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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Background Old Truman Brewery Ltd, the second respondent, sought planning permission to redevelop a former brewery in Spitalfields. The proposal was placed before the London Borough of Tower Hamlets Council’s Development Committee (the “ Committee”) at its meeting on 27 April 2021, attended by five members. On that date, the Committee voted unanimously to defer deciding the application. The matter returned to the Committee on 14 September 2021. By then, the Committee’s composition had changed from that of the 27 April 2021 meeting. The Council’s standing orders stated that, where a planning application is deferred and reconsidered at a later meeting, only Members who were present previously may vote on it. Consistent with that rule, it was announced at the start of the 14 September 2021 meeting that only councillors who had attended on 27 April 2021 were entitled to vote on the...
What are the practical implications of this case? This judgment sets out several practical points concerning exclusions of pupils and clarifies the role of the Governors’ Disciplinary Committee ( GDC), offering helpful guidance for education law practitioners. These include: The headteacher’s consideration of behaviour. The statutory guidance on suspensions and exclusions provides that the test involves assessing whether conduct is ‘serious or persistent’. In this matter, the permanent exclusion arose from two distinct assaults, which the headteacher characterised as serious incidents. They nonetheless relied on persistent breaches of the behaviour policy as an alternative if the GDC were unconvinced that the assaults in isolation warranted permanent exclusion. The IRP challenged this, contending a headteacher must choose a single basis. The Court held it would be ‘artificial and misleading’ to force such a choice, and that it is...
The Labour Government has stated in its reply that it will carry forward the former Conservative administration’s plans to cap the period for producing local plans at 30 months. These proposals introduce a six-stage process for preparing local plans and a six-month examination, with up to three further months where consultation on proposed modifications is required; any consultation pause cannot exceed six months. They also provide for three compulsory ‘gateway checks’ by inspectors, alongside simplified evidence demands on local authorities. LURA 2023 had set out within this proposed planning framework......
In this issue: Public procurement Education Healthcare Social care Children's social care Social housing Governance Environmental law and climate change Highways Planning Daily and weekly news alerts New and updated content Public procurement Cabinet Office refreshes its direction on publishing pre- PA 2023 procurements to Contracts Finder. Procurement Policy Note PPN 019: Requirements to publish on Contracts Finder replaces PPN 01/23 and, with its linked transparency guidance, applies solely to procurements started under the Public Contracts Regulations 2015 ( PCR 2015). See: LNB News 11/03/2025 52. Cabinet Office updates its approach to social value in public procurement. Procurement Policy Note ( PPN) 002: Taking account of social value in the award of contracts was issued alongside the National Procurement Policy Statement in advance of the Procurement Act 2023 ‘go-live’ in February 2025. PPN 002 advises contracting authorities on incorporating social value when awarding central government contracts, using the revised Social Value Model and the...
Our verdict The Planning and Infrastructure Bill reached Parliament on 11 March 2025. It sits at the heart of the Labour government’s programme and aligns with its stated missions, which include kickstarting economic growth and making Britain a clean energy superpower, as well as its broader commitments to reform the planning regime to support development—including the delivery of 1.5 million new homes over the course of the current parliament. It is, by any standard, an ambitious package of legislation. However, even though many of the measures proposed are encouraging for developers, especially the reintroduction of spatial planning and the updating of National Policy Statements, significant challenges and uncertainties remain in practice, particularly concerning the sufficient and sustained resourcing of LPAs. LPAs will gain new powers to set their own planning fees, rather than rates being set nationally by the Secretary of State as is...
R (on the application of GB News Ltd) v The Office of Communications ( OFCOM) [2025] EWHC 460 ( Admin) What are the practical implications of this case? The rising incidence of politicians stepping into atypical media slots will inevitably require OFCOM to address due impartiality and accuracy in news and current affairs more often. Achieving the appropriate balance is notoriously difficult: upholding freedom of expression whilst maintaining impartial and accurate reporting, all against a backdrop of numerous alternative, unregulated online sources, including social media and podcasts. The judgment supplies useful guidance and clearer contours to the existing framework. On the footing of the current Broadcasting Code, the court stated that OFCOM’s effort to stretch the Code so as to forbid politicians from presenting hybrid news and current affairs programmes was unsound. As a result, broadcasters enjoy wider editorial discretion when appointing...
Professional Standards Authority for Health and Social Care v General Pharmaceutical Council and another [2024] EWHC 3005 ( Admin) What are the practical implications of this case? The practical consequences for those working in professional discipline are three-fold: There is a stringent threshold for granting and upholding stays of proceedings before FTP Committees and, on review, by the courts in healthcare regulation. This reflects regulators’ primary duty to protect public safety, serve the public interest, and uphold professional standards. In this judgment, Mrs Justice Lang emphasised that alternative steps to correct a fundamental factual error could, and should, have been considered by the Committee instead of ordering a stay. For prosecution discipline practitioners in particular, it is a warning that the Courts will readily pinpoint, confront, and censure poor practice and failings. In this matter, Lang J was forthright in identifying individual staff...
R (on the application of RWU (by his litigation friend LTA) (anonymity direction continued) v the Governing Body of A Academy [2025] EWCA Civ 147 What are the practical implications of this case? Under Article 4 of the ECHR, schools and academies carry affirmative obligations to implement suitable steps for a pupil whenever they know, or reasonably should know, of circumstances that create a credible suspicion of a real and present risk that the pupil has been, or is being, trafficked or exploited. In some instances, the very circumstances engaging the Article 4 protective duty will plainly be a clearly pertinent consideration when deciding whether to impose a permanent exclusion, at all relevant stages of the exclusion decision-making process overall. A school does not breach Article 4 merely because there exists ‘a risk that permanently excluding a child will heighten his...
R (on the application of BLZ) v Leeds City Council [2025] EWHC 154 ( Admin) What are the practical implications of this case? This ruling carries several important practical consequences for local authorities and the Home Office: Local authority duties—councils must now disregard the existence of HOBA when assessing their functions under the CA 2014; they cannot treat HOBA as satisfying accommodation for FNOs who have care and support needs. Alignment with asylum support—the judgment brings the handling of HOBA into line with asylum support accommodation, ensuring a consistent approach to accommodation duties across immigration-related housing. Policy adjustments—the Home Office may have to amend policies and day-to-day practices so that FNOs in HOBA receive appropriate care and support, including fixing policy gaps that fail to spot and refer care needs to local authorities. Resource allocation—local authorities may need to dedicate additional resources to meet...
Working on Wellbeing Ltd Trading as Optima Health v Secretary of State for Work and Pensions and another [2025] EWCA Civ 127 What are the practical implications of this case? Case law on fixing mistakes in tenders has sown uncertainty for years. Authorities often wish to seek clarifications on bids, yet hold back for fear of infringing equal treatment. This judgment introduces a fresh test to determine when clarification of bids is permitted or required. It should enable authorities to deploy sensible discretion, putting fair and healthy competition in public procurement first. It also offers a timely reminder to secure clear drafting, particularly around exclusion provisions. The decision concerns a procurement run under the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102. It will continue to be relevant to how far authorities may, or must, clarify bids under sections 19 and 30 of the...
In this issue: Public procurement Social housing Social care Education Children's social care Governance Healthcare Licensing Local authority prosecutions Environmental law and climate change Planning Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Public procurement Court of Appeal rules on duty to clarify tender submissions with bidders in UK public procurement ( Working on Wellbeing Ltd trading as Optima Health v (1) Secretary State for Work and Pensions (2) Department for Work and Pension) In a notable ruling in Working on Wellbeing Ltd trading as Optima Health v (1) Secretary State for Work and Pensions (2) Department for Work and Pension [2025] EWCA Civ 127, the Court of Appeal allowed Optima Health’s appeal after its disqualification from a Department for Work and Pensions ( DWP)...
R (on the application of Sabhya Bano) v Waltham Forest London Borough Council [2025] EWCA Civ 92 What are the practical implications of this case? The principal implication is that an offer of suitable private rented sector accommodation, or suitable accommodation under HA 1996, Pt 6, constitutes adequate notification that acceptance or refusal of that accommodation likewise brings the continuing duty to secure temporary accommodation under HA 1996, s 193(2) to an end, without any requirement for the local authority to reach a further decision terminating the duty or to provide the applicant with any additional notice of such a decision. Moreover, judicial review is not the appropriate remedy; the correct route is a review under HA 1996, s 202, with a route to an appeal under HA 1996, s 204 if that review is defective. Further, the Court of Appeal identified that, where there are...
In this issue: Public procurement Local government finance Children's social care Education Social housing Social care Environmental law and climate change Daily and weekly news alerts New and updated content Latest Q& A Public procurement Procurement Act 2023 ‘go live’—what happens next? From 24 February 2025, the main provisions of the Procurement Act 2023 ( PA 2023) took effect. Procurements started on or after that date must proceed under PA 2023, while those commenced beneath the earlier legislation (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and administered pursuant to that earlier legislation and regime. This analysis sets out some of the principal details and developments, with practical tips and insights from expert...
What has ‘gone live’? From 24 February 2025, PA 2023 has gone live, so the core provisions of the new UK public procurement regime now govern covered procurements. This spans public contracts let by central government, local authorities, and other public sector bodies for goods, services, and works above the applicable financial thresholds. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. How did we get here? Implementation followed an extensive journey, beginning with consultations under the previous government on post‑ Brexit reforms intended to streamline rules and enhance transparency. After parliamentary scrutiny and engagement with stakeholders, PA 2023 received Royal Assent on 26 October 2023, with a phased transition promised so contracting authorities and suppliers could adapt. A go‑live first set for 28 October 2024 moved to 24 February 2025 to allow for implementing legislation, system updates, and a...
Stanuszek v Bunyan ( Listing officer) ( No 2) [2025] EWHC 255 ( Admin) What are the practical implications of this case? Described as the appellant’s second bout of litigation, Stanuszek No 2 affects legacy council tax liabilities accruing before 1 December 2023. The effect is that responsibility rests with tenants and occupiers of rooms identified as separate hereditaments, treated as self-contained dwellings liable under LGFA 1992, s 3. These disputes stem from a Valuation Office Agency approach, in place since 2015, of selectively splitting HMOs by assigning individual bedrooms to council tax bands—often as Band A flats—even where the rooms lack essential cooking or washing facilities. The VOA defended standalone entries by reference to the ‘ingredients’ of rateable occupation articulated in John Laing & Son Ltd v Assessment Committee for Kingswood Assessment Area [1949] 1 KB 344. In Stanuszek v Bunyan [2023] EWHC 3275 (...
Re X and Y [2025] EWCA Civ 2 What are the practical implications of this case? This judgment carries considerable weight: the Court of Appeal determined that the court lacks power to annul or rescind an adoption order on welfare grounds, regardless of how persuasive the circumstances appear. The court stated that a poor outcome after adoption, and the fact that undoing the order would benefit the adoptee, whether minor or adult, does not justify the judiciary creating a remedy that Parliament has deliberately withheld. It underscores that adoption orders are transformative in nature, possess a unique finality, and are designed to be permanent, enduring for life as though the child were born to the adopter. The ruling aligns entirely with the strong policy position that adoption effects a total, lifelong and irrevocable transfer of parental status. However, where there have been...
In this issue: Public procurement Healthcare Social housing Education Governance Children's social care Social care Planning Daily and weekly news alerts New and updated content Latest Q& A Public procurement TCC considers permission for late re-amendments to statement of case in emergency network contract dispute ( Airwave v Secretary of State) The case of Airwave v Secretary of State concerned a late bid to re‑amend an Amended Defence. The court declined permission for changes that were predominantly historic and bore no direct bearing on the defendants’ position. By contrast, it allowed re‑amendments with a genuine prospect of success, on condition that the defendants reformulated them as a crisp, self‑contained summary of the specific allegation. The court also emphasised that sweeping cross‑references to documents are unsuitable where concise particulars are required. Although the...
R (on the application of MV) v Lewisham London Borough Council [2025] EWHC 280 ( Admin) What are the practical implications of this case? Public bodies must ensure they apply the latest policies when taking decisions. In this matter, the London Borough of Lewisham relied on an out-of-date housing policy, so the decision was set aside. After identifying the initial error, the defendant acted prudently and withdrew the later decision to enable a fresh application. Nonetheless, the judgment is a clear reminder to local authorities and housing associations to make sure current policies and procedures are effectively circulated to everyone operating within their organisations, especially those who take decisions. The November 2022 decision was manifestly flawed because it rested on the previous housing allocations policy. That misstep was entirely avoidable. The case also underlines the need to review and refresh policies so that...
R (on the application of Simpson) v NHS Mid and South Essex Integrated Care Board [2024] EWHC 3063 ( Admin) [ Case name and citation] What are the practical implications of this case? Fordham J’s judgment clarifies that, when courts review CHC packages, they must strike a careful equilibrium: applying close scrutiny while also honouring the decision-maker’s primary role. He stresses the importance of steering clear of an unduly legalistic stance that would impose ‘over-exacting demands’ on decision-makers. This approach aligns with how the reasonableness (or rationality) threshold is used in other settings that engage fundamental rights yet also entail complex choices about allocating resources. Practitioners advising clients who are challenging CHC packages may find it helpful to appreciate more fully the way the reasonableness standard was worked through on the particular facts of this case......
Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government and another [2025] EWCA Civ 32 What are the practical implications of this case? This judgment provides a close examination of the connection between the NPPF and the PPG—two distinct strands of national planning policy regularly relied upon by participants in both plan-making and development management. Although the court concentrated on how the NPPF and PPG interact in the particular setting of flood risk and the sequential test, its conclusions about their respective roles and their interrelationship have general effect and broader importance. The court found that they typically serve different purposes: the NPPF sets out aims and overarching principles, while the PPG clarifies these and explains how they should be applied. The PPG is prepared through a less formal process, making it more accessible and capable of adapting to changing...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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