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06 May 2010 / Brent Mcdonald
Issue: 7416 / Categories: Features , Public
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Do thy duty

Brent McDonald on public duties & private remedies

In Connor v Surrey County Council [2010] EWCA Civ 286 the Court of Appeal took a further look at the position where a local authority is alleged to have been negligent in failing to exercise its statutory powers, this time in the context of a “stress at work” case.

The claimant was the head teacher of a successful school. She was also a member of its governing body, with whom she had a good working relationship. In 2003 a new parent governor was appointed called Mr Martin. Mr Martin was concerned that there were insufficient links between the school (which was 90% Muslim) and the local community.

Due to the demanding, rude and intimidating behaviour of Mr Martin and his associates, the claimant became worried. She approached the defendant council for support. She said that he situation had become intolerable and that the council needed to intervene. Instead of intervening and using its powers to remove the board and appoint an interim executive board, the council

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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