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27 November 2015 / Nicholas Dobson
Issue: 7678 / Categories: Features , Public
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Wednesbury in proportion

Nicholas Dobson discusses a scenario that went beyond mere reasonableness

Most actors fear being “type-cast”. In other words, being so identified with a particular character or type that the performer is continually allocated similar parts. For thespians frequently perceive their craft to lie in their chameleon-like ability to “become” different people in different productions. A vintage example is Alec Guinness in the 1949 film, Kind Hearts and Coronets . There he plays all eight members of the D’Ascoyne family (relatives of the protagonist, Louis Mazzini) who stand between Mazzini and the Dukedom of Chalfont and whom he therefore decides to “remove”.

But typecasting can also afflict the rather different world of public law. For although the seminal 1947 case of Wednesbury ( Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223, [1947] 2 All ER 680) is really an early expression of the principles for properly exercising public authority statutory discretion, in the minds of many it has unfortunately been typecast by the misleading abbreviation, “ Wednesbury reasonableness”, bringing to mind the

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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