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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll