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The Subsidy Control Act 2022 (the “Act”) introduced a new concept of minimal financial assistance (“MFA”), whereby public authorities can award low value subsidies without having to comply with the stringent requirements of the Act. As such, the MFA regime represents an attractive route for public authorities to award grant funding without performing the usual…

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Introduction Since their introduction in 2016, cost capping orders (“CCOs”) have become an established feature of ‘public interest’ judicial review litigation. Invariably, in non-environmental judicial review claims, campaigning groups will seek a CCO as way of limiting a claimant’s potential cost liability to the other parties (principally the defendant) in the dispute.  In R (All-Party…

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In a major blow to the Government, new regulations which permitted employers to use agency workers to replace those on strike, has been found to be unlawful and so has been quashed, removing it from the statute books. In the case of R (on the application of ASLEF and  Ors) v the Secretary of State…

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Persimmon Homes had appealed against a High Court decision which found that an inspector’s grant of planning permission for a 475-dwelling development within The South Downs National Park was unlawful. The Court of Appeal examined whether the inspector erred in considering local and national planning policy. Contrary to the High Court, the Court found the…

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In the case of Waltham Forest LBC v Hussain [2023] EWCA Civ 733, the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a ‘rehearing’, the FTT must consider whether the authority’s decision was wrong by reference to…

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