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31 July 2009 / James Pike , Naomi Greenwood
Issue: 7380 / Categories: Features , Local government , Public
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Fit to work?

Prevention is better than cure say James Pike & Naomi Greenwood

Cheltenham Borough Council has lost it £1m claim against its former managing director, Christine Laird, and have confirmed they will not appeal the decision (see Cheltenham Borough Council v Christine Laird [2009] EWHC 1253 (QB), [2009] All ER (D) 188 (Jun)). This news brings to an end a long-running saga that has come at considerable cost. For tax payers in Cheltenham this equates to approximately £750,000 in legal costs (both the council’s and a proportion of Mrs Laird’s).

In the aftermath of the High Court’s judgment we explore how this situation arose and what steps the council could have taken to prevent it.

Mrs Laird was appointed as managing director of this Conservative-controlled council in 2002. However, within four months the Liberal Democrats had taken over and the relationship between Mrs Laird and the new leader, Andrew McKinlay, became increasingly strained.

The fallout was very public and Mrs Laird issued a claim alleging harassment and seeking an injunction preventing Cllr

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

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Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

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Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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