header-logo header-logo

17 May 2012 / Nicholas Dobson
Issue: 7514 / Categories:
printer mail-detail

Taking a view

Nicholas Dobson examines the fight against predetermination in local government

It seems that “they” (whoever they are) are a fount of great wisdom. For it is “they” who warn us that “if it ain’t broke, don’t fix it”. But “they” at the same time caution that “perception is reality”. However, what if something is perceived to be broke—perhaps because it once was—but is no longer?

Section 25 of the Localism Act 2011 (LA 2011) illustrates this point. For this (“prior indications of view on a matter not to amount to predetermination etc”) was enacted to deal with an issue which had much exercised local authority councillors. Many claimed their lawyers were stopping them speaking out on issues on which they felt passionately, lest subsequent decisions on these matters in which they took part were challenged for bias or predetermination.

Bias & predetermination

So what’s this all about? The law in this area is a branch of the public law duty to act fairly, which developed from the rules of natural justice. These require courts

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll