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27 June 2013 / Nicholas Dobson
Issue: 7566 / Categories: Features , Public
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Time’s winged chariot

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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

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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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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