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14 April 2021 / Nicholas Dobson
Issue: 7928 / Categories: Features , Public , Local government , Covid-19
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Consultations: cutting COVID corners

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The urgency of COVID-19 does not provide a licence to short-change essential public law principles, says Nicholas Dobson
  • The Court of Appeal ruled that the Secretary of State for Education acted unlawfully in not consulting the Children’s Commissioner and other material bodies before making significant temporary changes to ten statutory instruments governing the children’s social care system.

The verb consult has various shades of meaning including to seek advice from and to discuss. So, when Lewis Carroll’s Alice became stranded in a pool of her own tears, along with creatures including a mouse, an unextinct dodo and an eaglet, they decided to have ‘a consultation’ on how to get dry. Their solution was obviously to endure a particularly dry (in the sense of dull and boring) history lecture by the mouse.

But consult also means to seek the views of others. So before taking important family decisions, we are likely to consult (in the sense of establish the views of) those particularly affected. However, while these individuals would

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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