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13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
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Education

R (on the application of NR) v Local Government Ombudsman [2013] EWHC 1335 (Admin), [2013] All ER (D) 18 (Jun)

The general principle underpinning remedies for a breach by a local authority of its education duty was that the remedy needed to be appropriate and proportionate to the injustice. The remedy should, as far as was possible, put the complainant in the position he or she would have been in but for the maladministration. Where loss of education because no suitable alternative provision had been made, one approach might be to ask what it would have cost the authority to make the appropriate provision but that was only one factor to be taken into account and not a formula to be automatically applied.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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