header-logo header-logo

10 March 2011 / Francesca Richmond
Issue: 7456 / Categories: Features , Judicial review , Public
printer mail-detail

Fortune favours the brave

Francesca Richmond reports on local authorities successfully challenging government cuts to the school building budget

The High Court judgment handed down last month in R (Luton Borough Council and Nottingham City Council and others) v the Secretary of State for Education [2011] EWHC 217 (Admin), [2011] All ER (D) 133 (Feb) demonstrates the importance of determining whether consultation is appropriate and necessary before taking a decision that may affect specific stakeholders—even if there has been no promise or established practice of consultation and the decision itself is driven by high level political considerations.

Although the court did not identify irrationality on the part of the secretary of state in this case or substantive legitimate expectations owed to the claimants, it did find, given the way in which they had been treated, that the claimants had a legitimate expectation of consultation before such a change was made to government policy. Most interestingly, given the broad swathe of budget cuts proposed by the government that are likely to affect all areas of public life,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll