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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue: Autumn Budget 2024 Social care Social housing Education Governance Children’s social care Healthcare Pensions Planning Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q& A Autumn Budget 2024 Welsh Government responds to Autumn Budget 2024 The Welsh Government has issued a written statement from the Cabinet Secretary for Finance and the Welsh Language, Mark Drakeford, addressing the Autumn Budget 2024. Wales will receive an extra £774m. Drakeford characterises the Budget as a positive boost for Wales, supporting citizens, communities, local enterprises and public services across the country nationwide. See: LNB News 31/10/2024 33. Social care When is a private care provider exercising a public function for the purposes of section 6 Human Rights Act 1998? ( Sammut v Next Steps Mental...
Evans v Bridgend County Borough Council [2024] EWHC 2607 ( Admin) What are the practical implications of this case? When an LPA is considering whether to refuse to determine a repeat proposal, officers must not delve into its merits or decide that it is futile. The pivotal issue is whether the fresh proposal is the same as, or substantially the same as, the earlier refused scheme. That exercise is one of planning judgment, carried out by assessing each proposal on its own terms. A feature shared with the earlier scheme that was previously decisive against it is a relevant similarity for that planning judgment. Conversely, a proposal covering only half of the former site and seeking a reduced level of housing development is, in rational terms, unlikely to be substantially the same... What is the legal background? An LPA has a...
In this issue: Autumn Budget 2024—key local government announcements Public procurement Governance Social housing Education Children’s social care Social care Healthcare Planning Daily and weekly news alerts New and updated content New Q& A Autumn Budget 2024—key local government announcements On 30 October 2024, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, unveiled a range of measures significant to local government practitioners, spanning public procurement, governance, healthcare, social housing, education, children’s social care, social care, planning and local government finance. The government emphasised that ‘local government is essential to the running of the country’ and to delivering vital services. Commentary on the announcements and their implications for practitioners has been provided by Andrea Squires of Winckworth Sherwood and Amardip Healy of Blake Morgan LLP. See: LNB News...
Sammut (on his behalf and as administrator of the Estate of Paul Sammut) and others v Next Steps Mental Healthcare Ltd (formerly K Bond Healthcare Ltd t/a Next Steps) and another [2024] EWHC 2265 ( KB) What are the practical implications of this case? The result of the case exposes an anomaly stemming from YL v Birmingham City [2007] UKHL 27, and the subsequent, partial legislative rollback of that ruling’s effect in defined categories of situation across specified cases (originally through section 145 Health and Social Care Act 2008 ( HSCA 2008), now replaced by the current provision CA 2014, s 73). In YL, the House of Lords, by a majority, determined that private care home operators and providers delivering community care were not performing a public function for the purposes of HRA 1998, s 6(3)(b). Significantly, the majority drew a...
Oracle Security Services Ltd v Barts Health NHS Trust and others [2024] EWHC 1201 ( TCC) What are the practical implications of this case? Mr Andrew Mitchell KC’s judgment offers significant clarification on how limitation periods operate in procurement challenges under PCR 2015, SI 2015/102, reg 92, confirming that the 30‑day window to issue proceedings starts on the very day the claimant acquires actual or constructive knowledge of the material facts, rather than the next day. For legal advisers, the ruling also highlights the imperative to act without delay on client instructions and pre‑action communications. As illustrated here, knowledge possessed by a claimant’s solicitor is attributed to the claimant, so solicitors must note any pertinent information received during pre‑action exchanges and calculate deadlines accordingly. The decision likewise stresses that contracting authorities and economic operators should clearly record when such information is provided, to...
In this issue Social care Social housing Public procurement Planning Judicial review Education Healthcare Governance Daily and weekly news alerts New and updated content Social care Direct payments representative not a standard authorisation of property and affairs deputyship— Lumb ( SSB) v NHS Humber and North Yorkshire ICB Managing direct payments from a personal health budget as a ‘representative’ under the National Health Service ( Direct Payments) Regulations 2013 does not sit within the usual authorisations of a property and affairs deputyship. A health body may appoint a property and affairs deputy as ‘representative’ under regulation 5(4), yet that role extends beyond the remit of a standard deputyship appointment. Likewise, the functions of a ‘nominee’ under the 2013 Regulations are not encompassed by standard deputyship powers. The Court of Protection can, however, make a targeted appointment granting a deputy authority specifically to oversee direct payments in line with the 2013 Regulations. A case manager is an...
In this issue: Judicial review Governance Public procurement Social housing Healthcare Planning Daily and weekly news alerts New and updated content Latest Q& A Judicial review Purpose of Judicial Review— Re an application by Noeleen Mc Aleenon for Judicial Review ( Northern Ireland) Judicial review concentrates on assessing, on the material before the authority, whether it acted within the law, rather than conclusively determining contested factual issues. A court on review need not uncritically accept the authority’s evidence merely because there is no cross-examination; its task is to judge the legality of the authority’s actions by reference to the information that was before it. The existence of other avenues, such as a private prosecution or a nuisance claim, does not bar judicial review of a public body’s performance of its regulatory duties where the claimant seeks to challenge that exercise in particular. Nor is a complaint to an ombudsman an adequate substitute for judicial review. See:...
In this issue: Public procurement Social housing Social care Children’s social care Healthcare Education Governance Daily and weekly news alerts New and updated content Public procurement GCF launches National Procurement Policy Statement Survey The Government Commercial Function ( GCF) has opened the National Procurement Policy Statement Survey, inviting public sector organisations and suppliers to share views on procurement priorities that will shape the forthcoming National Procurement Policy Statement ( NPPS). The survey aims to draw out ideas and expert insight on framing the NPPS to enable a mission‑driven model for public procurement, enhancing value for money, social value, innovation and collaborative practice. The Cabinet Office is also considering how this refreshed approach could further the government’s missions while reflecting local priorities. The survey closes at midday on 4 November 2024. See: LNB News 07/10/2024 41. SAU reports on the...
What does the Bill do? The Bill is concise, comprising 14 clauses, and comes with fuller Explanatory Notes. Its modest length masks the extensive enabling powers it would confer. In essence, it equips the Secretary of State ( So S) with broad authority to make future secondary legislation across the OPSS’s remit—product regulation, product safety and metrology. It would permit the creation and enforcement of new product rules and obligations, and allow amendment or repeal of specified existing laws. Strikingly, there is no explicit duty to consult prior to using these powers. As to scope, the framework would span most consumer goods—such as toys, cosmetics and machinery—matching the OPSS’s current remit. A schedule lists excluded categories, including medicines, medical devices and food. Three core areas of focus emerge from the Bill and supporting materials: Adapting to new technology: the government wants the UK regime to be...
In this issue: Public procurement Governance Social housing Children's social care Judicial review Social care Healthcare Planning Local government finance Environmental law and climate change Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Public procurement First Procurement Act templates available The Government Commercial Function ( GCF) has published the initial set of templates for authorities working under the Procurement Act 2023 ( PA 2023) regime. The main provisions of PA 2023 are scheduled to commence on 24 February 2025. See: LNB News 27/09/2024 38. Welsh Government provides further guidance documents on Procurement Act 2023 The Welsh Government has issued additional guidance to offer technical support and aid interpretation of the Procurement Act 2023 ( PA 2023). These documents should be read alongside PA 2023 and its...
In this issue Social housing Governance Public procurement Healthcare Education Judicial Review Local government finance Daily and weekly news alerts New and updated content Latest Q& A Social housing Construing local authority policies when issuing civil penalty notices ( City of Bradford MDC v Kazi) The Court of Appeal confirmed that a local authority—and, on appeal, the First-tier Tribunal—did not unlawfully restrict their discretion when relying on a policy to set fines against a landlord via civil penalty notices under the Housing Act 2004. The Upper Tribunal’s contrary approach was erroneous, as it treated a policy clause as excessively rigid and therefore an impermissible fetter. That clause addressed percentage movements to the penalty to reflect aggravating and mitigating considerations. Written by Tara O’ Leary, barrister at Cornerstone Barristers. See News Analysis: Construing local authority policies when...
R (on the application of ZRR) v Bexley London Borough Council [2024] EWHC 2073 ( Admin) What are the practical implications of this case? Because it functions as a consolation duty (owed to applicants refused the main duty due to intentionality), the narrow obligations under s 190—to secure that accommodation is available for occupation for such period as the authority considers will give the applicant a reasonable opportunity of securing accommodation for occupation—can be entirely missed when an authority aims to bring a homelessness case to an end. This judgment makes plain that, despite operating at the closing stage of a case, these are still substantive homelessness functions and are open to challenge if mishandled. While the central dispute concerned the suitability of accommodation offered under HA 1996, s 190, the court’s analysis ranged more broadly over how s 190 should be carried out. A...
In this issue: Social housing Children's social care Social care Planning Public procurement Judicial review Governance Education Healthcare Local government finance Daily and weekly news alerts New and updated content Social housing Construing local authority policies when issuing civil penalty notices ( City of Bradford MDC v Kazi) The Court of Appeal determined that a local authority (and, on appeal, the First-tier Tribunal ( FTT)) did not unlawfully fetter their discretion when applying a policy to calculate fines issued to a landlord by civil penalty notices ( CPNs) under the Housing Act 2004 ( HA 2004). It held that the Upper Tribunal ( UT) had erred in treating a policy provision as so inflexible that it amounted to an impermissible fetter on discretion. The clause in question addressed percentage adjustments to the penalty to...
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...
Vistry Homes Ltd v Secretary of State for Housing, Levelling Up, and Communities and others; Fairfax Acquisitions Ltd v Secretary of State for Housing, Levelling Up, and Communities and others [2024] EWHC 2088 ( Admin) What are the practical implications of this case? A core tenet of planning law is separating the issue of whether a matter counts as a material consideration from the weight it should carry in the determination. Equally, distinguishing the meaning of planning policy from the subsequent exercise of applying that policy to a proposal. The first issues are matters of law. The second are matters of planning judgement for the local planning authority or Secretary of State. So long as all material considerations are taken into account and policies are interpreted correctly, it is for the decision-maker to attach whatever weight he or she considers...
In this issue: Public procurement Children's social care Social care Planning Healthcare Education Governance Local government finance Social housing Daily and weekly news alerts New and updated content Latest Q& A Public procurement Procurement Act 2023 coming into force postponed until February 2025 Parliament has published a written ministerial statement from Georgia Gould, Parliamentary Secretary in the Cabinet Office, proposing a brief deferral to the start date of the Procurement Act 2023 ( PA 2023), previously expected to begin in October 2024. She confirmed the government will lay regulations to move commencement to 24 February 2025. She observed the former administration’s National Procurement Policy Statement ( NPPS) fell short of realising the full potential of public procurement, and a fresh NPPS is being drafted to articulate the new Labour...
Re PQ (court authorised DOL: representation during review period) [2024] EWCOP 41 What are the practical implications of this case? Lawyers and practitioners dealing with community deprivation of liberty matters must recognise how vital it is that the individual has an independent representative in place for the whole duration, namely the ‘review period’ (that is, the period between the final order and a planned review). Frequently, this is secured by appointing a rule 1.2 representative pursuant to the Court of Protection Rules 2007. Where no relative or friend can act under rule 1.2 as the appointed representative, the local authority must consider funding a professional representative, for example a Relevant Person’s Representative ( RPR), an Independent Mental Capacity Advocate, or a Care Act advocate. If the authority declines to meet that cost in the circumstances, the court must decide what...
DJ v Barnsley Metropolitan Borough Council and another [2024] EWCA Civ 841 What are the practical implications of this case? The Court of Appeal has effectively resolved the earlier gap in the law concerning familial foster carers, who are now to be treated in the same way as non-familial foster carers for the purposes of vicarious liability. Where familial foster carers have been assessed and approved by the local authority, vicarious liability may attach even if they receive no remuneration. It remains possible that the Supreme Court will be invited to re-examine the position. What was the background? The claimant, then aged ten, had been deserted by his parents, and the local authority arranged a placement with his maternal aunt and uncle. A foster assessment was undertaken by the local authority, which later assumed parental responsibility for the child. Many years afterwards, the claimant alleged he had been...
In this issue: Governance Social housing Public procurement Children's social care Social care Healthcare Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Governance Grenfell Tower Inquiry publishes final report on investigations The Grenfell Tower Inquiry has released the Phase 2 report into the fire of 14 June 2017 at Grenfell Tower. The Inquiry explains that the report seeks to determine how the blaze was able to spread so widely, so rapidly, in a residential block. In doing so, it identifies long‑term shortcomings across a range of institutions, organisations and individuals over many years, which together created the circumstances that led to the disaster, and concludes that the fire was the culmination of decades of failure by central government and other bodies with...
In this issue: Judicial review Governance Social care Healthcare Highways Daily and weekly news alerts New and updated content Judicial review Policy on re-sitting assessments irrational— R (on the application of Dr Marwa Karmakar) The Administrative Court considered the claimants’ challenges to the legality of a rule set by the Royal College of General Practitioners ( RCGP) restricting candidates to four attempts at each of the three assessment components, even where a candidate only learns after an attempt that she has a disability which, had it been known, would have justified ‘reasonable adjustments’ such as extra time. The first claimant ( K), a GP trainee, sat the applied knowledge test three times and did not pass. Her educational supervisor subsequently suspected a neurodiverse condition and referred her for assessment. The resulting report identified a neurodiverse cognitive profile. On the strength of that, K requested adjustments for her fourth sitting. She received an...
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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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