header-logo header-logo

Mind how you go

04 June 2009 / Nicholas Dobson
Issue: 7372 / Categories: Features , Judicial review , Public
printer mail-detail

Dr Nicholas Dobson treads carefully on the issue of trespass, standards & public interest

How far can a councillor go to promote his own perception of the public interest? Does this extend to trespassing onto another's land, filming proprietor and premises and then placing the film on the Internet? No, according to Mr Justice Charles in the Administrative Court in February who, on the facts, upheld a decision of the Adjudication Panel Appeal Tribunal that the councillor's behaviour breached the Code of Conduct (the Code) whilst remitting the issue of sanction to a differently constituted Appeals Tribunal (R (Mullaney) v The Adjudication Panel for England [2009] EWHC 72 (Admin), [2009] All ER (D) 102 (Feb)).

Mr Sfadar Zaman, a member of the public, alleged that the claimant (Councillor Martin Mullaney, a Birmingham City councillor) trespassed on his land and a building owned by Mr Zaman, filmed him and the building and then made the film available on the Internet.

The claimant and a fellow councillor (Ernie Hendricks) had been concerned about the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll