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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll