‘The Court of Appeal has allowed an appeal over whether a private hire operator outside London is required by legislation to enter into a contract as principal with a person who makes a booking for their vehicle. Gerald Gouriet KC and Michael Feeney examine the ruling and its wider impact.’
Local Government Lawyer, 15th July 2024
Source: www.localgovernmentlawyer.co.uk
‘Councils can hold remote licensing hearings lawfully under the Licensing Act 2003, according to a ruling handed down today (11 July) by the High Court.’
Local Government Lawyer, 11th July 2024
Source: www.localgovernmentlawyer.co.uk
‘The Technology and Construction Court has granted a declaration sought by the Secretary of State for Health and Social Care that certain documents relating to an aborted contract for Covid-19 lateral flow test kits are under the control of the main contractor in the dispute.’
Local Government Lawyer, 11th July 2024
Source: www.localgovernmentlawyer.co.uk
‘In this post, 4 New Square Chambers’ Alex Forzani explores the Supreme Court’s decision in R (Finch) v Surrey County Council [2024] UKSC 20 and analyses its implications on the scope of environmental impact assessments. The judgment is likely to have significant implications on the development of, and investment in, new projects in the UK.’
4 New Square, 2nd July 2024
Source: www.4newsquare.com
‘A residents’ group has launched a judicial review challenge against Manchester City Council after its planning committee granted planning permission for a student block it had previously refused permission for on four occasions.’
Local Government Lawyer, 8th July 2024
Source: www.localgovernmentlawyer.co.uk
‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’
Nearly Legal, 7th July 2024
Source: nearlylegal.co.uk
‘A council should have done more to prevent the closure of a care home for people with learning disabilities, an investigation has found.’
BBC News, 8th July 2024
Source: www.bbc.co.uk
‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’
Legal Futures, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
‘Annabel Graham Paul looks at a recent judgment that clarifies the approach to carrying out Appropriate Assessments under the Habitats Regulations when considering planning permission.’
Local Government Lawyer, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
‘With the introduction of the Procurement Act 2023 little more than four months away, Clare Hardy provides an overview of the key changes coming into force.’
Local Government Lawyer, 5th July 2024
Source: www.localgovernmentlawyer.co.uk
‘A Circuit Judge has ruled that an international school trip was covered by the Package Travel and Linked Travel Arrangements Regulations 2018, which entitled two schools to terminate their contracts with a travel provider during the Covid Pandemic.’
Local Government Lawyer, 4th July 2024
Source: www.localgovernmentlawyer.co.uk
‘The Law Society President, Nick Emmerson, has called on the next government to protect children “trapped” in a family court crisis due to record backlogs.’
Local Government Lawyer, 2nd July 2024
Source: www.localgovernmentlawyer.co.uk
‘A judicial review claim has been launched against Bristol City Council, challenging its decision to enter into a “safety valve agreement” with the Department for Education.’
Local Government Lawyer, 1st July 2024
Source: www.localgovernmentlawyer.co.uk
‘In 2023, the York Disability Rights Forum announced their intention to bring judicial review proceedings against the Humber and North Yorkshire Integrated Care Board on the basis that its adult autism and ADHD assessment pilot pathway was unlawful. The pilot had been introduced in March 2023 in response to increasing numbers of adults seeking an assessment, a growing waiting list, and an existing system which could not keep up. Effectively, the pilot introduced narrowed eligibility criteria so that only adults who were considered ‘at-risk’ were added to the waiting list for an assessment. All other adults could be placed on another waiting list with no end date, and no guarantee of an assessment. The York Disability Rights Forum says that this pilot restricts the rights of neurodivergent people from gaining diagnosis, and may violate the right to family and private life protected under Article 8 of the European Convention of Human Rights.’
Essex CAJI, 2nd July 2024
Source: essexcaji.org
‘R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents). A detailed summary of the issues and the facts in this case can be found in the Supreme Court’s Press Release. The report below gives a very short account of these followed by a focus on the majority and dissenting judgments. I quote Lord Sales in some detail as the concerns expressed in his dissent will only prevail if Parliament were to legislate for them to do so.’
UK Human Rights Blog, 1st July 2024
Source: ukhumanrightsblog.com
‘Vivienne Sedgley and Simon Randle have put together a detailed analysis of a significant development from the Supreme Court in R (Finch) v Surrey County Council [2024] UKSC 20. This landmark decision mandates that Environmental Impact Assessments (EIAs) must consider not just emissions during oil extraction but also those from the eventual use of the oil as fuel.’
4-5 Gray’s Inn Square, 25th June 2024
Source: www.4-5.co.uk
‘An 89-year-old woman from the Windrush generation is facing homelessness because the Home Office says it cannot verify her identity.’
The Independent, 1st July 2024
Source: www.independent.co.uk
‘A London council has been forcing residents into silence as a condition of them receiving money owed to them for building work and services they had been overcharged for – in some cases by tens of thousands of pounds.’
BBC News, 30th June 2024
Source: www.bbc.co.uk
‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’
UK Constitutional Law Association, 1st July 2024
Source: ukconstitutionallaw.org
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