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City of Bradford Metropolitan District Council v Kazi [2024] EWCA Civ 1037 What are the practical implications of this case? This ruling will be welcomed by local authorities nationwide, many of whom operate comparable policies. They can continue to apply those policies with confidence, while recognising they are guidance to be used flexibly in light of the facts of each case. Local authorities and the FTT should likewise keep to Marshall [54]: start from the policy and deviate only where a landlord has shown there are exceptional grounds. That said, they must remain alert to the policy’s aims and consider whether those aims will still be achieved if the policy is not followed. In this matter, having decided the second ground, the Court of Appeal declined to determine the first issue (para [47]). Interestingly, the judgment also signals agreement with the view that appeals under HA 2004, s 249A are not a vehicle for challenging a local authority’s housing policy, but only a means to contest a penalty...
Fertré v Vale of White Horse District Council (The3million Ltd Secretary of State for Housing Communities and Local Government; Independent Monitoring Authority for the Citizens’ Rights Agreements; Shelter, the National Campaign for Homeless People Ltd and The Aire Centre, intervening) [2025] EWCA Civ 1057 What are the practical implications of this case? The Court of Appeal reiterated the divide between domestic residence rules and those under EU law, finding that Pre-Settled Status is a matter of UK law. Pre-Settled Status goes further than the EU residence rights framework. The pool of EU citizens eligible for Pre-Settled Status includes those who have EU residence rights by complying with the Citizens’ Rights Directive 2004/38/EC, but also those who do not meet the Directive and therefore lack such EU rights. In this case, the appellant held only Pre-Settled Status and had no enforceable EU right of residence beyond the first three months, so was not entitled to local authority housing. However, some with Pre-Settled Status also possess enforceable EU residence rights...
Lillystone v Bradgate Education Partnership [2025] EWHC 3341 (KB) What are the practical implications of this case? Accidents caused by balls escaping play (Bolton v Stone [1951] AC 850) are not unusual. Incidents involving people climbing fences (Phillips v South East Education and Library Board [2015] NIQB 91; Wray v Derry City and Strabane District Council [2020] NIQB 39) also arise. More broadly, the decision reinforces that OLA 1957, s 1(1) limits the duty of care owed by owners/occupiers to dangers stemming from the state of the premises and to acts or omissions in relation to that state. Relying on Tomlinson v Congleton Borough Council [2004] 1 AC 46, the appeal court drew a distinction between hazards attributable to the condition of the premises where what was done, or not done, formed part of that condition—such as, for example, allowing speedboats to circulate in an...
RED II—overview The recast Renewable Energy Directive (Directive (EU) 2018/2001, RED II) took effect on 24 December 2018, with a deadline for transposition of 30 June 2021. Its main objective is to set a common framework to advance the use of energy from renewable sources. Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, concerning the promotion of renewable energy and amending RED II, Regulation (EU) 2018/1999 (the Governance Regulation) and Directive 98/70/EC, appeared in the Official Journal on 31 October 2023 and came into force on 20 November 2023. The transposition deadline is 21 May 2025, save for the following items which had to be enacted in national law by 1 July 2024: the new Article 15(e) of Directive (EU) 2018/2001 (covering the designation of dedicated infrastructure areas), and the new Articles 16, 16b, 16c, 16d, 16e and 16f of Directive (EU) 2018/2001 (covering permitting procedures and requirements) The revising Directive (EU) 2023/2413 chiefly...
Key information Floods Directive Official title: Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (the Floods Directive) In force from: 26 November 2007 (Art 18) Transposition deadline: 25 November 2009 (Art 17) National implementation: See Eur-Lex information on national transposition measures, as provided by Member States Amendments: None Subject: Flooding Purpose of the Floods Directive The Directive sets a common approach to evaluate, manage and lessen the risk of floods—particularly along rivers and in coastal zones—to protect human health, the environment, property and economic activity across the EU. It calls for the assessment of flooding risk within river basins, the creation of flood hazard and risk maps wherever serious flood risk is present, and the preparation of flood risk management plans by Member States. Prevention and management actions are arranged by river basin districts (which may encompass several river basins), as established by...
STOP PRESS: From 25 March 2026, the principal elements of the Levelling-up and Regeneration Act 2023 that relate to plan-making have taken effect. This Practice Note is in the process of being revised to reflect this. Be aware that further sections of the Levelling-up and Regeneration Act 2023 (LURA 2023), still awaiting commencement, remove the duty to cooperate, with regulations anticipated to implement that repeal during 2026. For more information, refer to: Abolition of the duty to cooperate in the Levelling-up and Regeneration Act 2023. What is the duty to cooperate? The duty to cooperate originated in the Localism Act 2011. It imposes a statutory obligation on local planning authorities (LPAs), county councils and public bodies in England to work together constructively, proactively and continuously, so as to optimise the preparation of local (and marine) plans on strategic issues that cross administrative boundaries. For the purposes of the duty to cooperate, section 33A(4) of the Planning and Compulsory Purchase Act 2004 (PCPA 2004) describes ‘strategic matters’ as:...
Claim No. [ enter claim number ]. [ BEFORE THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ enter location ] ] ] [ State division ] [ Name specialist court ] [ Enter location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ enter location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] In relation to Council Regulation (EC) No...
To: [ name ] of [ address ] Please note that: The [ name ] [ District ] [ Borough ] [ City ] Council (the Council) is satisfied that a statutory nuisance [ exists OR is likely to [ occur OR recur ] ] under section 79(1) [ specify which subsection ] of the Environmental Protection Act 1990 (EPA 1990), originating from [ the premises at ] [ specify the address of the source of the nuisance ] and resulting from [ describe the matters which are causing the nuisance ]. This abatement notice is issued to you as you are [ the person responsible for the statutory nuisance OR [ the owner OR the occupier of ] the premises ]. What you are required to do [ You are required to abate...
Submitted on behalf of the respondent Witness statement provided by [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] for this witness herein Exhibits referenced: [ insert initials and number of each exhibit mentioned ] as described where applicable Date the statement was made: [ insert date ] [ Translation date: [ insert date ] ] Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] In the matter of Council Regulation (EC) No. 44/2001 and in relation to the judgment of [ Court of Origin ] dated [ Date ] ...
On 23 October 2020, Nesil Caliskan, Chair of the Local Government Association’s (LGA) Safer and Stronger Communities Board, issued remarks about the powers councils require to curb the transmission of coronavirus (COVID-19). Caliskan argued that local authorities should be able to take “rapid action” against businesses that do not put in place appropriate safety measures, adding that he “look[s] forward to hearing more details…over the coming days”. See: LGA seeks tools to combat businesses violating safety measures amid coronavirus (COVID-19)—LNB News 23/10/2020 86. The interventions designed to limit the spread of coronavirus continue to change as government policy tracks how the virus is circulating within communities. To streamline arrangements, a three-tier set of response levels was brought in to manage localised transmission of coronavirus. These regulations took effect in England on 14 October 2020, establishing a three-tier framework of restrictions intended to tackle local outbreaks of coronavirus. The regulations were made under powers granted by sections 45C(1), (3)(c), (4)(b), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease)...