header-logo header-logo

03 February 2012 / Nicholas Dobson
Issue: 7499 / Categories: Features , Local government , Public
printer mail-detail

On borrowed time?

Is the fairytale over for Brent Libraries, asks Nicholas Dobson

Litigation rarely produces a happy outcome for all concerned. And the contention surrounding proposed library closures in Brent is no exception. For, following the dismissal by Ouseley J on 13 October 2011 of challenges to the Council’s decision to close six of its 12 public libraries, the judge’s decision was on 19 December 2011 upheld by the Court of Appeal (R (Bailey & others) v London Borough of Brent Council and another [2011] EWCA Civ 1586, [2011] All ER (D) 193 (Dec)—Pill, Davis and Richards LJJ).

But although Davis LJ, in dismissing the appellants’ appeal, referred to the judge’s “most careful and thorough review of all the points advanced”, the appellants were considerably less impressed, intimating a potential appeal to the Supreme Court.

The statutory and factual background was briefly summarised in my NLJ article of 25 November 2011 (see 161 NLJ 7491, p 1624). The case in particular surrounded the public sector equality duty in s 149 of the Equality Act

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll