header-logo header-logo

Time’s winged chariot

27 June 2013 / Nicholas Dobson
Issue: 7566 / Categories: Features , Public
printer mail-detail
istock_000015145004medium

Do not delay in bringing judicial review proceedings, warns Nicholas Dobson

Take a large measure of public sector austerity, season generously with political philosophy and slow-cook for some years in a warm council decision oven to get a dish delicious to some, but distasteful to others. The chef in question was London Borough of Barnet. For on 6 December 2012 the council decided to implement a long-gestating policy to outsource a substantial variety of council services.

The resident claimant and others were concerned that if the council’s proposals were implemented they would “lead to a serious deterioration in the council’s services, partly...because they believe that private sector organisations cannot evince the public service ethos...so important in the delivery of the council’s service”.

However, as Underhill LJ pointed out in the Administrative Court on 29 April 2013 (R (Nash) v London Borough of Barnet [2013] EWHC 1067 (Admin); [2013] All ER (D) 60 (May)): “It is not...for the court to decide whether those fears are justified. The decisions can only be challenged on

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll