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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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