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15 March 2012
Issue: 7505 / Categories: Case law , Law digest , In Court
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Local authorities

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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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