedural defects

A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.
August 05, 2021

Cyber-attacks, data breaches and causes of action

A recent High Court claim was based on a core allegation that the defendant had failed to protect the claimant’s data from a cyber-attack. Peter Wake looks at the lessons to be learned.
August 05, 2021

The Supreme Court on Mount Cook costs

The Supreme Court has dismissed an appeal by CPRE against the recovery of multiple sets of Acknowledgement of Service (“AoS”)/ summary grounds costs at the permission stage in judicial and statutory review cases. James Maurici QC and Jacqueline Lean explain why.
August 04, 2021

Overage agreements and competing dispute resolution clauses

The High Court recently granted an urgent injunction restraining an expert determination in a case involving a housing association where there were competing dispute resolution clauses in relation to an overage agreement. Lara Kuehl analyses the judgment.
August 04, 2021

Possession proceedings and evictions: recent changes

Helen Tucker analyses the latest developments in relation to possession proceedings and evictions.
August 03, 2021

Housing case law - July/August 2021

Paul Lloyd, Helen Gascoigne and Tom Bradbury round up the latest housing law judgments of interest to housing associations and local authorities.
July 29, 2021

Duty to provide relevant evidence in Special Educational Needs cases

A recently published Upper Tribunal decision provides guidance as to the duties of the parties to provide relevant evidence to the First-tier Tribunal (“FtT”) in special educational needs cases, writes Holly Littlewood.