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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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