Keeping an open mind

There are many legal snares for the explorer in the local government jungle. Sometimes too much singleminded enthusiasm can blind the unwary to these perils and drop them painfully into an elephant trap. Such may have been the situation when a controversial planning decision by Redcar and Cleveland Borough Council taken during the elections purdah period was quashed by Mr Justice Jackson on 20 December 2007 for apparent bias or apparent predetermination (see R (Lewis) v Redcar and Cleveland Borough Council and Persimmon Homes [2007] EWHC 3166 (Admin)). The case includes a thoughtful analysis of the law surrounding bias and predetermination that helpfully draws together (and even reconciles) existing diverse strands. It is also timely, given the forthcoming elections on 1 May 2008 which affect the Greater London Authority and various other authorities. We are also given a more penetrating profile of the mysterious, complex (but increasingly ubiquitous) fair-minded and informed observer.

THE DECISION AND ITS CONTEXT