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14 July 2017 / Nicholas Dobson
Issue: 7754 / Categories: Features , Local government , Public
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Making a stand

Should councillors have standing to challenge a procurement decision of their authority? Nicholas Dobson traces the arguments on both sides

  • Councillors had no standing to challenge a procurement decision of their authority since: (i) they could not establish that a competitive tendering exercise would produce a different outcome and; (ii) they were unable to establish any direct impact upon them which would arise from such an exercise.

For many people standing will mean only how they must endure their twice daily rail commute. But for lawyers the term (known in less demotic times as locus standi ) refers to the fact that to apply for judicial review, prospective claimants must satisfy the court that they have ‘sufficient interest in the matter to which the application relates’ (s 31(3) of the Senior Courts Act 1981).

So would local authority councillors wishing to challenge a procurement decision in their authority have standing? Surprisingly (in the view of many), no. Such was the decision of Dove J on 9 March 2017 in Wylde and others v Waverley B

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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