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17 May 2012 / Nicholas Dobson
Issue: 7514 / Categories:
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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

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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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