Metropolitan district meaning

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...

In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...

In this issue: Residential tenancies Key developments and horizon scanning Disputes and remedies Repairing obligations and dilapidations Enfranchisement and right to manage Trespass and adverse possession Contractual issues Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Residential tenancies Errors in section 21 possession procedure documents were not material (Hamer v Levy) In Hamer v Levy [2026] EWCA Civ 662, the Court of Appeal (Civil Division) allowed the appellant to seek permission to appeal, but nevertheless dismissed the appeal. She contested an order that had struck out her challenge to a District Judge’s possession order. The landlord had issued a section 21 notice to obtain possession of the property let under an assured shorthold tenancy. The Court confirmed that any flaws in the section 21 possession documentation were immaterial. It further held there was a procedural...

Local authorities This Practice Note identifies which local authorities may authorise and regulate on-street parking, stressing that the competence is confined to roads and requires the consent of the highway authority or any other person charged with maintaining the road. It also sets out how councils can impose charges for designated on-street parking places, including through parking meters and other parking devices. At common law, leaving a vehicle on a highway constitutes an obstruction of the public right of passage, yet stopping has always been permitted for loading and unloading, and (for reasonable periods) during meal breaks or where there is mechanical breakdown. In any case, it is arguably not a genuine obstruction (ie not a nuisance at common law) if there is ample space for traffic to pass the parked vehicle. The Road Traffic Regulation Acts addressed this by authorising certain local authorities to allow on-street parking. With permission came regulation and, in turn, parking charges. Outside Greater London, the bodies empowered to permit and control on-street...

For the purposes of enforcing the powers and duties set out in the Food Safety Act 1990 (FSA 1990), every London borough council, district council and non‑metropolitan county council functions as the “food authority”. Under FSA 1990, s 34, proceedings for offences under ss 7, 14 and 15 must be brought within three years of commission, or within one year of discovery by the prosecutor, whichever comes first. For the meaning of “discovery”, see Practice Note: Time limits for commencing criminal proceedings. For further guidance on food safety prosecutions, see Practice Note: Decision to prosecute for . Rendering food injurious to health It is an offence under the FSA 1990 to produce food intended for sale for human consumption that may harm a person’s health. This is an either way offence, triable in the magistrates’ court or the Crown Court. Food may be rendered injurious to health by: introducing any article or substance into the food employing any article or substance as an ingredient...

Statutory user rights—background Statutory user rights emerged to support local authorities following the 1974 overhaul of local government. Prior to that change, numerous urban district or borough councils (UDCs) existed across non-metropolitan England and Wales, based in sizeable, substantial town hall premises. The Local Government Act 1972 (LGA 1972) swept away all UDCs. In many instances, in practice, they were superseded by far larger district councils, themselves operating alongside continuing, though significantly altered, county councils in place. Yet certain duties—particularly managing parks, recreation grounds and allotments—were assigned to a newly created parish council mapped precisely onto the former UDC area. A large number of these new urban parish bodies took on the designation of town council, in many cases. Because most responsibilities of the former UDC moved to the district council, ownership of the old town halls passed to the new district councils; however, the new town councils preserved statutory user rights. Under these statutory user rights, this meant, for example, that the town clerk would occupy one or...