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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll