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Judicial review

23 November 2012
Issue: 7539 / Categories: Case law , Law digest , In Court
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Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439, [2012] All ER (D) 147 (Nov)

The approach of Hobhouse LJ in Credit Suisse v Allerdale Borough Council [1996] 4 All ER 129 was to be preferred to that of Neill LJ in the same case. The assimilation of the various types of public law error in Anisminic Ltd v Foreign Compensation Commission [1969] 1 All ER 208 had not had the effect of imposing a rule which extended inexorably to public law error as a defence to a private law claim. It would be highly undesirable if, years after time expired for the making of a prompt public law challenge by a person with a sufficient interest, the fact of an historic breach of fiduciary duty should inevitably lead to the defeat of a private law claim brought by a party who acted throughout in good faith. Breach of duty, fiduciary or otherwise, might be a defence depending on the circumstances.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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