News and Resources
Below is a selection of news items, case notes, articles, books and papers authored by members of Chambers.
There is also a separate Archive of Inspector’s Reports in respect of applications to register new town or village greens.
Judgment Has Been Handed Down by Mrs Justice Thornton in Crest Nicholson V West Berkshire District Council [2021] EWHC 289 (Admin).
The case is the first to be decided under the Radiation (Emergency Preparedness and Public Information) Regulations 2019 which came into force in May 2019. Read more
High Court Grants Permission to Challenge New Street Trading Policy
HHJ Cooke (sitting as deputy) has granted permission for an application for a judicial review brought by two street traders against Birmingham City Council’s new street trading policy. The policy is designed to improve the consumer offer and environment of street trading in the city centre. To obtain a consent, which traders must reapply for annually, applications will be assessed on, amongst other things, how “innovative” the products traders propose to sell will be. The policy defines “innovative” as whether the product is readily available in the High Street market place. Read more
Election Court Dismisses Election Challenge Following Recount
The Divisional Court granted an application for a Special Case and dismissed an election petition challenging the local governmet election for Barnhill ward in the London Borough of Brent held on 23 January 2020. Following a recount of the ballots held under Covid restrictions, the original result of the election, which returned two Labour Party councillors, was declared to be correct. Read more
High Court Quashes Norfolk Vanguard Windfarm Decision
Mr Justice Holgate has today handed down judgment in R (Pearce) v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin) – Read more
Recognition of Public Rights of Way Over the Weatherby Level Crossing in Newmarket
Following a 9-day inquiry that took place (as a blended event) during October and November 2020, an Inspector has published an interim decision proposing that the Suffolk County Council (Parish of Newmarket) Modification Order 2018 be confirmed subject to proposed modifications. Read more
High Court Dismisses Application to Quash New Parking Zone on Equalities Grounds
Lang J dismissed an application to quash the decision by Hackney Council to introduce a parking control zone in Stamford Hill. The Claimant, Mrs Rothschild, a member of the Orthodox Jewish community, challenged the decision on grounds that the Council had failed to satisfy its Public Sector Equality Duty and have regard to impacts of its traffic management measures on observant Jews. Read more
Appointments to Welsh Government’s Panels of Counsel Announced
FTB is delighted to announce that Morag Ellis QC and Gregory Jones QC have been re-appointed to the Welsh Government’s Panel of Queen’s Counsel. Emyr Jones has been reappointed and Annabel Graham Paul has been appointed to the A Panel of Junior Counsel. Read more
HS2 Successful in Further HS2 Euston Square Tunnel Protest Interim Applications
This morning (10 February 2021), the High Court (Steyn J), dismissed wide-ranging applications by an activist unlawfully occupying makeshift tunnels beneath Euston Square Gardens in central London. The Judge also granted HS2’s application for a penal notice to be added to terms of the injunction against the activist, so that it be capable of enforcement by committal proceedings in case of continuing breach. Read more
High Court to Hear Challenges to Advice in Natural England ‘Nutrient Neutrality’ Advice Note
Following a contested renewal hearing this morning before Sir Ross Cranston (Sitting as a High Court Judge), the High Court has granted permission on all of the grounds renewed in R (Save Warsash and the Western Wards) v Fareham Borough Council (CO/3397/2020). The case raises questions about whether the guidance issued by Natural England is compliant with Articles 6(2) and 6(3) of the Habitats Directive. Read more
Court of Appeal Judgment on the NPPF Tilted Balance
The Court of Appeal has handed down judgment in the case of Gladman Developments Ltd v SSHCLG & Corby BC & Uttlesford DC [2021] EWCA Civ 104 dealing with paragraph 11(d)(ii) and the tilted balance in the National Planning Policy Framework. The Court of Appeal dismissed the Appellant’s challenges, upholding the decisions of the Secretary of State’s inspectors. Read more