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03 February 2012 / Nicholas Dobson
Issue: 7499 / Categories: Features , Local government , Public
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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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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