Litigation and Enforcement

Untangling disputes

Huw Davies examines some useful guidance on the use of Alternative Dispute Resolution in disputes involving local authorities. Read more

NEWS

Nov 21, 2024

Councils embroiled in Thurrock solar investment litigation to "vigorously defend" claim

A number of the 23 councils named in Thurrock Council's £40m compensation claim over allegedly "negligent" valuations provided by the Association for Public Service Excellence (APSE) have vowed to "vigorously defend" the litigation.

Nov 21, 2024

NHS trust withdraws award of £65m contract after threat of procurement challenge

Mersey and West Lancashire Teaching Hospitals NHS Trust has withdrawn the award of a contract to provide electronic patient records after a losing bidder initiated legal action.

Nov 21, 2024

City council wins appeal over houses in multiple occupation and rules of co-operative society

A dispute over whether two houses in Nottingham are ‘houses in multiple occupation {HMO)’ has turned on the meaning of the word ’discuss’ in the rules of the co-operative that owns them.

Nov 21, 2024

Environmental watchdog granted permission to intervene in case about setting of housing energy efficiency standards by local authorities

Regulator the Office for Environmental Protection (OEP) has been granted permission by the Court of Appeal to intervene in a case which could clarify how Government departments should consider environmental issues in policy making.

Nov 20, 2024

Sixth Form Colleges Association launches legal challenge over Government decision to fund pay award for staff in schools but not colleges

The Sixth Form Colleges Association (SFCA) has launched judicial review proceedings over a decision by the Department for Education to exclude colleges from this summer’s 5.5% school teacher pay award.

Nov 20, 2024

Directors of Children's Services criticise proposals to change rules on handling of SEND tribunal refusal appeals

The Association of Directors of Children’s Services (ADCS) has described proposals by the Tribunal Procedure Committee to change the rules on the handling of so-called ‘refusal appeals’ as “undesirable” and “inappropriate”.

Nov 20, 2024

Family Presiding Judge for London to issue practice note to ensure “rigorous adherence” by legal practitioners to rules of court

The Family Presiding Judge for London has written to children law practitioners in London about compliance with the Public Law Outline (PLO), after observing that the capital is “struggling to achieve the change of culture that is required” by the relaunch.

FEATURES AND ANALYSIS

November 20, 2024

Fluctuating capacity, the “longitudinal approach” and practical dilemmas

David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.

November 20, 2024

Capacity and civil proceedings

Holly Tibbits examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.

November 20, 2024

Children case law update: November 2024

Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.

November 20, 2024

Injuries and Part 25 experts

Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.

November 20, 2024

Appealing refusals of placement orders

Eleanor Hull analyses a successful appeal by a local authority against the refusal of an application for a placement order.

MORE NEWS

Nov 19, 2024

Children’s Commissioner urges major reduction in number of children deprived of their liberty

The Children’s Commissioner for England, Dame Rachel de Souza, has called for “far fewer” children to be deprived of their liberty, and the introduction of a clear legislative and statutory framework in the small number of cases where such a step is necessary.

Nov 19, 2024

Council agrees to pay £50,000 in damages after unlawfully issuing care proceedings in relation to disabled child

A County Court judge has issued a declaration that Northumberland Council breached the rights of a disabled child under Article 8 of the European Court of Human Rights (the right to private and family life) after it unlawfully issued care proceedings.

Nov 19, 2024

High Court rejects judicial review over permanent exclusion for persistent breaches of school behaviour policy

A High Court judge has rejected a judicial review claim over a decision by a school governing body's disciplinary panel not to reinstate a teenage boy to his school following a permanent exclusion, which occurred as a result of “persistent breaches” of the school's behaviour policy.

Nov 18, 2024

Father fails in appeal in childcare case over subsequent diagnosis of autism

The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.

Nov 18, 2024

High Court refuses permission for judicial review over policy of Welsh council on second homes and short term lets

An application for judicial review of Gwynedd Council's implementation of new rules aimed at curbing second homes and short-term holiday lets has been dismissed by a High Court judge.

Nov 18, 2024

Borough council increases legal budget for landfill enforcement case to £1m

Officers at Newcastle-under-Lyme Council have recommended members boost the local authority's legal fund for an upcoming dispute over an odorous landfill by a further £400,000, taking the total to £1m.

Nov 15, 2024

Thurrock fires gun on claim against 23 APSE member councils over £40m losses from solar farm investments

Thurrock Council has filed a multi-million pound claim against a representative group of 23 member councils of the Association for Public Service Excellence (APSE), over what the unitary council alleges were "negligent" valuations of solar farm assets that it says led it to invest millions in bonds.

Nov 15, 2024

Lessons from Lieven J

Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.

Nov 14, 2024

High Court judge dismisses appeal over rejection of cycling accident claim against council

The High Court has dismissed a man’s appeal against a judge’s decision to reject his claim for damages against Cornwall Council for personal injury sustained as a result of a bicycle accident.

Nov 14, 2024

Civil Justice Council working group publishes final report on procedure for determining mental capacity in civil proceedings

Courts should be provided with a ‘menu of options’ for decisions on whether participants in civil proceedings possess capacity.

Nov 14, 2024

Welsh housing associations could have to repay £50m in rent following test case over failure to provide electrical condition reports

Welsh housing associations could face bills totalling £50m after a Divisional Court ruled that rents need not have been paid during a period in which landlords withheld electrical condition reports from tenants, known in Wales as contract holders.

Nov 14, 2024

Council as pensions administrating authority fails in bid to wind up Luxembourg-based property fund

East Riding of Yorkshire Council has been told by the High Court that it cannot apply to wind up a property fund based in Luxembourg in which it had invested £20m.

Nov 14, 2024

High Court judge dismisses second legal challenge brought against council in tree felling row

A claim that Plymouth City Council breached an injunction in relation to its decision to fell more than a hundred trees in the city centre has been dismissed by a High Court judge.

Nov 13, 2024

London borough refused permission to appeal in £1.6m Community Infrastructure Levy dispute

Lord Justice Lewison has refused Newham Council permission to appeal the High Court's dismissal of its judicial review application of HM Revenue & Custom’s (HMRC) decision that a floating hotel is not a building for Community Infrastructure Levy (CIL) purposes.

Nov 13, 2024

The National Adaptation Programme and climate change litigation

A recent challenge to the Government’s climate change adaptation programme failed – yet, it signalled key climate litigation trends. Ryan Kohli explains why.

Nov 11, 2024

Orders protecting against risk of FGM should be “focused, targeted and proportionate” to specific risks established, says High Court judge

The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.

Nov 11, 2024

Elderly woman who said she broke elbow on defective pavement ordered to pay £20,000 over fraudulent claim

A 73-year-old woman has been ordered to pay almost £20,000 after making a fraudulent personal injury claim against Sunderland City Council.

Nov 09, 2024

Much ado about timescales - planning challenges

A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.

Nov 08, 2024

Thurrock threatens to issue claim against 23 local authority members of APSE over valuation of solar assets

Thurrock Council is threatening to issue a claim against 23 member councils of the Association for Public Service Excellence (APSE) over valuations the association provided to a failed solar farm business which Thurrock said led it to invest millions in bonds.

Nov 08, 2024

Family Court judge refuses application to name local authority and police force criticised in earlier judgment

A judge sitting in the Family Court has rejected an application by a media organisation for a council and a police force involved in care proceedings to be named, in a case where the authorities were found to be at fault for their actions.

Nov 08, 2024

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal

A council worker who protested against his local authority employer's pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.

Nov 07, 2024

Adopted children should have more opportunity to keep in touch with birth families unless it is unsafe: Public Law Working Group

A report by the Public Law Working Group (PLWG) has highlighted the need for “wholesale reform” to the adoption process, including a change in face to face contact between adopted children and birth families, and the development of a national strategy for adoption by consent.

Nov 06, 2024

London borough concedes judicial review over proposed closure of “vital” children’s centres

Hackney Council has decided to settle by consent a judicial review challenge relating to the proposed closure of two local children’s centres, days before the final hearing was due to take place.

Nov 06, 2024

Council secures interim injunction in bid to keep affordable homes subject to section 106 agreement

The High Court has granted an interim injunction requiring a set of flats to be used as affordable housing after Westminster City Council argued a property owner must honour a section 106 agreement.

Nov 06, 2024

Government to review upper limit on Disabled Facilities Grant after judicial review settled

The Government has agreed to review the limit on grants to fund specialist adaptations to disabled people’s homes, following a legal challenge brought by a family left unable to meet their six-year-old disabled child’s needs.

Nov 05, 2024

High Court judge refuses to ministerial bid to stay judicial review claims over Leasehold and Freehold Reform Act 2024

The High Court has refused an application by the Secretary of State for Housing, Communities and Local Government to stay three judicial review claims challenging various provisions of the Leasehold and Freehold Reform Act 2024.

Nov 01, 2024

Council appoints barristers ahead of landfill odours legal action

Newcastle-under-Lyme Borough Council has appointed Jeremy Phillips KC and Horatio Waller, both of Francis Taylor Building Chambers, for its legal action against the operators of an odorous landfill site.

Oct 31, 2024

Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family

The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.

Oct 31, 2024

Court of Appeal urges mediation as council seeks repayment of housing benefit recipients were not entitled to

The Court of Appeal has urged Tendring District Council and a couple it is pursuing for dishonest housing benefit claims to consider mediation to resolve a lengthy dispute.

MORE FEATURES

November 08, 2024

The role of hair strand testing

“Hairstrand testing has its limitations.” So why are drug tests not always treated this way in the Family Court? Stephen Williams looks at the issues.

November 06, 2024

HMO licensing appeals: to re-hear, or not to re-hear?

Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?

November 05, 2024

Housing case law: September & October 2024

Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.

November 01, 2024

Recovering adult social care charges via insolvency administration orders

Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.

October 23, 2024

Court of Protection case update: October 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.

October 23, 2024

Retraction of allegations and deficiencies in investigations

Edward Lamb KC and Tara Vindis analyse a recent Court of Appeal case that dealt with the retraction of allegations; burdens of proof and deficiencies in investigatory procedures relating to allegations of sexual abuse within a family.

October 18, 2024

The need for holistic analysis

Graeme Bentley examines the implications for local authorities and child protection professionals of a recent Court of Appeal decision on whether a child currently living in foster care in England pursuant to an interim care order, should move to live with his father in Italy.

October 17, 2024

The standard of scrutiny for environmental judicial review

The High Court has recognised a higher standard of scrutiny for environmental judicial review. Sam Fowles analyses the ruling.

October 04, 2024

The High Court on school exclusions

The High Court recently rejected a legal challenge by parents against a school over the permanent exclusion of their son. Joe Orme-Paul sets out the key takeaways.

October 04, 2024

Identification of the perpetrator

Gary Fawcett examines a Court of Appeal ruling allowing an appeal by a guardian in care proceedings against the failure of the first instance judge to identify the perpetrator of injuries to a child.

September 27, 2024

Class action tsunami: water companies face £1.5bn claim for allegedly misleading customers and regulators

Steve Gummer, Jonathan Blunden and Oliver Slater discuss the landmark Competition Appeal Tribunal class action brought against six of England’s largest water companies.

September 26, 2024

How the CPR is now going ADR

John Pugh-Smith explains recent amendments to the Civil Procedure Rules, which take effect from Tuesday (1 October 2024) and reflect the Court of Appeal’s ruling in Churchill v Merthyr Tydfil CBC.

September 24, 2024

USDAW v Tesco: the end of fire and rehire?

Benjamin Gray looks at the lessons to be learned from the Supreme Court's recent consideration of a "fire and rehire" case.

September 24, 2024

Key updates to the Administrative Court Guide

Olivia Dawson and Jonathon Blunden highlight for practitioners the key amendments in the latest edition of the Administrative Court Guide.

September 20, 2024

Insolvency cover clarified – Peabody Trust v NHBC

The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.

September 18, 2024

High Court rejects application by father for young boy subject to care order to be circumcised

The High Court has rejected a father’s application for his 16-month-old boy to be circumcised, finding that it is in the child’s interests to defer the decision until he has the “maturity and insight” to appreciate the consequences and longer-term implications of the decision.

September 18, 2024