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Judicial review

07 February 2014
Issue: 7593 / Categories: Case law , Law digest
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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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One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
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Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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