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04 September 2009 / Krishnendu Mukherjee
Issue: 7383 / Categories: Features , Local government , Public , Constitutional law
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Blurred boundaries

Is Public Law still public? asks Krishnendu Mukherjee

 

At a time when the government has heavily invested in the private sector, while at the same time disinvesting itself of many of its governmental functions, the public/private distinction has become increasingly blurred. This changing environment is providing lawyers with opportunities to explore the limits of the public law in previously untested ways.

Traditionally public law is understood as the law governing the public acts of the state or government, which have a wider public effect, as opposed to merely affecting a private individual. Consequently, the administrative actions of such public authorities are amenable to legal control through judicial review. However, recent legal challenges indicate that this established view of public law is being undermined through an attempt to re-define what bodies and which actions may be challenged.
 

Examination
 

The case of London and Quadrant Housing Trust v R on the application of Weaver [2009] EWCA Civ 587 examined both these questions. Susan Weaver was an assured tenant of London and Quadrant

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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