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Local authorities

15 March 2012
Issue: 7505 / Categories: Case law , Law digest , In Court
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R (on the application of NM) v Islington London Borough Council [2012] EWHC 414 (Admin), [2012] All ER (D) 35 (Mar)

Parliament could not have intended to create an obligation of assessment in relation to a very wide class of cases of future provision of services, since doing so would create a serious risk of scarce resources available to local authorities for community care being wasted through assessments being carried out for no ultimate good purpose.

In interpreting the intended ambit of the class of cases of future provision covered by s 47(1) of the National Health Service and Community Care Act 1990, it was necessary to bear in mind that the relevant condition set out in the opening part of the provision was expressed in the present tense, so it was reasonable to suppose that Parliament intended the relevant extension to cover future cases on pragmatic grounds to be narrow. The future cases intended to be covered were those which were closely analogous to those where there was a (possible) present need for provision of community

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The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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