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24 April 2008 / Nicholas Dobson
Issue: 7318 / Categories: Features , Public , Legal services , Procedure & practice
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Be reasonable!

Nicholas Dobson examines the courts' approach to rationality and public authority decision making

The concept of reasonableness (or the proper and rational exercise of public law discretion) is hard-wired into the operating systems of all public authority lawyers. And recent case law has illustrated how this principle—highlighted in the dark autumn days of 1947 in a famous cinema licensing case—has contemporary resonance (see Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, [1947] 2 All ER 680). Both the former secretary of state for work and pensions and the mayor of were recently found to have fallen down the unreasonableness grid when their decisions were overturned as irrational.

 

Bradley Case

On 7 February 2008 the Court of Appeal found that the decision on 16 March 2006 of the secretary of state for work and pensions to reject a finding of maladministration by the parliamentary ombudsman was irrational (see R (Bradley and others) v Secretary of State for Work and Pensions [2008] EWCA Civ 36,

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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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