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23 November 2012
Issue: 7539 / Categories: Case law , Law digest , In Court
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Judicial review

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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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