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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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