Cornerstone Barristers

This Practice Note explains the how communications data can be lawfully obtained, retained and disclosed by public authorities under Part 2, Chapter 2 of the Investigatory Powers Act 2016. It explains when communications data can be acquired without an interception warrant, the authorisations required for the acquisition of communications data, the safeguards in place to ensure that these powers are used appropriately and the offence of unauthorised disclosure of communications data.

This Practice Note provides an introduction to the Human Rights Act 1998 (HRA 1998), which stems from the European Convention on Human Rights (ECHR). It sets out the human rights which HRA 1998 protects and explains how English law must be interpreted as a result of the introduction of HRA 1998. It explains how courts can declare English legislation incompatible with the principles of the ECHR and the judicial remedies which the courts have available to them.

The European Convention on Human Rights (ECHR) sets out the fundamental rights and freedoms which contracting parties are required to respect. This Practice Note summarises the main Convention rights and the case law interpreting them.

This Practice Note examines compatibility of legislation with the Convention rights under the Human Rights Act 1998. It outlines the parliamentary procedure to make statements during the early stages of the legislative process to the effect that proposed legislation is compatible with Convention rights. It also considers sections 3 and 4 of the Human Rights Act 1998, which respectively concern the duty to interpret legislation compatibly with Convention rights and the courts’ power to declare a legislative provision incompatible with Convention rights. It also includes a tracker of declarations of incompatibility.

This Practice Note examines the general routes to a judgment that a public authority has acted compatibly with Convention rights, and not violated the European Convention on Human Rights (ECHR). These include derogations, reservations and matters within a state’s margin of appreciation. It also briefly considers the limits on restrictions which ECHR contracting states can place on Convention rights.

Human rights protected under the European Convention on Human Rights (ECHR), ie Convention rights, can be broadly divided into three groups: absolute, qualified and limited. This Practice Note identifies what qualified Convention rights are, and examines the conditions that are necessary for an interference with qualified Convention rights to be permitted under the ECHR.

This Practice Note considers the principles and procedure for the issuing of protective costs orders (PCOs) in public law proceedings and judicial review costs capping orders (JRCCOs), which replaced PCOs for judicial review claims in 2016. It also explains the rules on costs for interveners in judicial review proceedings.

Where a local housing authority in Wales believes that a person is homeless or may be threatened with homelessness, it has a duty to make inquiries into their eligibility for homelessness assistance and into what housing duty (if any) is owed to them under the Housing (Wales) Act 2014 (H(W)A 2014). This Practice Note considers the definitions of the terms 'homeless' and 'threatened with homelessness’ as set out in H(W)A 2014, s 55.

This Practice Note covers the interim duties owed by a local housing authority (LHA) in Wales toward those presenting as homeless. It covers when interim duties occur, the need to provide immediate accommodation in certain circumstances and when the interim duty is discharged.

This Practice Note covers the interim duties that a local housing authority (LHA) has to provide accommodation to a homeless applicant pending completion of its initial enquiries into the applicant’s circumstances pursuant to section 188 of the Housing Act 1996 (HA 1996). It also covers the power to accommodate pending an HA 1996, s 202 review and HA 1996, s 204 appeal of an unfavourable decision for the applicant.

This Practice Note provides guidance on the concept of ‘local connection’ as set out in section 199 of the Housing Act 1996 (HA 1996). This concept is used to assist a local housing authority (LHA) when dealing with housing applications, as it permits LHAs to make referrals to other LHAs where a housing applicant lacks a local connection to the referring LHA. It covers the circumstances where a referral can be made, the bases upon which a local connection can be established, the date when local connection is established and the mechanisms for resolving disputes between LHAs as to local connection.

This Practice Note covers the concept of suitability of accommodation in the context of Homelessness. It sets out guidance upon the standards applicable to accommodation offered by a local housing authority in discharge of its housing duty under Part VII of the Housing Act 1996 (HA 1996), including the question of how suitability is assessed, factors to be assessed, the impact of the public sector equality duty and tenure.

This Practice Note considers the definitions of the terms ‘homeless’ and ‘threatened with homelessness’ as set out in section 175 of the Housing Act 1996 (HA 1996). Where a local housing authority (LHA) believes that a person is homeless or may be threatened with homelessness, it has a duty to make inquiries into their eligibility for homelessness assistance and into what housing duty (if any) is owed to them under HA 1996.

This Practice Note covers the law and guidance on the homelessness review and appeals procedure which applies once a local housing authority has reached a decision under section 184 of the Housing Act 1996 (HA 1996) regarding the duty it owes to a homeless applicant. This includes a summary of the decisions which can be reviewed, how that review takes place, the time limits for requesting review and guidance upon the appeals procedure which applies in respect of reviewable decisions.

This Practice Note outlines the main principles of statutory interpretation relevant to the protection of human rights in UK law, examining the relevant case law and principles, so that lawyers can take them into account when advising, and legislative drafters can ensure new legislation is drafted in accordance with these principles.

This Practice Note explains the power to obtain communication data by interception warrant under Part 2, Chapter 1 of the Investigatory Powers Act 2016 (IPA 2016). It explains the offence of unlawful interception of communications data under IPA 2016, s 3 which includes phone tapping or phone hacking) and explores what constitutes ‘lawful authority’ for the purposes of intercepting communications data. This Practice Note also explains the procedure for obtaining an interception warrant, a mutual assistance warrant or a bulk interception warrant and how intercepted communications can be used in legal proceedings.

This Practice Note considers the doctrines of judicial deference and the margin of appreciation in the context of human rights law. Judicial deference (the weight given to the views of Parliament and executive as to proportionality of the interference), and the margin of appreciation (the leeway enjoyed by States to evaluate local needs and conditions impacting on implementing human rights), assist in determining whether a decision on point in a case constitutes a proportionate interference with one or more Convention rights within the competence of the legislature or executive.

This archived Practice Note discusses the requirement in the National Planning Policy Framework (NPPF) as first published in 2012 for local planning authorities to plan to meet full, objectively assessed needs (OAN) for market and affordable housing in their areas. It covers: the policy background as contained in the now replaced 2012 version of the NPPF, the approach in the courts, sanctions, the approach to deriving OAN in the now replaced 2012 version of the NPPF, the role of affordable housing, backlogs and shortfalls, persistent under-delivery and the buffers, supply and lapses, and the position where a recent neighbourhood plan is in place. The approach to housing need as it currently applies is covered in a separate Practice Note.

This Practice Note discusses the requirement in the National Planning Policy Framework for local planning authorities to plan to meet their local housing need. It covers: the policy background, the approach in the courts, sanctions, the approach to deriving housing need, the role of affordable housing, backlogs and shortfalls, buffers, supply and lapses, and the position where a recent neighbourhood plan is in place.

Under the Human Rights Act 1998 (HRA 1998) public authorities are required act in a way that is compatible with Convention rights. Whether a body is a public authority for the purposes of the HRA 1998 can be determined on whether they are a core or non-core public authority. This Practice Note outlines the case law for both core and non-core public authorities and circumstances to take into account.