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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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