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Bloomsburry Family law


Charity law update

Douglas G Cracknell examines: human rights; sport; Finance Act 2000; VAT concessions; charitable bank; hedge funds; commercial partners; registered social landlords; SORP review; financial reserves; annual report; and finding trustees

Westminster City Council v National Asylum Support Service [2002] UKHL 38

Public and Administrative Law - Judicial Review - Housing - Council assessed community care needs of asylum seeker who was infirm - Council and not National Asylum Support Service had to pay for providing accommodation - Asylum seeker who was not able-bodied came within National Assistance Act 1948, s 21(1)(a) and was not excluded by s 21(1A) - Existence of duty under s 21 excluded infirm asylum seeker from consideration for asylum support under Immigration and Asylum Act 1999, Pt VI

R (Kides) v South Cambridgeshire DC [2002] EWCA Civ 1370

Planning Law - Extent of duty on local planning authority dealing with planning application to have regard to all material considerations - Council resolved to grant permission in principle in 1995 subject to s 106 agreement - Agreement concluded in 2000 and decision notice issued - Appellant challenged decision on grounds of failure to consider material change in circumstances - Authority discharged duty where it considered material considerations with application in mind even though it did not formally reconsider application - Decision following formal reconsideration would have been same - Appellant could rely on argument relating to affordable housing in which she had no personal interest - Town and Country Planning Act 1990, ss 70(2), 106

Thames Water Utilities Ltd v Hampstead Homes (London) Ltd

Conversion of two office blocks with existing water and sewage facilities into new flats - Developer disputed connection charge in respect of water and sewage facilities - Utility company entitled to levy charge on flats as new premises not previously connected to water supply - Definition of premises depended on factual context - Flats constituted new premises which would put additional strain on existing water and sewage facilities and therefore not previously connected - Water Industry Act 1991, ss 41, 54, 64, 142, 146