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On 22 May 2017, FTB will be participating in the London Legal Walk to raise money for the London Legal Support Trust.  In addition, this year, half of the money raised by FTB will be donated to the charity AdvocAid Sierra Leone.  AdvocAid works with vulnerable women and girls caught up in Sierra Leone’s legal system, which can often be unjust.  Established in 2006, AdvocAid is the only...
Saira Kabir Sheikh QC appears very highly placed in a survey of barrister case wins in the High Court. The UK High Courts Report 2017 compiled and published by Premonition has identified Saira Kabir Sheikh QC as being in the top 10 for case wins across over 4,000 Barristers appearing in some 4,300 cases the Administrative Court over the past two years. Full details can be found on page 9 of the...
The Court of Appeal has confirmed in R (Khodari) v. RB Kensington and Chelsea [2017] EWCA Civ 333 that “permit free” obligations (ie restrictions on the ability of owners/occupiers of residential developments to apply for parking permits) do not come within section 106 and so such restrictions cannot be imposed under them.  However, where the obligation is also subject to the provisions of...
The Court of Appeal (Lindblom LJ) has granted permission to appeal the High Court’s decision in Lancashire CC v SSEFRA [2016] EWHC 1238 (Admin). Permission was granted on all of the grounds raised before Ouseley J.  The Court of Appeal is likely to give important guidance on the scope and application of the doctrine of statutory incompatibility, following the 2015 decision of the Supreme Court in...
The Supreme Court has handed down judgment in the cases of Suffolk Coastal District Council v Hopkins Homes Ltd and Richborough Estates Partnership LLP v Cheshire East Borough Council [2017] UKSC 36 concerning the meaning and effect of the provisions of the National Planning Policy Framework (NPPF) on housing land supply and the presumption in favour of sustainable development.  The Supreme Court...
A senior Conservative councillor has been prosecuted for altering a 14th Century Listed Building cottage without having secured the relevant planning consent.  The councillor served as Chair of the council’s Planning Committee at the time some of the alterations were made.   The councillor was fined £75,000 and ordered her to pay £40,000 towards the Council's costs. The councillors partner was...
The High Court has dismissed a statutory appeal against a decision of the Valuation Tribunal for England which held that a disabled student who was not enrolled on a full-time course of education was liable to pay Council Tax in respect of the dwelling she occupied. The appellant’s case was that her disability meant that she was unable to enroll on a full-time course of education and could only...
Holgate J dismissed a s.288 challenge to an Inspector’s decision dismissing a s.78 appeal against the LPA’s refusal to remove restrictive planning conditions from a consent for an agricultural building in the Green Belt. The case is interesting for the approach taken to the issue of standing and the substitution of parties. The Secretary of State argued successfully that the named claimant, Mr R...
Uttlesford District Council has granted planning permission for a substantial replacement home in the countryside near Bishops Stortford, significantly larger than the original, on the basis that it had been demonstrated to be a design of exceptional quality in accordance with the criteria in paragraph 55 of the NPPF.  Whilst the Council recognised that the proposed dwelling was a replacement...
At a recent disability discrimination hearing, Katherine Barnes successfully persuaded the Special Educational Needs and Disability Tribunal that a primary school had discriminated against a child (X) with autism. The tribunal allowed the claim in full on the first two grounds and in part on the final ground. In short, the tribunal agreed that the school had subjected X to disability...

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