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07 February 2014
Issue: 7593 / Categories: Case law , Law digest
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Judicial review

Trafford v Blackpool Borough Council [2014] EWHC 85 (Admin), [2014] All ER (D) 183 (Jan)

It was established principle that in a case involving a challenge to a decision of a public body in relation to a contract, it was necessary to consider: (i) whether or not, and if so to what extent, the public body was exercising a public function in making the decision complained of; and (ii) whether, and if so to what extent, the grounds of challenge involved genuine and substantial public law challenges to the decision complained of, or whether, and if so to what extent, they were in reality private law challenges to decisions made under and by reference to the terms of the relevant contract. Further, in a case involving a challenge to a decision of a public body acting under a statutory power but in relation to a contract and in the absence of a substantial public function element, a claimant would nonetheless normally be entitled to raise genuine and substantial challenges based on fraud, corruption, bad faith and improper motive.

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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