REUTERS | Vasily Fedosenko

Although the general rule in relation to the award of costs in judicial review is, as in other proceedings, that costs follow the case, the courts traditionally exercise a considerable discretion and may take into account the conduct of the parties (CPR 44.2). In Taylor v Honiton Town Council [2017] EWHC 101, the court was required to determine costs following an application by the claimant councillor for judicial review of the town council’s decision to impose sanctions upon him for breach of its code of conduct in accordance with the statutory regime contained in the Localism Act 2011 (LA 2011). Continue reading

REUTERS | Stephane Mahe

January’s case digest includes an ECJ ruling creating a possible “third way” for public authorities to organise the delivery of public services extending beyond the existing possibilities first established by the Teckal and Hamburg in-house case law, and a High Court judgement on the award of damages that contains a detailed examination of the core principles set out in Francovich and Factortame.

Please feel free to submit a comment below or send us an Ask query if you have any views on the cases covered, or think that we have missed a case that should be brought to the attention of public procurement practitioners. Continue reading

REUTERS | Gleb Garanich

This is the latest in our series of quarterly local government update blogs, which will enable readers to catch up on the most important cases, issues or developments in local government from October 2016 to January 2017.

Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments covered or if you think we have missed something that should be brought to the attention of local government practitioners.

In this post we look at:

  • Cases of interest to local authorities.
  • Other developments of interest to local authority lawyers.

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REUTERS | Fabrizio Bensch

In a recent speech on 25 January 2017, the Information Commissioner (IC), Elizabeth Denham, reaffirmed her interest in creating a positive, statutory “Duty to Document” on public authorities in response to the challenges presented by digital technology and social media. Continue reading

REUTERS | David Mdzinarishvili

This is the latest in our series of quarterly adult social care update blogs giving readers a snapshot of the most important cases, issues or developments in adult social care. This post looks at developments from September 2016 to December 2016. Please feel free to submit a comment below or send us an Ask query if you have any views on the cases, issues, or legal developments that are covered or if you think we have missed something that should be brought to the attention of adult social care practitioners.

In this post we look at:

  • New legislation.
  • Other legislative developments.
  • Recent case law.
  • Guidance and policy statements.
  • Local Government Ombudsman decisions.

Continue reading