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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 Sole traders, informal partnerships and outdated partnership deeds are common.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: Public procurement Governance Social housing Children's social care Planning Environmental law and climate change Social care Daily and weekly news alerts New and updated content Public procurement An occupational hazard – a sub‑optimal outcome for a non‑compliant bidder ( Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions and another) Optima Health ( Optima) contested the Department for Work and Pensions’ ( DWP) exclusion of its bid from a mini‑competition on the basis that it failed to comply with a requirement not to exceed framework price ceilings (the Decision). Mr Justice Freedman, sitting in the English High Court, dismissed the challenge, holding that the Decision was lawful in the circumstances. Authored by Andrew Dean, head of UK Procurement and Public Law, and Hafsah Akhtar, trainee...
In this issue: Social housing Education Children's social care Social care Healthcare Governance Licensing Planning Environmental law and climate change Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Homelessness suitability—human rights and religious freedom ( Ghaoui v LB Waltham Forest) Reported to be the first ruling to consider Article 9 of the European Convention on Human Rights ( ECHR) (freedom of thought, conscience and religion) alongside the assessment of whether accommodation provided to discharge a homelessness duty under the Housing Act 1996 ( HA 1996) is suitable. The appellant maintained that the offer of accommodation to fulfil the main homelessness duty was inappropriate because the respondent council had not properly taken into account the consequences of their decision to keep their children in a local faith school. The appeal was dismissed. The judgment offers guidance to local authority officers and applicants’...
Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions and another [2024] EWHC 766 ( TCC) What are the practical implications of this case? This judgment stands as both a warning and a reference point for suppliers and contracting authorities on managing non-compliant tenders. For authorities, there are two principal lessons: Non-compliance can be complex to assess, so decisions must be robust, impartial and well-evidenced. The court placed weight on DWP’s structured approach, noting it mapped out and evaluated multiple options, which underpinned the finding that DWP acted lawfully and rationally when making the Decision. Clear, unambiguous tender documentation is essential. Although the court found entirely in DWP’s favour, shortcomings linked to its tender materials prolonged the mini-competition and fuelled the dispute. For example, it took 12 months and five versions of the Pricing Schedule before a...
Ghaoui v Waltham Forest London Borough Council [2024] EWCA Civ 405 What are the practical implications of this case? This decision offers down-to-earth direction for homelessness officers on handling human rights considerations when judging suitability, confirming that, even where human rights are engaged, the task remains essentially practical rather than a purely legal one. Officers should focus on pinpointing and balancing the pertinent factors as mandated by the Homelessness ( Suitability of Accommodation) ( England) Order 2012, SI 2012/2601, and take their cue from the statutory Homelessness Code of Guidance. Paragraph 1.28 of the Code imposes an obligation to consider human rights implications in the exercise of the authority’s powers. The exercise is not meant to be a piece of legal theorising, and the presence of EHCR principles does not require an officer to undertake a ‘structured human rights analysis’ for each...
In this issue: Public procurement Social housing Education Children's social care Social care Healthcare Local government pensions Licensing Planning Daily and weekly news alerts New and updated content Public procurement Cabinet Office announces 28 October 2024 as provisional go-live date for procurement regime The Government Commercial Function ( GCF) is working towards a 28 October 2024 go-live for the new procurement regime, to be confirmed by commencement regulations expected in May 2024. Procurements begun under existing rules will continue under that legislation. This signals the start of a six-month preparation window, during which the GCF will release a full programme of learning and development to help practitioners implement the reforms. Alongside guidance already available, further materials will explain how to move from the current framework to the new...
R ( Low Carbon Solar Park 6 Ltd v (1) Secretary of State for Levelling Up Housing and Communities (2) Uttlesford District Council [2024] EWHC 770 ( Admin) What are the practical implications of this case? An inspector deciding a planning application under the TCPA 1990, s 62A may, by virtue of reg 6 of the Town and Country Planning ( Section 62A Applications) Written Representations and Miscellaneous Provisions) Regulations 2013 ( SI 2013/2142), decline to take account of any representations or material lodged after the representation period has closed. If an inspector does this, the issue is whether it amounts to procedural unfairness. HHJ Jarman restated the orthodox position that fairness is a fact-sensitive concept, dependent on the specific circumstances of each case. On the facts here, the inspector’s choice not to consider the claimant’s rebuttal statement did not result in...
What are the practical implications of this case? The key takeaway for local authorities is to ensure that relevant policy documents are reviewed at intervals so they keep pace with shifts in legislation and guidance, and to update policies so those developments are clearly mirrored. Westminster’s policy contained no express reference to the PSED. The judgment reaffirmed Lord Justice Mc Combe’s observations in R ( Bracking) [2013], All ER ( D) 75 ( Nov), namely that the PSED imposes a significant obligation on public authorities and sits at the centre of policy-making. It follows that explicit recognition of the PSED within policy texts is essential. The shortcomings extended further: the policy, introduced in 1990, failed to acknowledge numerous pertinent and more recent changes in statutory guidance. Where a policy confers discretion—and that will often be the case—it is essential that internal or published guidance is...
In this issue Public procurement Social housing Children's social care Healthcare Planning Daily and weekly news alerts New and updated content New Q& As Public procurement Cabinet Office releases second tranche of Procurement Act 2023 guidance The Cabinet Office has issued a second batch of guidance to support the Procurement Act 2023 ( PA 2023). This technical material is intended to assist stakeholders, procurement practitioners and commercial policy leads in contracting authorities to interpret and navigate the new regime. The guidance will be released in stages, with completion aimed for June 2024. These materials should be read alongside the PA 2023 and its associated (currently draft) regulations. Each document typically outlines the legal framework, what has changed, key takeaways and policy intent, links to relevant notices or guidance, and where to access further...
In this issue: Public procurement Governance Social housing Education Social care Planning Licensing Local government finance Daily and weekly news alerts New and updated content Public procurement CCS publishes guidance on how to prepare for the Procurement Act 2023 The Crown Commercial Service ( CCS) has issued guidance to help public sector purchasers get ready for the forthcoming new rules under the Procurement Act 2023. The CCS advises public sector authorities to begin preparations as early as possible now and to concentrate on five core workstreams: in particular, the areas of commercial activity; standard operating procedures and policies; guidance and information; systems; and people. The CCS also urges buyers to use the Cabinet Office’s training product, Transforming Public Procurement Knowledge Drops, to support the transition, as it provides a high-level overview of the changes the new...
Swindon Borough Council v Abrook [2024] EWCA Civ 230 What are the practical implications of this case? Viewed practically, the ruling cautions against resorting to ASBIs unless, in the non‑housing sphere under ABCPA 2014, s 2(1)(a), the impugned behaviour genuinely produces harassment, alarm or distress. The Court stressed, time and again, the requirement for convincing proof that the statutory threshold is actually satisfied. A ‘bald assertion’ about the impact of conduct will not suffice (para [108]). The evidential picture ought to contain a clear account of what was done and its real, or anticipated, consequences. That may come from an individual, or several people, who recount the conduct and explain that they experienced one of the three outcomes, and why. Alternatively, if such direct testimony cannot be obtained (para [103]), the applicant must put forward material which, with adequate descriptive...
In this issue: Public procurement Governance Social housing Education Children’s social care Healthcare Social care Lex Talk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q& As Public procurement Procurement Policy Note provides updated Standard Selection Questionnaire The Cabinet Office has released Procurement Policy Note 03/24: Standard Selection Questionnaire ( SQ) ( PPN 03/24), giving guidance to contracting authorities on the refreshed SQ and associated statutory guidance. It applies to all contracting authorities in England, and those in Wales and Northern Ireland carrying out wholly or mainly reserved functions, when conducting above-threshold procurements under part 2 of the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102. The updated selection questions, and any other amendments in PPN 03/24, must be adopted within three months of...
XY v Secretary of State for the Home Department [2024] EWHC 81 ( Admin) What are the practical implications of this case? Despite clear authorities condemning reliance on undisclosed policies that conflict with published guidance—see R ( Lumba) v Secretary of State for the Home Department [2012] 1 AC 245—and affirming the constitutional requirement to communicate adverse administrative decisions so individuals can challenge them— R ( Anufrijeva) v Secretary of State for the Home Department and another [2004] 1 AC 604—the defendant in this case secretly halted decisions that ought to have been taken under the published policy. While no new legal principle emerges, the judgment serves as a prompt to practitioners that, notwithstanding the clarity of these authorities, judicial review may still be required and substantial steps taken to secure adequate disclosure of any concealed policies. It further warns against...
In this issue: Public procurement Governance Social housing Education Children's social care Social care Planning Daily and weekly news alerts New and updated content Public procurement Cabinet Office publishes first suite of Procurement Act 2023 guidance documents The Cabinet Office has issued an initial tranche of guidance on the Procurement Act 2023 ( PA 2023). Designed to offer technical support, the materials explain interpretation and application of PA 2023, and are directed at procurement practitioners and commercial policy leads within contracting authorities. Each document should be read alongside PA 2023 and the related regulations. The Cabinet Office confirms a staggered release, aiming to complete the full set by June 2024. The Procurement Regulations 2024 have likewise been released in final form for Parliamentary debate. These draft regulations include the amendments flagged in the...
No more Blank Spaces— Routine redaction of the names of junior civil servants is incompatible with the Duty of Candour ( R ( IAB & Others) v So S Home Department & Another) R ( IAB and others) v Secretary of State for the Home Department and Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 66 What are the practical implications of this case? This ruling means that when government departments disclose material in judicial review proceedings, the disclosing party can no longer, as a routine measure, remove the names of officials below SCS ( Senior Civil Service) level—covering about 98% of the Civil Service. The court observed that it will usually be acceptable to redact contact information where that is useful; otherwise, any such deletions must be justified, and permission obtained by applying in accordance with the...
What do online services likely to be accessed by children need to consider? The ICO issued a refreshed Opinion on age assurance for the Children’s Code in January 2024, a little over two years after the initial publication. The updated document emphasises that this field is fast-moving, still advancing and in flux, with the recent growth in AI use and the commencement of the OSA 2023 driving changes to the earlier text. Although Ofcom will oversee the OSA 2023, Ofcom will draw upon the ICO’s work undertaken since the Children’s Code was first produced, and the two regulators have been—and continue to be—working closely together on these matters. Between the first and revised editions, the ICO shaped its guidance through focus groups and engagement with innovators, specialists, technologists and organisations. It also carried out voluntary audits, reviewing how online services recognise risks to...
In this issue: Public procurement Social housing Education Healthcare Children's social care Governance Planning Local government finance Daily and weekly news alerts New and updated content Public procurement Procurement Policy Note introduces optional standard carbon reduction contract schedule The Cabinet Office has issued Procurement Policy Note 01/24: Carbon Reduction Contract Schedule ( PPN 01/24), offering contracting authorities advice on a new optional, standardised carbon reduction schedule for inclusion in government contracts. PPN 01/24 covers all central government departments, their executive agencies, and non-departmental public bodies. Other public sector contracting authorities may choose to adopt the guidance as well. It takes effect straightaway. Implementation is immediate across applicable bodies. See: LNB News 19/03/2024 37. Social housing Suitability of accommodation and support animals ( AB v Westminster CC) The claimants are a couple, each living with multiple...
R (on the application of Law Society of England and Wales) v Lord Chancellor [2024] EWHC 155 ( Admin) What are the practical implications of this case? The Divisional Court stopped short of holding that the Lord Chancellor breached his statutory obligation under LASPO 2012, s 1. The Law Society failed to establish, on the balance of probabilities, that the criminal legal aid scheme is intrinsically so flawed and deficient that it will generate unfairness in at least a significant and identifiable cohort of cases, such that a contravention of LASPO 2012, s 1 is made out and established. The Court’s conclusion underscores that claimants mounting an ab ante challenge shoulder a heavy evidential load and must show a real, or at minimum impending, infringement of the pertinent legal duty to prevail and succeed. By the same token, the court set an equally exacting...
In this issue: Public procurement Social housing Education Children's social care Social care Planning Local government finance Daily and weekly news alerts New and updated content Public procurement CCS publishes updated commercial pipeline under Procurement Act 2023 The Crown Commercial Service ( CCS) has set out the current priority schedule of commercial agreements expected to be let under the Procurement Act 2023 ( PA 2023), which the Cabinet Office expects to commence in October 2024. CCS has confirmed the Act will not be retrospective, so all existing live commercial agreements will continue to operate under the Public Contract Regulations 2015 ( PCR 2015), SI 2015/102. CCS also indicated it will run procurements under both PCR 2015 and PA 2023 for a time, during a transitional period, until current agreements end, are replaced, or otherwise lapse. See: LNB News 11/03/2024 82. Defra reports appointment of independent adviser to review food...
R (on the application of AB and another) v Westminster City Council [2024] EWHC 266 ( Admin) What are the practical implications of this case? While the decision may appear to hinge on its own facts, it draws attention to matters of broader significance. After the judicial review was issued, the claimants were moved to different accommodation. Westminster maintained that the new placement was suitable, yet this was not stated until its detailed grounds of defence were served. It acknowledged that a formal notice should have been given at around the time of provision, confirming suitability and informing the claimants of their right to seek a review of that suitability. The court regarded this omission as unfortunate but concluded it did not preclude Westminster from arguing that the accommodation met the required standard. The judgment also underscores the need to plead the case one intends to run....
Northumbria Healthcare NHS Foundation Trust v HMRC [2024] EWCA Civ 177 It was undisputed that the appellant, Northumbria Healthcare NHS Foundation Trust, qualified as a public authority for the purposes of section 41A of the Value Added Tax Act 1994 ( VATA 1994). The question was whether, in providing car parking facilities, the Trust satisfied the two statutory conditions in VATA 1994, s 41A for treatment as a non-taxable person. The car parking services had to be supplied in the course of activities undertaken by the Trust acting as a public authority; and The supply must not give rise to a significant distortion of competition. The Court concluded that both requirements were fulfilled. The notion of a “special legal regime” was pertinent to the first condition and stems from Court of Justice of the European Union authority on the...
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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 ...
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