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Consultations: cutting COVID corners

14 April 2021 / Nicholas Dobson
Issue: 7928 / Categories: Features , Public , Local government , Covid-19
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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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The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
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As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
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