Results: 91

• Barton Park Estates Ltd v Secretary of State for Housing, Communities and Local Government

  12 May 2021 [2021] EWHC 1200 (Admin), QBD (Judge Jarman QC sitting as a High Court judge)

  21 Jun 2022 [2022] EWCA Civ 833; [2022] PTSR 1699; [2022] WLR(D) 273, CA (Sir Keith Lindblom SPT, Males, Lewis LJJ)

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 9.
  PLANNING — Development — Planning permission

  PLANNING — Planning permission — Conditions
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  PLANNING — Development — Planning permission

  PLANNING — Planning permission — Conditions — Planning permission limiting number of residential vans permitted on caravan site — No planning conditions restricting number of vans on site — Owner seeking certificate of lawful use or development for significant increase in number of residential vans on site — Whether exceeding limit of planning permission — Whether restriction on number of vans only achievable by imposing planning condition — Whether increase in numbers “material change of use” — Town and Country Planning Act 1990 (c 8), s 171A(1)(a)

  5 Case(s) considered

  1 Statute considered

• R (Kellogg Marketing and Sales Co (UK) Ltd) v Secretary of State for Health and Social Care

  04 Jul 2022 [2022] EWHC 1710 (Admin); [2022] PTSR 1819; [2022] WLR(D) 298, QBD (Linden J)

  Subsequent citations: 2.
  FOOD AND DRUGS — Food safety — Food classification
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  FOOD AND DRUGS — Food safety — Food classification — Secretary of State introducing regulations restricting promotion of food classified as high in fat, sugar or salt — Regulations providing for service of improvement notice on proprietor of food business failing to comply with requirements — Whether provision ultra vires enabling legislation — Whether decision of Secretary of State to include breakfast cereals on list of restricted foods irrational — Whether breach of manufacturers’ Convention rights — Statutory Instruments Act 1946 (9 & 10 Geo 6, c 36), ss 1(1), 5(1) — Food Safety Act 1990 (c 16), ss 10, 11, 16(1), 26, 48 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 10, Pt II, art 1 — Regulatory Enforcement and Sanctions Act 2008 (c 13), s 62(3) — Food (Promotions and Placement) (England) Regulations 2021 (SI 2021/1368), regs 3(4), 10, 11, 12, Sch 1

  2 Case(s) considered

  4 Statutes considered

  1 Statutory Instrument considered

• R (Tarian Hafren Severn Shield CYF) v Marine Management Organisation

  24 Mar 2022 [2022] EWHC 683 (Admin); [2022] PTSR 1261; [2022] WLR(D) 141, QBD (Holgate J)

  Subsequent citations: 4.
  PLANNING — Development — Marine licence
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  PLANNING — Development — Marine licence — Licensing authority issuing marine licence permitting licensable activity including dredging with conditions governing disposal of dredged material — Licence varied to authorise disposal of dredged material at different location — Whether variation lawful — Whether new licence required — Marine and Coastal Access Act 2009 (c 23), ss 71, 72

  4 Case(s) considered

  1 Statute considered
• MOC v Secretary of State for Work and Pensions

  21 Apr 2020 [2020] UKUT 134 (AAC); [2020] PTSR 1337; [2020] WLR(D) 295, UT (Upper Tribunal Judge Ward)

  11 Jan 2022 [2022] EWCA Civ 1; [2022] PTSR 576; [2022] WLR(D) 16, CA (Peter Jackson, Singh, Andrews LJJ)

  Subsequent considerations : 2 positive; most recently considered: 2023. Subsequent citations: 13.
  SOCIAL SECURITY — Disability living allowance — Suspension
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  SOCIAL SECURITY — Disability living allowance — Suspension — Vulnerable adult with severe disabilities admitted to hospital — Regulations requiring suspension of allowance after 28 days as inpatient in hospital — Whether unlawful discrimination in breach of Convention right on ground of “status” — Whether relevant status including severely disabled adult lacking capacity — Appropriate comparators — Whether hospitalisation rule manifestly without reasonable foundation — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Social Security (Disability Living Allowance) Regulations 1991 (SI 1991/2890) (as amended by Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (SI 1992/2869), reg 4(2), Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 (SI 1996/1436), reg 2(2), Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations 2013 (SI 2013/389), reg 4(6)(10) and Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (SI 2016/556), reg 2), regs 8(1)(a), 12A(1)(a)

  SOCIAL SECURITY — Disability living allowance — Suspension — Vulnerable adult with severe disabilities admitted to hospital — Regulations requiring suspension of allowance after 28 days as in-patient in hospital — Whether unlawful discrimination in breach of Convention right on ground of “status” — Whether relevant status including severely disabled adult lacking capacity — Whether hospitalisation rule indirectly discriminatory — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Social Security (Disability Living Allowance) Regulations 1991 (SI 1991/2890), regs 8(1)(a), 12A(1)(a)

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R (Cornerstone (North East) Adoption and Fostering Services Ltd) v Office for Standards in Education, Children’s Services and Skills

  07 Jul 2020 [2020] EWHC 1679 (Admin); [2021] PTSR 14; [2020] WLR(D) 396, QBD (Julian Knowles J)

  24 Sep 2021 [2021] EWCA Civ 1390; [2022] PTSR 595; [2022] 2 All ER 516; [2022] 2 FLR 54, CA (Peter Jackson, Asplin, Nicola Davies LJJ)

  18 Oct 2022 (appn dis) [2023] PTSR 30, SC(E) (Lord Hodge DPSC, Lord Hamblen, Lord Stephens JJSC)

  Subsequent citations: 1.
  DISCRIMINATION — Sexual orientation — Less favourable treatment

  HUMAN RIGHTS — Religion or belief — Interference with

  HUMAN RIGHTS — Discrimination — Religion or belief
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  DISCRIMINATION — Sexual orientation — Less favourable treatment — Claimant charity offering fostering and adoption services to children in local authority care according to perceived Christian principles — Claimant in practice only recruiting heterosexual evangelical Christian carers — Whether unlawful discrimination against other potential carers on grounds of sexual orientation — Whether claimant providing “service to the public” or exercising “public function” — Whether charity exception applying — Care Standards Act 2000 (c 14), s 4(4)(a) — Equality Act 2010 (c 15), ss 12, 13, 19, 29(1)(6), 193, Sch 23, para 2 — Fostering Services (England) Regulations 2011 (SI 2011/581)

  HUMAN RIGHTS — Religion or belief — Interference with — Claimant charity offering fostering and adoption services to children in local authority care according to perceived Christian principles — Ofsted report requiring claimant not to discriminate against homosexual prospective carers — Whether breaching claimant’s Convention rights to manifest religious beliefs, freedom of expression or freedom of association — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 9, 10, 11, 14

  HUMAN RIGHTS — Discrimination — Religion or belief — Claimant charity offering fostering and adoption services to children in local authority care according to perceived Christian principles— Claimant requiring prospective carers to refrain from homosexual behaviour— Whether unlawful discrimination of potential carers in breach of Convention rights— Whether claimant “public authority” carrying out public acts— Whether Ofsted report requiring claimant not to discriminate against homosexual prospective carers breaching its Convention rights to manifest religion or freedom of association— Human Rights Act 1998 (c 42), s 6(1), Sch 1, Pt I, arts 8, 9, 11, 14

  DISCRIMINATION — Sexual orientation — Less favourable treatment — Charitable independent fostering agency offering fostering and adoption services to children in local authority care according to perceived Christian principles — Agency in practice only recruiting heterosexual evangelical Christian carers — Defendant regulator finding recruitment policy discriminating on grounds of sexual orientation and requiring agency to alter policy — Agency seeking judicial review of regulator’s actions — Whether regulator having jurisdiction to have regard to equality legislation when conducting regulatory function — Whether conclusion of Charity Commission that agency acting lawfully precluding contrary finding by regulator — Whether policy amounting to unlawful discrimination on grounds of sexual orientation — Whether requirement to change policy interfering with agency’s rights under Human Rights Convention — Whether discrimination justified — Human Rights Act 1998 (c 42), Sch 1, Pt 1, arts 8, 9, 10, 11, 14 — Care Standards Act 2000 (c 14), ss 13, 14 — Equality Act 2010 (c 15), ss 13, 193, Sch 23, para 2

  16 Case(s) considered

  3 Statutes considered

  1 Statutory Instrument considered

• R (Rotala plc) v Greater Manchester Combined Authority

  09 Mar 2022 [2022] EWHC 506 (Admin), QBD (Knowles J)

  25 Jul 2022 [2022] EWCA Civ 1048; [2022] PTSR 1622; [2022] RTR 31; [2022] WLR(D) 333, CA (Andrews, William Davis, Snowden LJJ)

  LOCAL GOVERNMENT — Bus services — Franchising scheme

  LOCAL GOVERNMENT — Powers — Transport
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  LOCAL GOVERNMENT — Bus services — Franchising scheme

  LOCAL GOVERNMENT — Powers — Transport — Local authority introducing bus service franchising scheme — Authority concluding statutory audit and consultation process before Covid-19 pandemic — Authority later obtaining further report assessing impacts of pandemic and holding second consultation exercise — Whether statute requiring authority to obtain second audit of report assessing impact of Covid-19 — Whether decision to proceed with scheme without second audit of report irrational — Transport Act 2000 (c 38), ss 123B, 123D

  2 Case(s) considered

  1 Statute considered

• Warwick District Council v Secretary of State for Levelling Up, Housing and Communities

  12 Aug 2022 [2022] EWHC 2145 (Admin); [2022] PTSR 1518; [2022] WLR(D) 360, QBD (Eyre J)

  PLANNING — Development — Planning permission
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  PLANNING — Development — Planning permission — Extension to existing building — Home owners seeking planning permission for demolition of outbuilding and replacement by garden room/home office — Planning inspector granting permission on basis that proposed structure amounting to extension to building and thus falling within exception to principle that construction of new buildings in Green Belt inappropriate — Whether inspector erring in law — Whether exception applying only where proposed structure physically attached to building being extended — National Planning Policy Framework (2019), para 149(c)

  1 Statutory Instrument considered

• R (A) v Secretary of State for the Home Department

  18 Feb 2022 [2022] EWHC 360 (Admin); [2022] PTSR 1535; [2022] 4 All ER 615; [2022] WLR(D) 94, QBD (Fordham J)

  Subsequent citations: 2.
  PARLIAMENT — Privilege — Proceedings in Parliament
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  PARLIAMENT — Privilege — Proceedings in Parliament — Claimant seeking to challenge lawfulness of consultation process designed to inform proposed legislative change to be implemented by primary legislation — Whether claim justiciable — Whether offending against principle of non-interference with proceedings and decisions of legislature — Whether public sector equality duty applicable to decisions given effect by primary legislation — Equality Act 2010 (c 15), ss 19, 29(6), 149(1), Sch 3, para 2(1)(b)

  4 Case(s) considered

  1 Statute considered

• R (WWF-UK) v Secretary of State for Environment, Food and Rural Affairs

  07 Jul 2021 [2021] EWHC 1870 (Admin); [2022] PTSR 1006; [2022] WLR(D) 126, QBD (Lang J)

  Subsequent citations: 3.
  JUDICIAL REVIEW — Consent order — Enforcement
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  JUDICIAL REVIEW — Consent order — Enforcement — Judicial review claim against public bodies settled by consent order in Tomlin form — Claimants subsequently seeking declaration that public bodies in breach of obligations created in schedule to consent order — Whether public body able to assume new legal obligations through settlement of judicial review claim — Whether public body entitled to rely on lack of resources as relevant to performance of agreed obligation to take action “as soon as reasonably practicable” — Whether public bodies in breach of consent order — CPR r 40.6(3)(b)(ii)

  3 Case(s) considered

  1 Statutory Instrument considered
• R (Sheakh) v Lambeth London Borough Council (Sheakh v Lambeth London Borough Council)

  28 Jun 2021 [2021] EWHC 1745 (Admin), QBD (Kerr J)

  05 Apr 2022 [2022] EWCA Civ 457; [2022] PTSR 1315; [2022] WLR(D) 170, CA (Sir Keith Lindblom SPT, Males, Elisabeth Laing LJJ)

  08 Dec 2022 (appn dis) [2023] PTSR 405, SC(E) (Lord Reed PSC, Lady Rose, Lord Richards JJSC)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2023. Subsequent citations: 24.
  HIGHWAY — Road traffic — Traffic regulation order
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  HIGHWAY — Road traffic — Traffic regulation order — Local authority making experimental traffic orders — Decision to be reviewed on rolling basis — Local authority unaware of subsequent equality impact report at time of impugned decision — Whether authority having “due regard” to public sector equality duty — Whether authority able to discharge duty by process of rolling assessment — Whether decision-maker unlawfully delegating decision in taking advice from fellow officers — Equality Act 2010 (c 15), s 149

  4 Case(s) considered

  1 Statute considered