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27 September 2018 / Nicholas Dobson
Issue: 7810 / Categories: Features , Public , Housing
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Out for consultation: why our views matter

Nicholas Dobson explains why the government was wrong to reduce Housing Possession Duty Schemes without proper consultation

  • The Lord Chancellor acted unlawfully in deciding to reduce the number of Housing Possession Court Duty Schemes without sufficient evidence and in breach of the public sector equality duty.

At first glance, consultation seems straightforward enough. In the public law context, this essentially suggests fairly sounding out those likely to be affected by potential proposals at the outset, so that their views can be taken properly into account before anything is taken forward. But what looks like easy terrain can often turn out to be a quagmire for public authorities.

What have become known as the Gunning principles of consultation (from R v Brent London Borough Council, ex parte Gunning , [1985] 84 LGR 168) have been endorsed as a ‘prescription for fairness’. These are that:

  • consultation must be at a time when proposals are still at a formative stage;
  • the proposer must give sufficient reasons for any proposal to permit of intelligent
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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