Results: 91

• Caldwell v Secretary of State for Levelling Up, Housing and Communities

  07 Aug 2023 [2023] EWHC 2053 (Admin); [2023] PTSR 2075; [2024] 2 All ER 172; [2023] WLR(D) 351, KBD (Lieven J)

  02 May 2024 [2024] EWCA Civ 467; [2024] PTSR 1761; [2025] 1 All ER 749; [2024] WLR(D) 205, CA (Sir Keith Lindblom SPT, Coulson, Andrews LJJ)

  Subsequent citations: 2.
  PLANNING — Enforcement notice — Appeal
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  Case index catchwords

  PLANNING — Enforcement notice — Appeal — Construction of dwelling on land having permission for agricultural use only — Local planning authority issuing enforcement notice seven years after substantial completion requiring demolition of building and reversion to agricultural use — Whether requirement to remove building unlawful — Limits or parameters of statutory power requiring restoration of land to condition prior to breach — Town and Country Planning Act 1990 (c 8), ss 171B(1)(3), 172, 173(3)(4)(a)

  PLANNING — Enforcement notice — Appeal — Construction of residential dwelling on land having permission for agricultural use only — Local planning authority issuing enforcement notice seven years after substantial completion requiring demolition of building and reversion to agricultural use — Whether requirement to remove building unlawful — Limits or parameters of statutory power requiring restoration of land to condition prior to breach — Town and Country Planning Act 1990 (c 8), ss 171B(1)(3), 172, 173(3)(4)(a)

  10 Case(s) considered

  1 Statute considered
• R (Substation Action Save East Suffolk Ltd) v Secretary of State for Business, Energy and Industrial Strategy (R (Substation Action Save East Suffolk Ltd) v Secretary of State for Energy Security and Net Zero)

  13 Dec 2022 [2022] EWHC 3177 (Admin); [2023] PTSR 975; [2022] WLR(D) 505, KBD (Lang J)

  17 Jan 2024 [2024] EWCA Civ 12; [2024] PTSR 561; [2024] WLR(D) 22, CA (Coulson, Lewis, William Davis LJJ)

  31 May 2024 Permission to appeal to Supreme Court refused, , SC(E)

  Subsequent considerations : 1 positive; most recently considered: 2024. Subsequent citations: 10.
  PLANNING — Development — National policy statement
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  PLANNING — Development — National policy statement — Development consent granted for wind turbine projects comprising offshore and onshore development — Whether development consent orders unlawful — Whether flood risk from surface water properly taken into account — Whether insufficient weight given to harm to heritage assets — Whether sufficient consideration of alternative sites — Planning Act 2008 (c 29), ss 104, 114 — Infrastructure Planning (Decision) Regulations 2010 (SI 2010/305), reg 3 — National Planning Policy Framework (2021), paras 161, 162 — Overarching National Policy Statement for Energy EN-1, Pts 4.4, 5.7

  PLANNING — Development — National policy statement — Development consent orders granted for wind farms comprising offshore and onshore development — Whether flood risk from surface water properly taken into account — Whether sequential test for flood risk properly applied — Whether consent orders lawful — Planning Act 2008 (c 29), ss 104, 114 — National Planning Policy Framework (2021), para 162 — Overarching National Policy Statement for Energy EN-1, paras 5.7.3, 5.7.4, 5.7.9, 5.7.13

  5 Case(s) considered

  1 Statute considered

  3 Statutory Instruments considered

• R (TZA) v A Secondary School

  11 Jul 2023 [2023] EWHC 1722 (Admin); [2023] PTSR 2051; [2023] WLR(D) 304, KBD (Judge Thomas Church sitting as a High Court judge)

  04 Mar 2025 [2025] EWCA Civ 200; [2025] PTSR 1503; [2025] WLR(D) 128, CA (Underhill, King, Warby LJJ)

  Subsequent citations: 4.
  EDUCATION — School — Exclusion
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  EDUCATION — School — Exclusion — Child with protected characteristics permanently excluded from school — Whether failure to have “due regard” to public sector equality duty — Whether decision inadequately reasoned and unlawful — Education Act 2002 (c 32), s 51A(1) — Equality Act 2010 (c 15), s 149 — School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (SI 2012/1033)

  EDUCATION — School — Exclusion — Child with protected characteristics permanently excluded from school — Whether failure to have “due regard” to public sector equality duty — Whether decision inadequately reasoned — Education Act 2002 (c 32), s 51A(1) — Equality Act 2010 (c 15), s 149 — School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (SI 2012/1033)

  EDUCATION — School — Exclusion — Child with protected characteristics permanently excluded from school by head teacher — Exclusion upheld by disciplinary committee of governors on reconsideration — Whether public sector equality duty discharged — Whether decision inadequately reasoned — Equality Act 2010 (c 15), s 149

  12 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• R (DK) v Croydon London Borough Council

  19 Jul 2023 [2023] EWHC 1833 (Admin); [2023] PTSR 2112; [2023] WLR(D) 398, KBD (Sir Ross Cranston )

  Subsequent citations: 1.
  CHILDREN — Children’s services — Former relevant child
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  CHILDREN — Children’s services — Former relevant child — Claimant unaccompanied child asylum seeker accommodated and looked after by local authority — Asylum claim refused — Authority conducting human rights assessment and concluding support no longer to be provided to now-adult claimant — Claimant requesting fresh human rights assessment based on further evidence — Whether authority’s refusal to consider request unlawful — Whether obligation to conduct fresh human rights assessment — Children Act 1989 (c 41), ss 23CZB, 23CA — Human Rights Act 1998 (c 42), Sch 1 — Nationality, Immigration and Asylum Act 2002 (c 41), Sch 3, paras 1, 3

  1 Case considered

  3 Statutes considered

• R (JJ) v Spectrum Community Health Community Interest Co

  30 Sep 2022 [2022] EWHC 2440 (Admin); [2023] PTSR 201; [2022] WLR(D) 388, KBD (Judge Sephton KC )

  25 Jul 2023 [2023] EWCA Civ 885; [2024] PTSR 1; [2023] WLR(D) 326, CA (Lord Burnett of Maldon CJ, King, Lewis LJJ)

  27 Feb 2024 (appn dis) [2024] PTSR 448, SC(E) (Lord Reed PSC, Lord Sales, Lady Rose JJSC)

  Subsequent citations: 1.
  MEDICAL PRACTITIONER — Medical treatment — Feeding
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  MEDICAL PRACTITIONER — Medical treatment — Feeding — Severely disabled quadriplegic claimant needing to be fed by healthcare provider — Healthcare provider refusing to feed claimant certain foods identified as causing elevated risk of choking and possibly death — Claimant wishing to eat food of choice regardless of risks — Claimant having capacity to understand consequences of decision — Whether healthcare provider unlawfully depriving claimant of autonomy — Whether irrational — Whether breach of Convention rights — Whether unlawful discrimination on grounds of disability — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Equality Act 2010 (c 15), ss 13, 20, 21

  MEDICAL PRACTITIONER — Medical treatment — Feeding — Severely disabled quadriplegic claimant needing to be fed by healthcare provider — Healthcare provider refusing to feed claimant certain foods identified as causing elevated risk of choking and possibly death — Claimant wishing to eat food of choice regardless of risks — Whether healthcare provider unlawfully depriving claimant of autonomy — Whether breach of Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8

  7 Case(s) considered

  2 Statutes considered

• Harlow District Council v Powerrapid Ltd

  17 Mar 2023 [2023] EWHC 586 (KB); [2023] PTSR 1751; [2023] WLR(D) 139, KBD (Choudhury J sitting with Costs Judge Rowley)

  Subsequent citations: 2.
  LOCAL GOVERNMENT — Inquiries — Costs
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  LOCAL GOVERNMENT — Inquiries — Costs — Landowner successfully challenging compulsory purchase order at inquiry — Secretary of State making costs order awarding landowner full costs of inquiry — Whether including costs “incidental to” inquiry — Whether separate application to court required to recover costs of converting Secretary of State’s order into order of court — Local Government Act 1972 (c 70), s 250(5) — Senior Courts Act 1981 (c 54), s 51(1)

  6 Case(s) considered

  2 Statutes considered

• RB v Calderdale Metropolitan Borough Council

  11 May 2022 [2022] UKUT 136 (AAC); [2023] PTSR 478; [2023] WLR(D) 13, UT (Upper Tribunal Judge Rowley)

  Subsequent citations: 1.
  EDUCATION — Local education authority — Duty to make special educational provision
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  EDUCATION — Local education authority — Duty to make special educational provision — Disabled young person appealing local authority’s education, health and care plan — First-tier Tribunal considering special educational needs legislation but not disability discrimination legislation — Whether required to consider duty to make reasonable adjustments under disability discrimination provisions — Extent of interface between two sets of legislation — Equality Act 2010 (c 15), ss 6, 20 — Children and Families Act 2014 (c 6), ss 51, 77

  2 Statutes considered
• Armstrong v Secretary of State for Levelling Up, Housing and Communities

  27 Jan 2023 [2023] EWHC 176 (Admin); [2023] PTSR 1148; [2023] WLR(D) 52, KBD (James Strachan KC sitting as a deputy High Court judge)

  Subsequent considerations : 1 neutral; most recently considered: 2023. Subsequent citations: 5.
  PLANNING — Planning permission — Conditions
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  Case index catchwords

  PLANNING — Planning permission — Conditions — Planning permission for construction of one dwelling — Condition attached to permission requiring construction of dwelling in accordance with attached list of plans — Application to vary condition to substitute new design drawings showing dwelling with similar footprint but different form and style from previously approved plans — Scope of statutory power to vary conditions — Whether limited to minor material amendments so as to exclude fundamental variations — Town and Country Planning Act 1990 (c 8), s 73

  PLANNING — Planning permission — Conditions — Condition attached to planning permission requiring construction of dwelling in accordance with attached list of plans — Application to vary condition to substitute new design drawings showing dwelling with similar footprint but different in form and style — Whether variation to be permitted — Whether statutory power to vary conditions limited to minor material amendments so as to exclude fundamental variations — Town and Country Planning Act 1990 (c 8), ss 73, 96A

  4 Case(s) considered

  1 Statute 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 (HA) v Secretary of State for the Home Department

  21 Jul 2023 [2023] EWHC 1876 (Admin); [2023] PTSR 1899; [2023] WLR(D) 336, KBD (Swift J)

  Subsequent citations: 3.
  IMMIGRATION — Asylum — Asylum support benefit
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  IMMIGRATION — Asylum — Asylum support benefit — Delays in making asylum support payments to asylum seekers — Further delay in making additional support payments to parents of children under three — Whether support obligations capable of being discharged by provision in kind — Whether additional support for children required to be made by way of cash payment to meet essential living needs — Whether delay in deciding applications for support payments unlawful — Whether Secretary of State unlawfully failing to make temporary support payments while applications pending — Whether destitution amounting to ill-treatment in breach of applicants’ Convention rights — Human Rights Act 1998 (c 42), s 6(1), Sch 1, Pt I, art 3 — Immigration and Asylum Act 1999 (c 33), ss 95, 96, 98 — Asylum Support Regulations 2000 (SI 2000/704), regs 10(2)(5), 10A

  3 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered