Results: 121

• R (Williams) v Caerphilly County Borough Council

  24 Jun 2019 [2019] EWHC 1618 (Admin); [2020] LLR 204, QBD

  03 Mar 2020 [2020] EWCA Civ 296; [2020] PTSR 1130; [2020] WLR(D) 138, CA (Flaux, Haddon-Cave, Males LJJ)

  06 Aug 2020 (appn dis) [2020] PTSR 1640, SC(E) (Lord Hodge DPSC, Lord Lloyd-Jones, Lord Burrows JJSC)

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Powers — Sports and recreation facilities
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  Case index catchwords

  LOCAL GOVERNMENT — Powers — Sports and recreation facilities — Funding — Local authority’s executive cabinet adopting strategy for provision of sports and recreation facilities over ten-year period — Whether executive decision to adopt strategy unlawful — Whether decision on adoption of strategy reserved to full council — Whether strategy “arrangement to secure continuous improvement in the exercise” of local authority’s functions — Whether local authority required to undertake consultation with local residents — Local Government Act 2000 (c 22), s 13(3) (as amended by Localism Act 2011 (c 20), s 22, Sch 3, para 13(2)) — Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (SI 2007/399) (W 45), reg 6(1), Sch 4, para 2 — Local Government (Wales) Measure 2009 (nawm 2), ss 2, 5

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  2 Statutory Instruments considered

• School Facility Management Ltd v Governing Body of Christ the King College (Nos 1 & 2)

  07 May 2020 [2020] EWHC 1118 (Comm); [2020] PTSR 1913; [2020] WLR(D) 289, QBD (Foxton J)

  12 Jul 2021 [2021] EWCA Civ 1053; [2021] 1 WLR 6129; [2021] PTSR 1977; [2021] WLR(D) 383, CA (Nicola Davies, Popplewell, Dingemans LJJ)

  Subsequent citations: 4.
  LOCAL GOVERNMENT — Powers — Financial transactions

  CONTRACT — Rescission — Counter-restitution
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  Case index catchwords

  LOCAL GOVERNMENT — Powers — Financial transactions — Maintained school entering into hire contract for construction and hire of new sixth form building — School and council providing letter to counterparty pre-contract as to school’s capacity to enter into contract — School failing to pay annual instalment under contract when due — Counterparties bringing claim against school and council under contract, in misrepresentation or misstatement, and in unjust enrichment — School counterclaiming in unjust enrichment — Whether school council’s agent — Whether agency established by reason of legislation governing funding relationship between maintained schools and councils — Whether contract “borrowing” subject to Secretary of State’s consent or contrary to council’s scheme on financing of maintained schools and thereby ultra vires school — Whether contract void — Whether claim in misrepresentation or misstatement barred by ultra vires finding — Whether counterparty able to defend counterclaim in unjust enrichment on basis of anticipatory change of position — School Standards Framework Act 1998 (c 31) (as amended by Education and Inspections Act 2006 (c 40), s 57, Sch 5, para 3 and Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (SI 2010/1158)), ss 48, 49(5)(6) — Education Act 2002 (c 32), s 19(6), Sch 1, para 3(3)(a)(4)(a) — School and Early Years Finance (England) Regulations 2012 (SI 2012/2991), reg 22

  CONTRACT — Rescission — Counter-restitution — Maintained school entering into hire contract for construction and hire of new sixth form building — School failing to pay annual instalment under contract when due — Counterparties bringing claim against school and council under contract and in unjust enrichment — School counterclaiming in unjust enrichment — Judge holding contract ultra vires and void — Judge holding that college enriched from benefit received in using building after cessation of payments — Whether judge erring in approach to counter-restitution principle — Whether counter-restitution principle applying

  16 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• Dulgheriu v Ealing London Borough Council

  02 Jul 2018 [2018] EWHC 1667 (Admin); [2019] PTSR 706; [2018] 4 All ER 881, QBD (Turner J)

  21 Aug 2019 (National Council for Civil Liberties (trading as Liberty) intervening) [2019] EWCA Civ 1490; [2020] 1 WLR 609; [2020] PTSR 79; [2020] 3 All ER 545; [2019] WLR (D) 486, CA (Sir Terence Etherton MR, King, Nicola Davies LJJ)

  10 Mar 2020 (appn dis) [2020] 1 WLR 2612; [2020] PTSR 992, SC(E) (Lord Reed PSC, Lord Carnwath, Lady Black JJSC)

  Subsequent citations: 8.
  LOCAL GOVERNMENT — Powers — Public spaces protection order
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  Case index catchwords

  LOCAL GOVERNMENT — Powers — Public spaces protection order — Local authority making public spaces protection order to control campaigning outside abortion clinic — Order imposing penalties for persons continuing to campaign inside “safe zone” immediately surrounding clinic — Whether statutory criteria for making order met — Whether “detrimental effect” of activities objective test — Whether clinic users’ Convention right to respect for private life engaged — Whether balance of competing Convention rights correctly undertaken — Whether order “necessary in democratic society” — Whether order lawfully made — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 9, 10, 11 — Anti-social Behaviour, Crime and Policing Act 2014 (c 12), ss 59, 66, 72

  LOCAL GOVERNMENT — Powers — Public spaces protection order — Local authority making public spaces protection order to control campaigning outside abortion clinic — Order imposing penalties for persons continuing to campaign inside safe zone immediately surrounding clinic — Whether statutory criteria for making order met — Whether “those in the locality” including users of clinic — Whether clinic users’ Convention right to respect for private life engaged — Whether balance of competing Convention rights correctly undertaken — Whether order lawfully made — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 9, 10, 11 — Anti-social Behaviour, Crime and Policing Act 2014 (c 12), ss 59, 72(1)

  8 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• R (TP) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening)

  14 Jun 2018 [2018] EWHC 1474 (Admin); [2019] PTSR 238; [2018] WLR(D) 365, QBD (Lewis J)

  03 May 2019 [2019] EWHC 1116 (Admin); [2019] PTSR 2123; [2019] WLR(D) 267, QBD (Swift J)

  29 Jan 2020 [2020] EWCA Civ 37; [2020] PTSR 1785; [2020] WLR(D) 70, CA (Sir Terence Etherton MR, Singh, Rose LJJ)

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 29.
  SOCIAL SECURITY — Welfare benefits — Universal credit
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  Case index catchwords

  SOCIAL SECURITY — Welfare benefits — Universal credit — Reduction in total cash payment by way of income support for severely disabled claimants under universal credit scheme — Whether universal credit scheme discriminatory — Whether implementation arrangements discriminatory — Whether discrimination justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14; Pt II, art 1 — Welfare Reform Act 2012 (c 5) — Universal Credit Regulations 2013 (SI 2013/376) — Universal Credit (Transitional Provisions) Regulations 2014 (SI 2014/1230)

  SOCIAL SECURITY — Welfare benefits — Universal credit — Reduction in total cash payment by way of income support for severely disabled claimants under universal credit scheme — Whether universal credit scheme discriminatory — Whether discrimination justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14 — Welfare Reform Act 2012 (c 5) — Universal Credit Regulations 2013 (SI 2013/376) — Universal Credit (Transitional Provisions) Regulations 2014 (SI 2014/1230), reg 4A (as inserted by Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019 (SI 2019/10), reg 2(3))

  SOCIAL SECURITY — Welfare benefits — Universal credit — Reduction in total cash payment by way of income support for severely disabled claimants under universal credit scheme — Whether universal credit scheme discriminatory — Whether implementation arrangements discriminatory — Whether discrimination justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Welfare Reform Act 2012 (c 5) — Universal Credit Regulations 2013 (SI 2013/376) — Universal Credit (Transitional Provisions) Regulations 2014 (SI 2014/1230), reg 4A (as inserted by Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019 (SI 2019/10), reg 2(3))

  14 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered
• MOC v Secretary of State for Work and Pensions

  21 Apr 2020 [2020] UKUT 134 (AAC); [2020] PTSR 1337; [2020] WLR(D) 295, UT (Upper Tribunal Judge Ward)

  11 Jan 2022 [2022] EWCA Civ 1; [2022] PTSR 576; [2022] WLR(D) 16, CA (Peter Jackson, Singh, Andrews LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 3.
  SOCIAL SECURITY — Disability living allowance — Suspension
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  Case index catchwords

  SOCIAL SECURITY — Disability living allowance — Suspension — Vulnerable adult with severe disabilities admitted to hospital — Regulations requiring suspension of allowance after 28 days as inpatient in hospital — Whether unlawful discrimination in breach of Convention right on ground of “status” — Whether relevant status including severely disabled adult lacking capacity — Appropriate comparators — Whether hospitalisation rule manifestly without reasonable foundation — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Social Security (Disability Living Allowance) Regulations 1991 (SI 1991/2890) (as amended by Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (SI 1992/2869), reg 4(2), Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 (SI 1996/1436), reg 2(2), Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations 2013 (SI 2013/389), reg 4(6)(10) and Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (SI 2016/556), reg 2), regs 8(1)(a), 12A(1)(a)

  SOCIAL SECURITY — Disability living allowance — Suspension — Vulnerable adult with severe disabilities admitted to hospital — Regulations requiring suspension of allowance after 28 days as in-patient in hospital — Whether unlawful discrimination in breach of Convention right on ground of “status” — Whether relevant status including severely disabled adult lacking capacity — Whether hospitalisation rule indirectly discriminatory — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Social Security (Disability Living Allowance) Regulations 1991 (SI 1991/2890), regs 8(1)(a), 12A(1)(a)

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R (CP) v North East Lincolnshire Council

  09 Feb 2018 [2018] EWHC 220 (Admin); [2018] PTSR 1759; [2018] WLR(D) 85, QBD (Judge Graham Wood QC sitting as a High Court judge)

  03 Oct 2019 [2019] EWCA Civ 1614; [2020] PTSR 664; [2019] WLR(D) 541, CA (Flaux, Moylan, Haddon-Cave LJJ)

  Subsequent citations: 2.
  LOCAL GOVERNMENT — Community care services — Persons in need of “care and support”
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  Case index catchwords

  LOCAL GOVERNMENT — Community care services — Persons in need of “care and support” — Claimant seeking judicial review of lawfulness of care plan provided by local authority — Challenge alleging unlawful refusal to make education and health care plan providing for special education placement — Issue of special educational provision also subject of appeal to First-tier Tribunal — Whether local authority obliged to address social care aspects of special education provision when appeal to tribunal outstanding — Whether local authority acting unlawfully — Human Rights Act 1998 (c 42), Sch 1, Pt II, art 2 — Children and Families Act 2014 (c 6), ss 21(5), 37(1), 51 — Care Act 2014 (c 23), ss 9, 24

  LOCAL GOVERNMENT — Community care services — Persons in need of “care and support” — Claimant seeking judicial review challenging lawfulness of care plan provided by local authority — Challenge alleging unlawful refusal to make education and health care plan providing for special education placement — Issue of special education provision also subject of appeal to First-tier Tribunal — Whether local authority obliged to address social care aspects of special education provision when appeal to tribunal outstanding — Whether local authority acting unlawfully — Whether any previous unlawfulness relevant — Children and Families Act 2014 (c 6), ss 21(5), 37(1), 51 — Care Act 2014 (c 23), s 26

  LOCAL GOVERNMENT — Community care services — Persons in need of “care and support” — Claimant seeking judicial review challenging lawfulness of care plan provided by local authority — Challenge alleging unlawful refusal to make education and health care plan providing for special education placement — Issue of special educational provision also subject of appeal to First-tier Tribunal — Whether local authority obliged to address social care aspects of special educational provision when appeal to tribunal outstanding — Whether local authority failing to prepare adequate personal budget in breach of statutory duty — Whether claimant entitled to compensation for breach — Care Act 2014 (c 23), s 26

  2 Case(s) considered

  3 Statutes considered

• R (Tesco Stores Ltd) v Birmingham Magistrates’ Court

  06 Apr 2020 [2020] EWHC 799 (Admin); [2020] PTSR 1360; [2021] 1 All ER 158; [2021] 1 All ER (Comm) 240; [2020] 2 Cr App R 14; [2020] WLR (D) 251; [2020] ACD 72, DC (Hickinbottom LJ, Swift J)

  FOOD AND DRUGS — Food safety — “use by” date
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  Case index catchwords

  FOOD AND DRUGS — Food safety — “use by” date — Use by date — Claimant offering food items for sale after expiry of labelled “use by” date — Local authority charging claimant with offences of placing unsafe food on the market — Whether food conclusively deemed unsafe after use by date — Whether such presumption rebuttable by evidence that food in fact safe — Parliament and Council Regulation (EC) No 178/2002, art 14 — Parliament and Council Regulation (EU) No 1169/2011, art 24 — Food Safety and Hygiene (England) Regulations 2013 (SI 2013/2996) reg 19(1), Sch 2

  FOOD AND DRUGS — Food safety — “use by” date — Claimant offering food items for sale after expiry of labelled use by date — Local authority charging claimant with offences of placing unsafe food on market — Whether food conclusively deemed unsafe after use by date — Whether presumption rebuttable by evidence that food in fact safe — Food Safety and Hygiene (England) Regulations 2013 (SI 2013/2996), regs 2(1), 19(1), Sch 2 — Parliament and Council Regulation (EC) No 178/2002, art 14 — Parliament and Council Regulation (EU) No 1169/2011, art 24

  1 Words & Phrases considered

  2 EU Enactments considered

  1 Statutory Instrument considered
• Waltham Forest London Borough Council v Saleh

  19 Nov 2019 [2019] EWCA Civ 1944; [2020] PTSR 621; [2020] 3 All ER 460; [2019] WLR (D) 636, CA (Patten, Asplin LJJ, Sir Rupert Jackson)

  Subsequent considerations : 2 neutral; most recently considered: 2022. Subsequent citations: 5.
  LOCAL GOVERNMENT — Homeless persons — Review of local housing authority decision
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Review of local housing authority decision — Accommodation provided in neighbouring authority — Local authority confirming original decision on suitability of accommodation on review — Whether authority required to consider availability of any other suitable accommodation within or closer to authority’s area at time of review — Housing Act 1996 (c 52), s 202 (as amended by Homelessness Act 2002 (c 7), ss 8, 18(1), Sch 1, para 16, Housing and Regeneration Act 2008 (c 17), s 325(1), Sch 16, para 7 and Localism Act 2011 (c 20), s 149(9))

  4 Case(s) considered

  1 Statute considered
• Haringey London Borough Council v Simawi

  19 Oct 2018 [2018] EWHC 2733 (QB); [2019] PTSR 615; [2019] 2 All ER 334; [2019] HLR 13; [2018] WLR (D) 645, QBD (Murray J)

  31 Oct 2019 [2019] EWCA Civ 1770; [2020] PTSR 702; [2020] 2 All ER 701; [2020] HLR 13; [2019] WLR (D) 597, CA (Lewison, Bean, Baker LJJ)

  30 Jul 2020 Permission to appeal to Supreme Court refused

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 9.
  HOUSING — Secure tenancy — Death of tenant
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  Case index catchwords

  HOUSING — Secure tenancy — Death of tenant — Succession — Defendant’s mother holding secure tenancy of property by statutory succession — Local authority bringing claim for possession following death of mother — Whether defendant entitled to succeed to secure tenancy — Whether statutory one succession rule discriminatory — Whether rule compatible with defendant’s Convention rights — Housing Act 1985 (c 68) (as amended by Housing Act 1996 (c 52), ss 141(1), 222, Sch 14, para 1, Sch 18, para 9 and Civil Partnership Act 2004 (c 33), s 81, Sch 8, para 21(2)), ss 87, 88 — Human Rights Act 1998 (c 42), ss 3, 4(2), Sch 1, Pt I, arts 8, 14

  HOUSING — Secure tenancy — Death of tenant — Succession — Defendant’s widowed mother holding secure tenancy of property by statutory succession — Statutory regime precluding defendant from succeeding to tenancy on death of mother — Whether statutory one succession rule discriminating against defendant as child of widowed parent on ground of “other status” — Housing Act 1985 (c 68) (as amended by Housing Act 1996 (c 52), ss 141(1), 222, Sch 14, para 1, Sch 18, para 9 and Civil Partnership Act 2004 (c 33), s 81, Sch 8, paras 20, 21(1)(3)), ss 87, 88 — Human Rights Act 1998 (c 42), ss 3, 4(2), Sch 1, Pt I, arts 8, 14

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R (Ross (on behalf of Stop Stansted Expansion)) v Secretary of State for Transport

  07 Feb 2020 [2020] EWHC 226 (Admin); [2020] PTSR 799; [2020] WLR(D) 82, QBD (Dove J)

  Subsequent citations: 3.
  PLANNING — Nationally significant infrastructure project — Alteration of airport
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  Case index catchwords

  PLANNING — Nationally significant infrastructure project — Alteration of airport — Application for planning permission for new taxiway links and aircraft stands at airport — Whether proposals involving “alteration” of runway — Whether nationally significant infrastructure project requiring determination at national level — Planning Act 2008 (c 29) (as amended by Growth and Infrastructure Act 2013 (c 27), ss 26(2)), ss 23, 35

  PLANNING — Nationally significant infrastructure project — Alteration of airport — Application for planning permission for new taxiway links and aircraft stands at airport — Whether proposals involving “alteration” of runway — Whether “nationally significant infrastructure project” requiring determination at national level — Planning Act 2008 (c 29) (as amended by Growth and Infrastructure Act 2013 (c 27), ss 26(2)), ss 14(1)(i), 23, 35

  4 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered