Results: 93

• 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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  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

• Governing Body of School T v AA

  28 Nov 2023 [2023] UKUT 311 (AAC); [2024] PTSR 1076; [2024] WLR(D) 176, UT (Upper Tribunal Judge Freer)

  Subsequent citations: 1.
  EDUCATION — School — Exclusion
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  EDUCATION — School — Exclusion — School deciding to stop providing on-site education to disabled child — Child subsequently moved to care home after school and local authority deciding school no longer suitable placement — Parents bringing discrimination claim challenging school’s decision to stop providing on-site education for child — Whether claim brought out of time — Whether failure to provide on-site education continuing act for purposes of applying time limit — Equality Act 2010 (c 15), ss 15, 85(2), Sch 17, para 4

  4 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 (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

• Staten og Kommunernes Indkøbsservice A/S v BibMedia A/S

  13 Jun 2024 (Case C-737/22); EU:C:2024:495; [2024] PTSR 1282; [2024] WLR(D) 328, ECJ (President of Chamber C Lycourgos, Judges O Spineanu-Matei, JC Bonichot, S Rodin, LS Rossi Advocate General A Rantos)

  Subsequent citations: 1.
  EUROPEAN UNION — Reference for a preliminary ruling — Award of public works, public supply and public service contracts

  EUROPEAN UNION — Public procurement — Contract award procedure

  PUBLIC PROCUREMENT — Contract award procedure — Contract divided into lots
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  EUROPEAN UNION — Reference for a preliminary ruling — Award of public works, public supply and public service contracts — Directive 2014/24/EU — Article 18 — Principles of equal treatment and transparency — Article 46 — Division of a contract into lots — Opportunity for the tenderer which submitted the second most economically advantageous tender to be awarded a lot on the terms of the most economically advantageous tender

  EUROPEAN UNION — Public procurement — Contract award procedure — Contracting authority dividing public supply and service contract into lots — Larger lot to be awarded to tenderer submitting lowest bid — Smaller lot to be awarded to second lowest bidder — Defendant submitting tenders for all lots — Contracting authority awarding larger lot to defendant as submitting lowest bid — Smaller lot awarded to rival tenderer on condition it would deliver supplies and services for that lot at lower price offered by defendant — Whether tender procedure contrary to principles of equal treatment and transparency — Parliament and Council Directive 2014/24/EU, arts 18, 46

  PUBLIC PROCUREMENT — Contract award procedure — Contract divided into lots — Tender specification providing for award of largest lot to tenderer submitting lowest bid and award of smaller lot to second lowest bidder on condition it would match lower price offered by tenderer awarded larger lot — Whether tender procedure contrary to principles of equal treatment and transparency — Parliament and Council Directive 2014/24/EU, arts 18(1), 46

  2 Case(s) considered

  1 EU Enactment considered

• Webb-Harnden v Waltham Forest London Borough Council

  22 Aug 2023 [2023] EWCA Civ 992; [2024] PTSR 431; [2023] WLR(D) 363, CA (Asplin, Arnold, Lewis LJJ)

  Subsequent citations: 3.
  HOUSING — Homeless persons — Review of local authority decision
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  HOUSING — Homeless persons — Review of local authority decision — Housing applicant resident in London applying for assistance — Applicant subject to welfare benefits cap — Local housing authority offering private rented accommodation outside London and neighbouring counties — Authority’s reviewing officer upholding decision — Whether reviewing officer breaching duty to having regard to need to eliminate discrimination and advance equality — Whether offer reasonable and suitable — Housing Act 1996 (c 52), s 193(2) — Equality Act 2010 (c 15), s 149(1) — Homelessness (Suitability of Accommodation) Order 1996 (SI 1996/3204), art 2

  2 Statutes considered

  1 Statutory Instrument considered

• Fertré v Vale of White Horse District Council

  22 May 2024 [2024] EWHC 1234 (KB); [2024] PTSR 1158; [2024] WLR(D) 235, KBD (Constable J)

  HOUSING — Homeless persons — Appeal
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  HOUSING — Homeless persons — Appeal — Claimant with pre-settled status appealing against defendant housing authority’s refusal of assistance as homeless person — Claimant given short-term accommodation by another authority following mental health detention — Claimant making fresh application to defendant as person threatened with homelessness — Whether fresh application automatically or impliedly constituting abandonment of appeal — Whether appeal to be struck out as maintaining it abuse of process — Whether appeal rendered academic by subsequent events — Housing Act 1996 (c 52), s 204 — CPR r 52.18

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R (Begum) v Tower Hamlets London Borough Council

  04 Sep 2024 [2024] EWHC 2279 (Admin); [2024] PTSR 1955; [2024] WLR(D) 394, KBD (David Pittaway KC sitting as a deputy High Court judge)

  31 Jul 2025 [2025] EWCA Civ 1049; [2025] WLR(D) 430, CA (Newey, Lewis, Cobb LJJ)

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Homeless persons — Council’s duty

  HOUSING — Homeless persons — Duty to accommodate
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  LOCAL GOVERNMENT — Homeless persons — Council’s duty — Local housing authority providing claimant with accommodation in accordance with homelessness duty — Claimant contending property unsuitable on basis of overcrowding — Local authority managing transfer request by entering claimant’s details into database or transfer list maintained in relation to households in unsuitable accommodation — Whether operation of database indirectly discriminatory against women — Whether operation of database being “provision, criterion and/or practice” — Whether local authority operating database in breach of public sector equality duty — Equality Act 2010 (c 15), ss 19, 149

  HOUSING — Homeless persons — Duty to accommodate — Local housing authority providing claimant with accommodation in accordance with homelessness duty — Claimant complaining property unsuitable on basis of overcrowding — Local authority managing transfer request by entering claimant’s details into database or transfer list maintained in relation to households in unsuitable accommodation — Whether operation of database indirectly discriminatory against women — Whether “provision, criterion and/or practice” — Whether breach of public sector equality duty — Equality Act 2010 (c 15), ss 19, 149

  HOUSING — Homeless persons — Duty to accommodate — Local housing authority satisfying homelessness duty by providing claimant with accommodation — Claimant complaining property unsuitable due to overcrowding and requesting transfer — Local authority managing request by entering claimant’s details into database or transfer list maintained for persons in unsuitable accommodation — Whether operation of database a “provision, criterion or practice” indirectly discriminatory against women — Whether breach of public sector equality duty — Equality Act 2010 (c 15), ss 19, 149

  3 Case(s) considered

  1 Statute considered

• Querino v Cambridge City Council

  29 Mar 2023 (unreported), County Ct (Judge Moloney KC)

  27 Mar 2024 [2024] EWCA Civ 314; [2024] PTSR 895; [2024] WLR(D) 153, CA (Underhill, Newey, Warby LJJ)

  Subsequent citations: 1.
  HOUSING — Homeless persons — Suitability of accommodation
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  HOUSING — Homeless persons — Suitability of accommodation — Homeless applicant wanting room for children’s overnight stays accepting local housing authority’s final offer of one-bedroom flat but seeking review of suitability of accommodation — Review decision confirming suitability — Judge finding reviewer breaching requirement to send “minded to” letter and failing to consider CAFCASS report prepared in Children Act proceedings — Whether housing authority justified in offering accommodation in light of wishes — Whether offer made in breach of duties — Whether permissible for reviewer to have regard to CAFCASS report — Whether reviewer required to send “minded to” letter — Administration of Justice Act 1960 (8 & 9 Eliz 2, c 65), s 12 — Housing Act 1996 (c 52), s 193(6)(7)(7F)(8) — Homelessness (Review Procedure, etc) Regulations 2018 (SI No 2018/223), reg 7(2)

  8 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered

• R (Police and Crime Comr for the West Midlands) v Secretary of State for the Home Department

  18 Mar 2024 [2024] EWHC 604 (Admin); [2024] PTSR 917; [2024] WLR(D) 132, KBD (Swift J)

  22 Mar 2024 [2024] EWCA Civ 367, CA (Nicola Davies, Dingemans, Lewis LJJ)

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Combined authority — Policing
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  LOCAL GOVERNMENT — Combined authority — Policing — Secretary of State making order transferring police and crime commissioner’s powers to mayor of combined authority — Whether consultation document containing sufficient information to permit public fair opportunity to participate — Whether Secretary of State required to state reasons why statutory conditions for making order met — Local Democracy, Economic Development and Construction Act 2009 (c 20), ss 107F, 113

  1 Case considered

  1 Statute considered