20th July 2021 GARLAND & SALAMAN v SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS & SURREY COUNTY COUNCIL: [2021] EWCA Civ 1098 – Court of Appeal rejects objections based upon public nuisance and confirms DMO upgrading a footpath to a bridleway was correctly made. The judgment can be found here: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1098.pdf Article […]
Tags: General Civil, Property and Planning, Town and Village Greens
A downloadable PDF version of this article is available by clicking this link. SOME OTHER SUBSTANTIAL REASON It is necessary for an employer when fairly dismissing an employee to identify the reason for dismissal. S 98(1)(b) Employment Rights Act 1996 identifies one potentially fair reason as some other substantial reason (SOSR). In […]
Tags: Commercial, Employment, General Civil
Article by Trevor Ward click here for a downloadable PDF version 6th July 2021 HIGH COURT DECIDES THAT CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION UNDER SECTION 73A OF THE TOWN & COUNTRY PLANNING ACT 1990 – Gardiner v Hertsemere Borough Council [2021] EWHC 1875 (Admin), 6th […]
Vulnerable Witnesses Earlier this year, whilst preparing for a final hearing in a claim under the Equality Act 2010 it was necessary for me to look at the Tribunal’s approach to making reasonable adjustments at a final hearing. Guidance on a Tribunals requirement to make reasonable adjustments at hearings is found in Rackham –v- NHS […]
Tags: Commercial, Employment, General Civil
High Court Judgment provides important reminder as to the consequences of failures in planning officer’s reports leading to the grant of planning permission – R(Kinsey) v London Borough of Lewisham & Anor [2021] EWHC 1286 (Admin) 18th May 2021. The recent High Court decision has highlighted the importance of ensuring that officer reports leading to […]
High Court judgment provides useful reminder and summary of the case law in respect of the interpretation of planning permissions and the scope and effect of conditions as limitations to the permission – Barton Park Estates Limited v The Secretary of State for Housing, Communities and Local Government, (2) Dartmor National Park Authority [2021] EWHC […]
Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2021] EWCA Civ 241 (25 February 2021) The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces […]
CLOUD VIDEO PLATFORM & OTHER MATTERS This blog is a bit different from my regular contribution however I thought it would be helpful to update practitioners on how things have been going since the Tribunals reopened at the end of June. I had an in-person hearing which was heard over three weeks at the beginning […]
Tags: Commercial, Employment, General Civil
Gas Safety Certificates and Section 21 Notices: Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760 On 18th June 2020, the Court of Appeal handed down judgment in Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760. In welcome news to residential landlords, the Court of Appeal has held that a landlord is […]
Grounds for Setting Aside a Will: Undue Influence The loss of a loved one is already an incredibly difficult and emotional time. Sometimes the situation is made worse by the discovery of suspicious circumstances surrounding the making of the will. This series of posts will examine some of the ways in which a will can […]
Tags: General Civil, Will Disputes