Results: 135

• R (Wiltshire Council) v Hertfordshire County Council

  22 May 2014 [2014] EWCA Civ 712; [2014] PTSR 1066; [2015] 2 All ER 518; [2015] LGR 276; [2014] WLR (D) 229, CA

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Community care services — Discharged mental patient
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  Case index catchwords

  LOCAL GOVERNMENT — Community care services — Discharged mental patient — Dispute as to which local authority responsible for providing after-care services — Patient subject to hospital order with restrictions — Patient conditionally discharged but recalled then discharged again — Whether patient to be treated as being resident in area of same local authority as when original hospital order made — Mental Health Act 1983, s 117(1)(2)(3) (as amended by Mental Health (Patients in the Community) Act 1995, s 1(2), Sch 1, para 15 and Health and Social Care Act 2012, s 40(2)

  2 Case(s) considered

  1 Statute considered

• Centro Hospitalar de Setúbal EPE v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda

  19 Jun 2014 (Case C-574/12); EU:C:2014:2004; [2014] PTSR 1174; [2014] WLR (D) 272, ECJ

  Subsequent citations: 1.
  EUROPEAN UNION — Public procurement — Public services contract

  EUROPEAN UNION — Reference for a preliminary ruling — Public service contracts
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  EUROPEAN UNION — Public procurement — Public services contract — In-house exception to public procurement procedures — Public hospital contracting authority concluding contract directly with contractor without conducting public tendering procedure — Contractor non-profit association operating in public interest — Majority of contractor’s partners public sector entities — Minority of contractor’s partners private social solidarity institutions — Whether contracting authority and contractor under “similar control” — Whether exception for application of public procurement rules to in-house awards applying — Parliament and Council Directive 2004/18/EC

  EUROPEAN UNION — Reference for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Award of the contract without a procurement procedure (in-house award) — Contractor legally separate from the awarding authority — Centre for hospital assistance and support services — Non-profit association operating in the public interest — Majority of the partners made up of awarding authorities — Minority of the partners made up of entities under private law, non-profit charitable associations — Activity carried out of at least 80% of the annual turnover for the partners’ benefit

  1 Case considered

  1 EU Enactment considered
• Shergill v Khaira

  17 Jul 2012 [2012] EWCA Civ 983; [2012] PTSR 1697; [2012] WLR (D) 214, CA

  04 Feb 2013 (appn all) [2013] PTSR 377, SC(E)

  20 Dec 2013 (Compromise of action) [2013] EWHC 4162 (Ch); [2014] CN 114, Ch D (Judge Purle QC)

  11 Jun 2014 [2014] UKSC 33; [2015] AC 359; [2014] 3 WLR 1; [2014] PTSR 907; [2014] 3 All ER 243; [2014] WLR (D) 263; Case details, SC(E)

  Subsequent considerations : 3 positive; 4 neutral; most recently considered: 2021. Subsequent citations: 55.
  CHARITY — Trustees — Power to appoint

  CHARITY — Charity proceedings — Compromise of action
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  CHARITY — Trustees — Power to appoint — Temples established under charitable trust to promote beliefs of Sikh religious sect — Dispute as to whether particular individual was spiritual successor having power under trust deed to appoint trustees — Claim for declaration that claimant trustees lawfully appointed by spiritual successor — Whether issue involving determination of religious belief — Whether issue justiciable

  CHARITY — Charity proceedings — Compromise of action — Defendants alleging binding agreement compromising appeal — Whether being agreement reached

  9 Case(s) considered
• Hotak v Southwark London Borough Council

  15 May 2013 [2013] EWCA Civ 515; [2013] PTSR 1338; [2013] LGR 781; [2013] HLR 32; [2013] WLR (D) 180; The Times, 4 July 2013; [2013] BLGR 781, CA (Moore-Bick, Richards, Pitchford LJJ)

  07 Apr 2014 (appn all) [2014] PTSR 757, SC(E)

  13 May 2015 (Equality and Human Rights Commission intervening) [2015] UKSC 30; [2016] AC 811; [2015] 2 WLR 1341; [2015] PTSR 1189; [2015] 3 All ER 1053; [2015] HLR 23; [2015] WLR (D) 224; The Times, 25 May 2015; Case details; [2015] BLGR 530, SC(E) (Lord Neuberger PSC, Lady Hale DPSC, Lord Clarke, Lord Wilson, Lord Hughes JJSC)

  Subsequent considerations : 11 positive; 2 neutral; 1 negative; most recently considered: 2024. Subsequent citations: 149.
  LOCAL GOVERNMENT — Homeless persons — Priority need
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  LOCAL GOVERNMENT — Homeless persons — Priority need — Applicant with learning and other difficulties living with and relying on brother — Applicant subsequently presenting as homeless — Local housing authority finding applicant not “vulnerable” and so not in priority need — Housing authority taking into account continuing assistance received from brother — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Housing Act 1996, s 189(1)(c)

  LOCAL GOVERNMENT — Homeless persons — Priority need — Applicants with mental and physical health problems presenting as homeless — Local housing authority comparing applicants with ordinary homeless persons and finding them not “vulnerable” and so not in priority need — Housing authority taking into account continuing support received by certain applicants from family members — Whether housing authority using correct comparator — Whether housing authority in assessing priority need entitled to consider third party personal support received by applicant — Whether public sector equality duty adding to authority’s duty under homelessness legislation — Housing Act 1996, s 189(1)(c) — Equality Act 2010, ss 15, 149

  7 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R (Kebede) v Newcastle City Council

  31 Jul 2013 [2013] EWCA Civ 960; [2014] PTSR 82; [2013] LGR 710; [2013] WLR (D) 322, CA

  Subsequent citations: 2.
  CHILDREN — Former relevant child — Duty to
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  CHILDREN — Former relevant child — Duty to — Claimants non-British citizens with discretionary leave to remain — Claimants formerly looked after by local authority — Claimants seeking financial assistance from authority in order to attend university — Authority refusing grants for tuition fees — Whether authority under duty to make grants to meet expenses connected with education or whether power discretionary — Whether authority entitled to take account of restrictions in resources in assessing whether claimants required assistance — Children Act 1989 (as amended by Children (Leaving Care) Act 2000, ss 2(4), 4(1), 21, Adoption and Children Act 2002, s 139, Sch 3, para 62 and Children and Young Persons Act 2008, ss 23(2), 39, Sch 3, para 13), ss 23C, 24B

  1 Case considered

  1 Statute considered

• Aylesbury Vale District Council v Call a Cab Ltd

  12 Nov 2013 [2013] EWHC 3765 (Admin); [2014] PTSR 523; [2014] RTR 451; [2013] WLR (D) 482, DC

  LICENSING — Hackney carriage — Byelaws
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  LICENSING — Hackney carriage — Byelaws — Validity — District council purporting to pass resolution making private hire vehicles subject to statutory hackney carriage licensing regime — Statute requiring council to give notification of resolution to all affected parish councils — Council subsequently prosecuting defendants for breaches of private hire vehicle licensing regime — Whether failure to notify all parish councils invalidating resolution — Whether resolution giving effect to licensing regime lawful — Local Government (Miscellaneous Provisions) Act 1976, ss 45(3), 46

  1 Statute considered

• R (HS2 Action Alliance Ltd) v Secretary of State for Transport

  06 Aug 2014 [2014] EWHC 2759 (Admin); [2014] PTSR 1334; [2014] CN 1471, QBD (Lindblom J)

  09 Dec 2014 [2014] EWCA Civ 1578; [2015] PTSR 1025; [2014] WLR (D) 526, CA

  Subsequent citations: 3.
  PLANNING — Development — Environmental assessment
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  PLANNING — Development — Environmental assessment — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive2001/42/EC, arts 2(a), 3(2)

  PLANNING — Development — Environmental assessment — Major national railways project — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive 2001/42/EC, arts 2(a), 3(2)

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered
• R (Members of the Committee of Care North East Northumberland) v Northumberland County Council

  15 Feb 2013 [2013] EWHC 234 (Admin); [2013] PTSR 1130; [2013] LGR 265, QBD (Supperstone J)

  27 Nov 2013 [2013] EWCA Civ 1740; [2014] PTSR 758; [2013] WLR (D) 460, CA

  Subsequent considerations : 2 positive; 1 negative; most recently considered: 2024. Subsequent citations: 12.
  LOCAL GOVERNMENT — Community care services — Persons in need of care and attention
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  LOCAL GOVERNMENT — Community care services — Persons in need of care and attention — Care home fees — Cost of supporting vulnerable people in care homes met by local social services authority — Local authority fixing care home rates for three years — Whether authority erring — Whether compliance with statutory guidance to have “due regard” to actual costs of providing care — Local Authority Social Services Act 1970, s 7(1)

  5 Case(s) considered

  1 Statute considered
• R (Cherkley Campaign Ltd) v Mole Valley District Council

  22 Aug 2013 [2013] EWHC 2582 (Admin); [2014] PTSR D1; [2014] 1 P & CR 12; [2014] ACD 42; [2013] WLR (D) 340; (2013) 157(34) SJLB 40, QBD (Haddon-Cave J)

  15 Nov 2013 [2013] EWHC 3558 (Admin); [2013] CN 1735, QBD (Haddon-Cave J)

  07 May 2014 [2014] EWCA Civ 567; [2014] PTSR D14; [2014] WLR (D) 199, CA

  10 Nov 2014 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive. Subsequent citations: 78.
  COSTS — Assessment — Assessment of costs following successful judicial review of refusal of planning permission

  JUDICIAL REVIEW — Claimant's interest — Limited company

  PLANNING — Development — Local plan
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  COSTS — Assessment — Assessment of costs following successful judicial review of refusal of planning permission — Claimant unsuccessful on some issues — Whether claimant to suffer discount from normal order for its costs

  JUDICIAL REVIEW — Claimant's interest — Limited company — Opponents of development forming limited company to challenge grant of planning permission — Whether company having sufficient interest to claim judicial review

  PLANNING — Development — Local plan — Policies of local authority’s local plan saved beyond transitional period by direction of Secretary of State — Text supporting saved policy stating requirement to demonstrate “need” for new golf course — Local authority granting permission to develop new course — Whether supporting text saved with policy — Whether requirement of need in supporting text to be read into policy — Meaning of “need” — Whether local authority applying correct test — Town and Country Planning Act 1990, s 36 — Planning and Compulsory Purchase Act 2004, Sch 8, para 1(3) — Town and Country Planning (Development Plan) Regulations 1999, reg 7

  2 Statutes considered

  1 Statutory Instrument considered

• R (Evans) v Cornwall Council

  20 Dec 2013 [2013] EWHC 4109 (Admin); [2014] PTSR 556; [2013] WLR (D) 510, QBD (Judge Birtles)

  Subsequent citations: 1.
  PLANNING — General permitted development — Material considerations
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  PLANNING — General permitted development — Material considerations — Notification of proposed agricultural development in vicinity of listed building and areas of archaeological interest — Local planning authority determining prior approval not required — Whether factors material under planning Acts material considerations in determining prior approval notices — Whether authority failing to take material considerations into account — Town and Country Planning (General Permitted Development) Order 1995, Sch 2, Pt 6, A.2(2)

  1 Case considered

  1 Statutory Instrument considered