CASES
February 2, 2011
Planning, Public & Administrative Law
R (de Whalley) v. Norfolk County Council [2011] EWHC 3739
Pre-determination and bias and the lawfulness of whipping following the enactment of the Local Government Act 2000.
CASES
January 8, 2011
Public & Administrative Law, Regulatory & Disciplinary
R v RP [2012] Cr.App.R (S) 497, [2011] EWCA Crim 1919
Simon Morgan acted for the defence of a man indicted for attempted murder, rape, aggravated arson (x2) and aggravated burglary. He broke into her house at night to commit burglary. He raped her, tied her to
CASES
June 4, 2010
Planning
Trim v North Dorset DC [2010] EWCA Civ 1446; [2011] 1 WLR 1901 (CA)
Breach of condition notice served under s171A TCPA; challenge by Part 8 claim approximately 17 months after the service of the notice. CA held that procedure by JR should have been used (following O’Reilly v Mackman)
CASES
June 1, 2010
Public & Administrative Law
Jones v North Somerset Council
Section 76 appeal against a refusal of planning permission for a major housing development at a Green Belt location which, according to the local planning authority (North Somerset), contravened all existing and emerging policies in housing
CASES
June 1, 2010
Planning, Public & Administrative Law
Bristol City Council v Information Commissioner and Portland & Brunswick Square Association
This is an important decision of the Information Tribunal for all planning authorities required to decide under the Environmental Information Regulations whether to make public sensitive commercial information in viability appraisals.
CASES
June 5, 2009
Planning
R (Bristol City Council) v Bristol Magistrates’ Court [2009] EWHC 625 Admin
Proper application of ss17-18 Licensing Act 2003; whether Magistrates had properly considered the applicant’s operating schedule; whether this had properly applied the law and guidance; costs, application of Bradford MBC v Booth.
CASES
June 4, 2009
Planning
Howells v SSCLG and Gloucestershire CC [2009] EWHC 2757 Admin; [2010] JPL 741
Enforcement notice; whether the Inspector could add a further area of land to the land enforced against in the notice.
CASES
June 1, 2009
Highways & Rights of Way, Personal Injury, Public Liability
Young v Merthyr Tydfil CBC [2009] PIQR P23
A claim concerning a slip on the highway (but not highway maintainable at public expense) and the absence of a duty of care for non-feasance in such circumstances.
CASES
June 1, 2009
Licensing
R (on the application of Bristol City Council) v Bristol Magistrates Court and Somerfield Stores [2009] EWHC 625 (Admin)
Conditions placed on premises licences generally should not duplicate the provisions of other legislation, should not be automatically adopted from the applicants operating schedule and should be imposed only if necessary.
CASES
June 1, 2009
Licensing
Hall & Woodhouse Limited v The Borough and County of the Town of Poole
Criminal liability for breach of conditions under Licensing Act 2003 is concerned with the actual conduct of a person charged and the holder of a premises licence is not liable under s136(1)(a) as a matter of
CASES
June 7, 2008
Planning
R. (Egerton) v Taunton Deane BC [2008] EWHC 2752 Admin
Curtilage of listed building and extent of the curtilage. Whether the council could properly conclude that the building was not part of the curtilage.
CASES
June 2, 2008
Planning
R. (on the application of Carroll) v South Somerset DC [2008] EWHC 104 (Admin)
A slightly unusual claim for judicial review, seeking to quash an allegedly erroneous grant of planning permission made by the South Somerset District Council when the Council had failed to follow its own procedures. The application