Results: 95

• Samuels v Birmingham City Council

  27 Oct 2015 [2015] EWCA Civ 1051; [2016] PTSR 558; [2016] 4 All ER 589; [2015] WLR (D) 435, CA

  19 Feb 2018 (appn all) [2018] PTSR 800, SC(E) (Baroness Hale of Richmond PSC, Lord Sumption, Lord Hughes JJSC)

  12 Jun 2019 [2019] UKSC 28; [2019] PTSR 1229; [2019] 4 All ER 773; [2019] WLR (D) 355; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lord Kitchin JJSC)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 9.
  LOCAL GOVERNMENT — Homeless persons — Whether “homeless intentionally”
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Whether “homeless intentionally” — Landlord terminating tenancy after applicant defaulting on rent payments — Local housing authority refusing application for housing assistance on ground applicant intentionally homeless — Whether property “affordable” and therefore reasonable for applicant to continue to occupy — Whether social security benefits to be taken into account as applicant’s income when determining whether accommodation affordable — Housing Act 1996, s 191(1) — Homelessness (Suitability of Accommodation) Order 1996 (SI 1996/3204), art 2

  LOCAL GOVERNMENT — Homeless persons — Whether “homeless intentionally” — Landlord terminating tenancy after applicant defaulting on rent payments — Local housing authority refusing application for housing assistance on ground applicant intentionally homeless — Whether property affordable and therefore reasonable for applicant to continue to occupy — Whether all social security benefits to be taken into account as applicant’s income when determining whether accommodation affordable — Housing Act 1996 (c 52), s 191(1) — Homelessness (Suitability of Accommodation) Order 1996 (SI 1996/3204), art 2

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered

• Finn Frogne A/S v Rigspolitiet ved Center for Beredskabskommunikation

  07 Sep 2016 (Case C-549/14); EU:C:2016:634; [2016] PTSR 1569; [2016] WLR (D) 478, ECJ

  Subsequent citations: 5.
  PUBLIC PROCUREMENT — Contract award procedure — Material amendment to contract — Parties disagreeing as to areas of responsibility over difficulties in performance of contract — Parties agreeing to settlement reducing scope of contract — Whether contracting authority obliged to organise new tendering procedure — Whether obligations to treat operators equally and non-discriminatorily and to act in transparent way applying — Parliament and Council Directive 2004/18/EC, art 2

  EUROPEAN UNION — Reference for a preliminary ruling — Public procurement
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  Case index catchwords

  PUBLIC PROCUREMENT — Contract award procedure — Material amendment to contract — Parties disagreeing as to areas of responsibility over difficulties in performance of contract — Parties agreeing to settlement reducing scope of contract — Whether contracting authority obliged to organise new tendering procedure — Whether obligations to treat operators equally and non-discriminatorily and to act in transparent way applying — Parliament and Council Directive 2004/18/EC, art 2

  EUROPEAN UNION — Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 2 — Principle of equal treatment — Obligation of transparency — Contract for the supply of a complex communications system — Difficulties in performance of the contract — Disagreement of the parties in regard to areas of responsibility — Settlement — Reduction in the scope of the contract — Transformation of a rental of equipment into a sale of equipment — Material amendment to a contract — Justification by the objective opportunity of finding an amicable solution

  1 Case considered

  1 EU Enactment considered
• Energy Solutions EU Ltd v Nuclear Decommissioning Authority

  23 Jan 2015 [2015] EWHC 73 (TCC); [2015] PTSR 1106; [2015] WLR (D) 41, QBD (Edwards-Stuart J)

  15 Dec 2015 [2015] EWCA Civ 1262; [2016] PTSR 689; [2015] WLR (D) 528, CA

  16 May 2016 Permission to appeal to Supreme Court given

  11 Apr 2017 [2017] UKSC 34; [2017] 1 WLR 1373; [2017] PTSR 539; [2017] 4 All ER 1; [2017] WLR (D) 272; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 42.
  PUBLIC PROCUREMENT — Contract awards procedure — Breach

  PUBLIC PROCUREMENT — Contract award procedure — Breach

  DAMAGES — Mitigation — Claim for breach of procurement process
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  PUBLIC PROCUREMENT — Contract awards procedure — Breach — Damages — Unsuccessful tenderer claiming damages for alleged breaches in procurement process — Claim issued within 30-day time limit but after regulatory standstill period and after contract entered into — Scope of discretion to award damages — Public Contracts Regulations 2006 (as amended by Public Contracts (Amendment) Regulations 2009, reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 , reg 12(2)(a))), regs 47D(2), 47J(2)(c) — Council Directive 89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC)

  PUBLIC PROCUREMENT — Contract award procedure — Breach — Damages — Unsuccessful tenderer claiming damages for alleged breaches in procurement process — Claim issued within 30-day time limit but after regulatory standstill period and after contract entered into with successful bidder — Whether discretion to award damages — Whether obligation on claimant to invoke alternative procedure — Public Contracts Regulations 2006 (SI 2006/5) (as amended by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(2)(a)), regs 47D(2), 47J(2)(c) — Council Directive89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 2(1) — Parliament and Council Directive2004/18/EC

  DAMAGES — Mitigation — Claim for breach of procurement process — Standstill period after notification of result of tender process allowing unsuccessful bidder to trigger suspension of contract award by issuing proceedings — Unsuccessful bidder thereby able to prevent loss from failure to obtain contract if claim successful — Whether failing unreasonably to mitigate loss by pursuing damages only claim after end of standstill period

  PUBLIC PROCUREMENT — Contract award procedure — Breach — Damages — European Union law condition limiting liability for breach of EU law right to “sufficiently serious” breaches of duty — Whether applicable to domestic law implementing public procurement Directive — Whether domestic law providing for recovery of damages for less serious breaches of procurement process — Public Contracts Regulations 2006 (SI 2006/5) (as amended by Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), reg 10 and Public Procurement (Miscellaneous Amendments) Regulations 2011 (SI 2011/2053), reg 12(2)(a)), regs 47D(2), 47J(2)(c) — Council Directive89/665/EEC (as amended by Parliament and Council Directive 2007/66/EC), art 2(1) — Parliament and Council Directive2004/18/EC

  10 Case(s) considered

  2 EU Enactments considered

  1 Statutory Instrument considered

• R (Nationwide Association of Fostering Providers) v Bristol City Council

  15 Dec 2015 [2015] EWHC 3615 (Admin); [2016] PTSR 932; [2015] WLR (D) 525, QBD (William Davis J)

  Subsequent citations: 1.
  CHILDREN — Care and protection — Foster parent
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  Case index catchwords

  CHILDREN — Care and protection — Foster parent — “Most appropriate placement” — Challenge to lawfulness of local authorities’ policies concerning placements of looked after children — Whether failing in duty to place child in “most appropriate placement” — Whether policies lawful — Children Act 1989 (c 41), s 22C (as inserted by Children and Young Persons Act 2008 (c 23), s 8(1))

  1 Statute considered

• Wandsworth London Borough Council v Tompkins

  31 Jul 2015 [2015] EWCA Civ 846; [2016] PTSR 102; [2015] WLR (D) 357, CA

  HOUSING — Non-secure tenancy — Possession proceedings
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  Case index catchwords

  HOUSING — Non-secure tenancy — Possession proceedings — Local housing authority providing temporary accommodation pending decision whether defendants intentionally homeless — Tenancy agreement in form of introductory tenancy — Agreement signed by defendants including certificate stating introductory tenancy converting to secure tenancy on expiry of trial period — Whether tenancy provided pursuant to interim duty to provide accommodation to homeless persons in priority need — Whether introductory or non-secure tenancy — Whether certificate in agreement constituting required statutory notification of secure tenancy — Housing Act 1985 (c 68), Sch 1, para 4 (as substituted by Housing Act 1996, s 216(3), Sch 17, para 3) — Housing Act 1996 (as amended by Homelessness Act 2002, ss 6(1), 18(2), Sch 2), ss 124(2), 188, 193

  2 Statutes considered

• Vorarlberger Gebietskrankenkasse v WGV-Schwäbische Allgemeine Versicherungs AG

  21 Jan 2016 (Case C-453/14); EU:C:2016:37; [2016] PTSR 1165; [2016] WLR (D) 19, ECJ

  Subsequent citations: 2.
  EUROPEAN UNION — Freedom of movement — Social security

  EUROPEAN UNION — Reference for a preliminary ruling — Regulation (EC) No 883/2004
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  Case index catchwords

  EUROPEAN UNION — Freedom of movement — Social security — Pensioners receiving old-age pensions in member state of residence and under occupational pension scheme in EEA member state of employment — Pensioners required to pay contributions to first member state’s health insurance scheme in respect of pension payments made by second state’s occupational scheme — Whether member state of residence prevented from including pension paid by other state in calculating health insurance contributions — Meaning of “equivalent benefits” — Parliament and Council Regulation (EC) No 883/2004, art 5(a)

  EUROPEAN UNION — Reference for a preliminary ruling — Regulation (EC) No 883/2004 — Article 5 — Meaning of ‘equivalent benefits’ — Equal treatment of old-age benefits of two Member States of the European Economic Area — National legislation taking into account old-age benefits received in other Member States for the purpose of calculating social security contributions

  1 Case considered

  1 EU Enactment considered
• Jones v Southwark London Borough Council

  04 Mar 2016 [2016] EWHC 457 (Ch); [2016] PTSR 1011; [2016] WLR (D) 124, Ch D (Newey J)

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  WATER — Water supply — Charges
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  Case index catchwords

  WATER — Water supply — Charges — Local authority letting flat to claimant under weekly tenancy — Claimant’s flat not fitted with water meter — Whether local authority charging claimant more than permissible — Water Resale Order 2006, paras 5, 6

  WATER — Water supply — Charges — Local authority letting property to claimant under weekly tenancy — Claimant’s property not fitted with water meter — Local authority collecting charges for water and sewerage services supplied to property by water company — Whether collecting charges as agent of water company — Whether charging claimant more than permissible — Water Industry Act 1991 (c 56), s 150 (as amended by Water Act 2003 (c 37), s 59(3)) — Water Resale Order 2006, paras 5, 6

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R (Forge Care Homes Ltd) v Cardiff and Vale University Health Board (Secretary of State for Health intervening)

  11 Mar 2015 [2015] EWHC 601 (Admin); [2015] PTSR 945; [2015] WLR (D) 134, QBD (Hickinbottom J)

  02 Feb 2016 (Secretary of State for Health intervening) [2016] EWCA Civ 26; [2016] PTSR 908; [2016] WLR (D) 63, CA (Laws, Elias, Lloyd Jones LJJ)

  11 Jul 2016 (appn all) [2016] PTSR 1202, SC(E)

  02 Aug 2017 [2017] UKSC 56; [2017] PTSR 1140; [2018] 1 All ER 449; [2017] WLR (D) 559; Case details, SC(E) (Baroness Hale of Richmond DPSC, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Carnwath, Lord Hodge JJSC)

  Subsequent citations: 3.
  LOCAL GOVERNMENT — Health and social care — Nursing care

  LOCAL GOVERNMENT  — Health and social care — Nursing care
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  LOCAL GOVERNMENT — Health and social care — Nursing care — Care homes — Statutory prohibition on local authorities paying for or providing “nursing care by a registered nurse” — Local health boards paying only for time spent by registered nurses in provision of healthcare to care home residents — Whether local authorities prohibited from paying for other tasks performed by registered nurse — Whether health boards’ approach to funding of nursing care in care homes erroneous — Health and Social Care Act 2001, s 49 — National Health Service (Wales) Act 2006, s 3(1) — Care Homes (Wales) Regulations 2002, reg 18(3)

  LOCAL GOVERNMENT — Health and social care — Nursing care — Care homes— Statutory prohibition on local authorities paying for or providing “nursing care by a registered nurse”— Local health boards paying only for time spent by registered nurses in provision of nursing care to care home residents— Whether local authorities prohibited from paying for other tasks performed by registered nurse— Whether health boards’ approach to funding of nursing care in care home erroneous— Health and Social Care Act 2001 (c 15), s 49 — National Health Service (Wales) Act 2006 (c 42), s 3(1) — Care Homes (Wales) Regulations 2002 (SI 2002/324), reg 18(3)

  LOCAL GOVERNMENT  — Health and social care — Nursing care — Care homes— Provision for means-tested residents requiring some nursing care but having primary need for social and personal care— Requirement for cost to be met by local authority save in respect of “nursing care” by registered nurse— Health boards in Wales responsible for meeting cost of “nursing care”— Boards restricting funding to actual time spent by nurse in provision of nursing procedures and excluding ancillary care provided by nurse— Whether correct— Whether boards also to fund personal care provided to resident by nurse ancillary to nursing care— Health and Social Care Act 2001 (c 15), s 49 — National Health Service (Wales) Act 2006 (c 42), s 3(1) — Care Homes (Wales) Regulations 2002 (SI 2002/324), reg 18(3)

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  1 Statutory Instrument considered

• R (Taylor) v Secretary of State for Justice

  16 Nov 2015 [2015] EWHC 3245 (Admin); [2016] PTSR 446; [2015] WLR (D) 470, QBD (Leggatt J)

  Subsequent citations: 7.
  PRISONS — Prisoner’s rights — Release on licence
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  PRISONS — Prisoner’s rights — Release on licence — Parole Board recommending conditional release on licence of life prisoner imprisoned for 40 years — Prisoner not released as funding not made available for additional support required to assist his transition into society — Whether Secretary of State and probation service in breach of statutory duty to make arrangements for prisoner’s resettlement — Whether breach of duty to co-operate with local authority to facilitate release — Whether discrimination on grounds of disability or age — Offender Management Act 2007, ss 1, 2(1) — Equality Act 2010 , ss 13, 15, 19, 29(7), 149 — Care Act 2014, s 6

  3 Statutes considered

• Samuel Smith Old Brewery (Tadcaster) v Selby District Council

  27 Oct 2014 [2014] EWHC 3441 (Admin); [2015] PTSR 719; [2014] CN 1867, QBD (Ouseley J)

  05 Nov 2015 [2015] EWCA Civ 1107; [2016] PTSR 146; [2015] WLR (D) 445, CA

  22 Mar 2016 (appn dis) [2016] PTSR 1342, SC(E)

  Subsequent citations: 2.
  PLANNING — Development plan — Duty to co-operate
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  PLANNING — Development plan — Duty to co-operate — Local planning authority submitting development plan for public examination — Inspector suspending examination for plan to be modified — Statutory duty to co-operate coming into force during period of suspension — Whether duty applying after submission of plan — Planning and Compulsory Purchase Act 2004, s 33A (as inserted by Localism Act 2011, s 110(1)

  PLANNING — Development plan — Duty to co-operate — Local planning authority submitting development plan for public examination — Inspector suspending examination for plan to be modified — Statutory duty to co-operate coming into force during period of suspension — Whether duty applying after submission of plan — Planning and Compulsory Purchase Act 2004 (c 5), s 33A (as inserted by Localism Act 2011 (c 20), s 110(1))

  1 Case considered

  1 Statute considered