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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll