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England and Wales decisions
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Upper Tribunal dismisses a transactions-in-securities appeal about whether a capital reduction by a UK limited company fell within section 685 ITA 2007.
Sentinel Estates Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2026] EWHC 1122 (Admin) (12 May 2026)
The High Court dismissed a planning enforcement appeal over an HMO use, holding the appellant could not raise a new four-year immunity argument.
Kerr v Welsh Ministers & Ors [2026] EWHC 1070 (Admin) (11 May 2026)
Statutory review of a planning inspector’s decision on a motocross development. The court held the CLEUD contained no motorcycle-number restriction and dismissed the claim.
A claim under section 82(1)(b) of the New Roads and Street Works Act 1991 arises under a provision expressed as conferring a right to compensation. Therefore, by section 96(3)(2), such claims are excluded from the mandatory arbitration regime and must be litigated in court.
Source excerpt
An operator with merely the benefit of a code agreement is a 'party to a code agreement' for the purposes of Part 5 of the Electronic Communications Code. The Code's purpose and structure support this interpretation, enabling the operator currently exercising code rights to invoke Part 5 procedures, regardless of whether the burden of the agreement has also passed. This construction best fits the statutory language and legislative intent.
Source excerpt
The Court of Appeal held that, under the Water (Meters) Regulations 1988, meter readings are evidence of water supplied unless the meter is shown by statutory testing to register incorrectly.
Section 106 of the Patents Act 1977 does not require the court to have regard to the financial position of the parties when approving costs budgets, as the costs budgeting exercise does not constitute the court determining what costs or expenses to award within the meaning of s106(1).
Source excerpt
The High Court held that the deduction from a retirement compensation lump sum under the Crombie regulations was the actual pension lump sum received, not an inflation-uprated notional amount.
The Upper Tribunal dismissed an appeal against a remediation contribution order, upholding joint and several liability and the inclusion of Type 1 Wall replacement costs.
The Court of Appeal held that section 42 of the Arbitration Act 1996 can be used to enforce peremptory tribunal orders granting anti-suit relief.
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