Landmark Chambers

📖 𝙉𝙚𝙬 𝙋𝙪𝙗𝙡𝙞𝙘 𝙖𝙣𝙙 𝘼𝙙𝙢𝙞𝙣𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙫𝙚 𝙇𝙖𝙬 𝙗𝙡𝙤𝙜 📖 𝗔𝗿𝘁𝗶𝗰𝗹𝗲 𝟯 𝗦𝘆𝘀𝘁𝗲𝗺𝘀 𝗮𝗻𝗱 𝗜𝗻𝘃𝗲𝘀𝘁𝗶𝗴𝗮𝘁𝗼𝗿𝘆 𝗗𝘂𝘁𝗶𝗲𝘀: 𝗥𝗲𝗰𝗲𝗻𝘁 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁𝘀 For #humanrightsday Alex Goodman KC reviews key developments in the case law of article 3 of the European Convention on Human Rights, including recent domestic applications in the context of the “no recourse to public funds” policy, migrant accommodation and immigration detention. . . . This blog was written by Alex Goodman KC. To read the full blog post on our website, please visit the following link: https://bit.ly/49yimk6 To subscribe to our Public and Administrative Law Insight to receive blog posts sent straight to your inbox, visit our website - https://bit.ly/3SUxNLz #PublicAndAdministrativeLawBlog #Blog #humanrightsday

𝗪𝗲𝗯𝗶𝗻𝗮𝗿 - 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗟𝗮𝘄 𝗡𝘂𝘁𝘀 & 𝗕𝗼𝗹𝘁𝘀, 𝗣𝗮𝗿𝘁 𝟯 - 𝗣𝗼𝘀𝘀𝗲𝘀𝘀𝗶𝗼𝗻 𝗰𝗹𝗮𝗶𝗺𝘀 The third webinar of our Property Law Nuts and Bolts series will take place on Tuesday 21 January, 2024, 5pm - 6.30pm. This event is free to attend and will take place online (via Zoom). These webinars are designed to introduce key topics that are likely to crop up for property litigators. The talks will provide an overview of the legal and procedural landscape with plenty of time for delegates to ask questions at the end. Programme: • Welcome and Introduction – Miriam Seitler • An overview of the procedure under CPR Part 55 – Sophie Gibson • Possession claims by receivers – Katherine (Kate) T. • Enforcement issues – Miriam Seitler • Questions and discussion To find out more and register for this event, please follow the link - https://bit.ly/3D4Fsm6

📖 𝙉𝙚𝙬 𝙋𝙪𝙗𝙡𝙞𝙘 𝙖𝙣𝙙 𝘼𝙙𝙢𝙞𝙣𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙫𝙚 𝙇𝙖𝙬 𝙗𝙡𝙤𝙜 📖 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗿𝘂𝗹𝗲𝘀 𝗼𝗻 𝘁𝗵𝗲 𝘀𝗰𝗼𝗽𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗽𝗼𝘄𝗲𝗿 𝘁𝗼 𝘀𝘂𝘀𝗽𝗲𝗻𝗱 𝗮 𝗽𝘂𝗯𝗹𝗶𝗰 𝗶𝗻𝗾𝘂𝗶𝗿𝘆 In this article, Fiona Scolding KC and Claudia Hyde consider the Supreme Court’s recent judgment in Re JR222's Application for Judicial Review, the first case to consider the scope of the power of a minister to suspend a statutory public inquiry. . . . This blog was written by Fiona Scolding KC and Claudia Hyde. To read the full blog post on our website, please visit the following link: https://bit.ly/4g4cxxi To subscribe to our Public and Administrative Law Insight to receive blog posts sent straight to your inbox, visit our website - https://bit.ly/3SUxNLz #PublicAndAdministrativeLawBlog #Blog

𝗦𝗲𝗰𝗿𝗲𝘁𝗮𝗿𝘆 𝗼𝗳 𝗦𝘁𝗮𝘁𝗲 𝗮𝗽𝗽𝗿𝗼𝘃𝗲𝘀 𝗿𝗲𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁 𝗼𝗳 𝗢𝘅𝗳𝗼𝗿𝗱 𝗦𝘁𝗿𝗲𝗲𝘁 𝗠𝗮𝗿𝗸𝘀 & 𝗦𝗽𝗲𝗻𝗰𝗲𝗿 𝗳𝗼𝗹𝗹𝗼𝘄𝗶𝗻𝗴 𝗿𝗲𝗰𝗼𝗻𝘀𝗶𝗱𝗲𝗿𝗮𝘁𝗶𝗼𝗻 𝗮𝗳𝘁𝗲𝗿 𝗾𝘂𝗮𝘀𝗵𝗶𝗻𝗴 𝗼𝗳 𝗽𝗿𝗲𝘃𝗶𝗼𝘂𝘀 𝗿𝗲𝗳𝘂𝘀𝗮𝗹 On 5th December 2024 The Secretary of State the Rt Honourable Angela Rayner accepted the recommendation of her Inspector David Nicholson RIBA IHBC and following a Reg 19 process decided to grant planning permission for the demolition and redevelopment of the Marks and Spencer store in Oxford Street London, England. Russell Harris KC and Heather Sargent appeared for the Applicant Marks & Spencer instructed by Roy Pinnock, Melanie Blanchard and Megan Forbes at Dentons. Matthew Fraser appeared for the Rule 6(6) Party Save Britains Heritage instructed by Claire Saffer at planet law. 🔗 For more information, please follow the link - https://bit.ly/3ZpUGtE #Planninglaw #planninginquiry

📖 𝑵𝒆𝒘 𝑯𝒆𝒂𝒍𝒕𝒉 𝒂𝒏𝒅 𝑺𝒐𝒄𝒊𝒂𝒍 𝑪𝒂𝒓𝒆 𝑳𝒂𝒘 𝑩𝒍𝒐𝒈 📖 𝗖𝗼𝘂𝗿𝘁 𝗿𝘂𝗹𝗲𝘀 𝘁𝗵𝗮𝘁 𝘀𝘂𝘀𝗽𝗲𝗻𝘀𝗶𝗼𝗻 𝗼𝗳 𝗮 𝘀𝗰𝗵𝗼𝗼𝗹 𝘁𝗲𝗮𝗰𝗵𝗲𝗿, 𝘄𝗵𝗼 𝗿𝗲𝗽𝗲𝗮𝘁𝗲𝗱𝗹𝘆 𝗺𝗶𝘀𝗴𝗲𝗻𝗱𝗲𝗿𝗲𝗱 𝗮 𝗽𝘂𝗽𝗶𝗹, 𝗱𝗶𝗱 𝗻𝗼𝘁 𝗯𝗿𝗲𝗮𝗰𝗵 𝗵𝗶𝘀 𝗿𝗶𝗴𝗵𝘁 𝘁𝗼 𝗳𝗿𝗲𝗲𝗱𝗼𝗺 𝗼𝗳 𝗲𝘅𝗽𝗿𝗲𝘀𝘀𝗶𝗼𝗻 𝗼𝗿 𝗿𝗲𝗹𝗶𝗴𝗶𝗼𝗻 Sutcliffe v Secretary of State for Education [2024] EWHC 1878 (Admin) involved a failed Article 9 and 10 ECHR challenge by a suspended school teacher who refused to address a pupil by their preferred pronoun and “outed” the pupil as trans on national television. The court held that the right to freedom of expression and religion were qualified rights i.e. they could be restricted to pursue the legitimate aim to protect the pupil, and that the restriction was prescribed by law but only applied to his role as a teacher and not his life away from work. . . . This article was written by Joe Thomas. To read the full blog post on our website, please visit the following link: https://bit.ly/4ikAstX To subscribe to our Health and Social Care Insight and get the blog posts sent straight to your inbox, visit our website - https://bit.ly/3SUxNLz

📖  𝑵𝒆𝒘 𝑯𝒆𝒂𝒍𝒕𝒉 𝒂𝒏𝒅 𝑺𝒐𝒄𝒊𝒂𝒍 𝑪𝒂𝒓𝒆 𝑳𝒂𝒘 𝑩𝒍𝒐𝒈 📖 𝗖𝗼𝘂𝗻𝗰𝗶𝗹 𝗻𝗼𝘁 𝗶𝗻 𝗯𝗿𝗲𝗮𝗰𝗵 𝗼𝗳 𝗶𝘁𝘀 𝗽𝘂𝗯𝗹𝗶𝗰 𝘀𝗲𝗰𝘁𝗼𝗿 𝗲𝗾𝘂𝗮𝗹𝗶𝘁𝘆 𝗱𝘂𝘁𝘆 𝗳𝗼𝗿 𝗶𝘁𝘀 𝗳𝗮𝗶𝗹𝘂𝗿𝗲 𝘁𝗼 𝗳𝘂𝗹𝗹𝘆 𝗮𝗱𝗱𝗿𝗲𝘀𝘀 𝗻𝘂𝗶𝘀𝗮𝗻𝗰𝗲 𝗰𝗼𝗺𝗽𝗹𝗮𝗶𝗻𝘁𝘀 𝗯𝘆 𝗮 𝗱𝗶𝘀𝗮𝗯𝗹𝗲𝗱 𝘁𝗲𝗻𝗮𝗻𝘁 Rex (FG) v Kensington and Chelsea Royal London Borough Council [2024] EWHC 780 (Admin) concerned a challenge by a disabled tenant to the Council’s failure to eliminate the smell emanating from their flat and the noise originating from the flat above. The High Court ruled that the challenge under the Equality Act 2010 failed as the Council was not just exercising a singular function of providing accommodation service to the public, and refused to impose an anticipatory duty on the Council as it could not be reasonably expected to anticipate the adjustments required in the Claimant’s specific case. . . . This blog was written by Claudia Hyde. To read the full blog post on our website, please visit the following link: https://bit.ly/3CZM6dr To subscribe to our Health and Social Care Insight and get the blog posts sent straight to your inbox, visit our website - https://bit.ly/3SUxNLz #HealthandSocialCareLaw #Blog

𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗚𝗿𝗮𝗻𝘁𝘀 𝗦𝗵𝗲𝗹𝗹 𝗙𝗶𝗻𝗮𝗹 𝗜𝗻𝗷𝘂𝗻𝗰𝘁𝗶𝗼𝗻𝘀 On 5 December 2024, Myriam Stacey KC and Joel Semakula successfully obtained final injunctions in three separate claims on behalf of Shell in the High Court. The judgment considers the applicability and legal relevance of the unincorporated Aarhus Convention for the first time in these direct action environmental cases. It also contains fresh consideration of the rapid evolution of the law around protests, assesses the legal and evidential relevance of specific justifications advanced by defendants and the interference with ECHR Convention rights. For more information, including access to the judgment and press coverage, please follow the link - https://bit.ly/3Zo1gRd

𝗦𝗲𝗰𝗿𝗲𝘁𝗮𝗿𝘆 𝗼𝗳 𝗦𝘁𝗮𝘁𝗲 𝗴𝗿𝗮𝗻𝘁𝘀 𝗽𝗲𝗿𝗺𝗶𝘀𝘀𝗶𝗼𝗻 𝗳𝗼𝗿 𝗻𝗲𝘄 𝗽𝗿𝗶𝘀𝗼𝗻 𝗶𝗻 𝘁𝗵𝗲 𝗚𝗿𝗲𝗲𝗻 𝗕𝗲𝗹𝘁 In an appeal recovered for the Secretary of State’s determination, permission has been granted for a new prison housing around 1,700 inmates in the Green Belt in Lancashire. The decision was made by Matthew Pennycook MP, Minister of State for Housing and Planning on behalf of the Rt Hon Angela Raynor MP, contrary to the Inspector’s recommendation. This decision followed an initial public inquiry in July 2022 and a re-opened public inquiry in March and April 2024. The Secretary of State referred to the increasing prison population and found that there is an “obvious need to update existing prison facilities and to provide the right prisons in the right locations.” She gave significant weight to the benefits of the development, particularly the benefits associated with a modern prison, and found that these “clearly outweighed” the harms, including harm to the Green Belt, highway safety harm and the lack of a sequential flood test. As such she concluded that “very special circumstances exist which justify approval, and that thus material considerations justify a decision other than in line with the development plan.” Jenny Wigley KC and Anjoli Foster acted for the successful Appellant, the Ministry of Justice UK, throughout both inquiries. 🔗 For more information, please follow this link - https://bit.ly/4gnmwxA #Greenbelt

𝗠𝗼𝗱𝗲𝗹 𝗖𝗹𝗮𝘂𝘀𝗲𝘀 𝘁𝗼 𝗕𝗿𝗶𝗱𝗴𝗲 𝘁𝗵𝗲 𝗥𝗲𝗴𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗚𝗮𝗽 This post was written by Nic Taggart “No plan survives first contact with the enemy” is something once written (albeit in German) by Field Marshall Helmuth von Moltke. He wasn’t writing about land registration, but he might as well have been. One of the objectives of the Land Registration Act 2002 was to make the transfer of registered land so slick and seamless that transactions could be completed and electronically registered almost in real time. It practice ...erm... it hasn’t exactly gone according to plan. . . . Nic Taggart was invited to join the Working Group by Warren Gordon of CMS. To read the full news post, please follow this link - https://bit.ly/41iXtqV #PropertyLaw #LandRegistration

📖 𝟰𝟳 - 𝗛𝗔𝗩𝗘 𝗜𝗡𝗙𝗥𝗔𝗦𝗧𝗥𝗨𝗖𝗧𝗨𝗥𝗘 𝗖𝗛𝗔𝗟𝗟𝗘𝗡𝗚𝗘𝗦 𝗚𝗢𝗡𝗘 𝗧𝗢𝗢 𝗙𝗔𝗥? 𝗔 𝗗𝗘𝗕𝗔𝗧𝗘 ...📖 Below is a snippet of the latest Aarhus blog post published today, Wednesday 4 December 2024. . . . . . . . Authors – James Maurici K.C. and Alex Shattock 𝗛𝗔𝗩𝗘 𝗜𝗡𝗙𝗥𝗔𝗦𝗧𝗥𝗨𝗖𝗧𝗨𝗥𝗘 𝗖𝗛𝗔𝗟𝗟𝗘𝗡𝗚𝗘𝗦 𝗚𝗢𝗡𝗘 𝗧𝗢𝗢 𝗙𝗔𝗥? 𝗔 𝗗𝗘𝗕𝗔𝗧𝗘 ... Against - Alex Shattock Infrastructure. We all need it. But not all of us want it. And in a world where judicial review is available, some of us are prepared to challenge new infrastructure in court. Indeed, infrastructure challenges are on the rise. This begs the question: have infrastructure challenges, like science, gone too far? . . . . For – James Maurici KC As Alex seems to accept no one can deny there is a need for lots of new and additional infrastructure in the UK. Quite literally in fact this is so if there is an NPS in place under the 2008 Act that established there is a need. But whatever the level of need some people don’t want the infrastructure. Either because they don’t believe there should in fact be more of that type of infrastructure (e.g. roads) because of its environmental impacts or because they do believe in it, but they don’t want it in their backyards. Yes I am already discussing NIMBYs. Or they might even be BANANAs (“build absolutely nothing anywhere near anything"”). I have only just come across this phrase and I love it. . . . . To read the full blog post on our website, please follow this link - https://bit.ly/3CWaCMp . . . . . . . For those that missed the announcement, Landmark Chambers Aarhus blog publishes a new blog post every fortnight which includes topics such as: updates on domestic cases on Aarhus and cases before the Aarhus Compliance Committee, CJEU case-law, similar conventions to Aarhus (e.g. the Escazú Agreement), guides to the main Articles of the Convention and the ways in which Aarhus influenced domestic law. To subscribe to the Aarhus blog and to receive the blog posts directly to your inbox, please follow this link - https://bit.ly/3y2ub00 #EnvironmentalLaw #InternationalLaw #PlanningLaw #Aarhus