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11KBW
Local Government Law
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   * Best Value (13)
   * Capital Finance and Companies (54)
   * Council Tax and Rates (72)
   * Decision making and Contracts (257)
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   * General (17)
   * Housing (143)
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STATUTORY REQUIREMENTS

August 16th, 2024 by James Goudie KC in Local Authority Powers

In AI Properties ( Sunderland ) Ltd v Tudor Studios ( 2024 ) UKSC 27, concerned
with the consequence of failure to comply with a statutory requirement to serve
a notice, the Supreme Court says that, where there is no express statement of
the consequences of non-compliance, the correct approach is to consider the
whole of the structure within which the requirement arises, and ask what
consequences of non-compliance best fits the structure as a whole. In each case,
the focus is on (1) the purpose served served by the requirement, as assessed in
the light of a detailed analysis of the particular statute, and (2) the specific
facts of the case, having regard to whether any and what prejudice might be
caused or whether any injustice might arise if the validity of the statutory
process is affirmed notwithstanding the breach of the procedural requirements.

 


PENSIONS REVIEW

August 16th, 2024 by James Goudie KC in Local Authority Powers

Following the announcement by the Chancellor of a Pensions Review, terms of
reference for PHASE ONE have been published. This includes consolidation and
improved governance in the LGPS, and encouraging further pension investment into
UK assets, as well as reform of defined contribution workplace schemes.

 


DUTIES OF CANDOUR AND DISCLOSURE IN JUDICIAL REVIEW

August 13th, 2024 by James Goudie KC in Judicial Control, Liability and
Litigation

IN PYANEANDEE v LEAN (2024) UKPC 27 Lady Simler observes at para 44 that ,
although there is a difference between the continuing duty of candour and the
continuing duty of disclosure , the latter is often, in the broadest sense
unnecessary, if the former duty is discharged to its fullest extent.

 


RATEABLE OCCUPIER

August 13th, 2024 by James Goudie KC in Council Tax and Rates

In Z v MOORE (2024) UKUT 204 ( LC ) a business unit comprised both a warehouse
and an office. It is held to be a single hereditament. The parts were not sef
contained and were not severable. There was a single territorial block. The
uunit was physically a single whole with a paramount occupier.

 


PLANNING UNIT

August 13th, 2024 by James Goudie KC in Planning and Environmental

RICHMOND UPON THAMES LBC v ARIYO ( (2024) EWCA Civ 960 is concerned with the
general principle of planning law that changes of use are generally judged by
reference to the “ planning unit “.

The planning unit , at least in general terms, is the whole of an area in single
occupation used for a main purpose to which other purposes are ancillary. The
concept of an ancillary use is also a well-established part of planning law; and
where a change of use is permitted it will generally extend to land used as
ancillary to the changed use, if part of the same planning unit.

 


LOCAL AUTHORITIES AS TRUSTEES FOR CHARITIES

August 9th, 2024 by James Goudie KC in Decision making and Contracts

The Charity Commission has updated Guidance for Council Members and Officers
when their Council is Trustee of a Charity. The Commission is seeing a “
significant number ‘ of cases where local authorities have failed to comply with
their legal responsibilities a charity trustees. Common problems include
changing the use or status of charitable land, or disposing of it, in a way that
is not compatible with its charitable purpose.

The Guidance states that (1) it is important that authorities understand which
of the assets they manage or own are charitable, and (2) they should then ensure
that they are familiar with the different legal requirements and legal
restrictions on actions in relation to assets that are charitable rather than
simply owned.

The Guidance (1) outlines what is expected in the role of trustee, (2) gives
advice on how to handle issues such as managing CONFLICTS OF INTEREST, (3)
explains requirements in relation to filing Accounts, and (4) sets out rules
around disposing of CHARITY LAND.

 


MEMBERSHIP OF A COMPANY

August 5th, 2024 by James Goudie KC in Capital Finance and Companies

It is necessary for a person who contends that their name has been wrongly taken
off the Register of Members of a company to apply to the Court for a Order that
the Register be rectified, with retrospective effect, putting them back on the
Register, in place of the name of the person whose namely wrongly appears on the
Register. So held in BLAND v KEEGAN (2024) EWCA Civ 934.

 


ECHR ARTICLE 6

August 5th, 2024 by James Goudie KC in Human Rights and Public Sector Equality
Duty

In QX v SSHD ( 2024 ) UKSC 26 a seven Justice Supreme Court emphasizes both
Article 6 of the European Convention of Human Rights and the common law right to
a fair trial. As regards the latter, at paragraph 53, the Court states that the
“fundamental importance “ of the domestic right should not be disregarded. The
object of ALL LEGAL PROCEEDINGS is to do justice according to law. Doing justice
involves not only arriving at a just result but arriving at it in a JUST MANNER.
The essential ingredients of a fair trial can vary according to the subject
matter and the nature of the proceedings, but the right to a fair trial is
fundamental under domestic law and does NOT depend on the categorisation of the
rights or interests at stake in the proceedings as “ civil rights or obligations
“ within the meaning of Article 6(1) of the ECHR.
Read more »

 


PROCUREMENT OF CONTRACTS

August 2nd, 2024 by James Goudie KC in Decision making and Contracts

The Cabinet Office has published Guidance under the Procurement Act 2023 on
contract terminations; procurement oversight; contract award notices;
standstills; assessment summaries; remedies; debarment; exclusions; and
procurement termination notices.

 


IMPROVEMENT NOTICE

August 2nd, 2024 by lawrence in Housing

CURD v LIVERPOOL CITY COUNCIL (2024) UKUT 218 (LC) concerned an Improvement
Notice served under Section 12 of the Housing Act 2004. It is held that the FTT
can vary an Improvement Notice only if it satisfied that a hazard exists. It
cannot substitute a requirement for further investigation on the question of
hazard in place of a requirement for specified remedial work.

 

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