Corporate Governance and Policy

Cases

Public authority powers and duties:

  • Rochdale BC v Dixon CA [2011], Martin Westgate QC, power to recover water charges
  • R (RP) v Brent LBC [2011] EWHC 3251 (Admin), Paul Bowen QC, challenging closure of a children’s Short Breaks centre following Coalition government budgetary cuts
  • R (Attfield) v LB Barnet (pending), Martin Westgate QC and Lindsay Johnson, power to increase resident parking charges.
  • R (Barrett) v LB Lambeth [2012] EWHC 4557 (Admin), Kate Markus:  voluntary sector funding cuts; equality duty; budgetary decisions.
  • R (Brunke) v Isle of Wight Council, Kate Markus: library closures
  • R (B and others) v Worcestershire County Council  [2010] 13 CCLR 13, Kate Markus; closure of adult day centres
  • R (W) v Birmingham City Council [2011] EWHC 1147 (Admin) (BS), Ben Silverstone, resource allocation judicial review and equality impact assessment)

 

Data Protection & Freedom of Information:

  • R (T) v. Metropolitan Police Commissioner [2012] EWHC 1115 (Admin), Paul Bowen QC, Steve Cragg, two linked judicial reviews under the Data Protection Act and Article 8 of the police practice in relation to the issue and retention (for 7 years) of Harassment Warning Notices
  • GC and C v Metropolitan Police Commissioner  [2011] UKSC 21, Steve Cragg, retention of DNA samples and Article 8;
  • R (L) v Metropolitan Police Commissioner [2010] 1 AC 410, SC, Steve Cragg;
  • Dorset Healthcare NHS Foundation Trust v. MH [2009] UUKUT 4 (AAC) (Upper Tribunal) Paul Bowen QC, non-disclosure duties NHS Trust in relation to third party material in mental health Tribunal proceedings
  • R (Gallagher) v Basildon BC [2010] EWHC 2824 (Admin); [2011] P.T.S.R. 731 - Lindsay Johnson represented two claimants in a challenge to the publication by Basildon of personal data relating to their children; the claim raised issues as to the duties of a local authority to comply with the recommendations of the LGO

 

Protection of Vulnerable Adults

  • A Local Authority v DL [2012] EWCA Civ 253 (Court of Appeal) inherent jurisdiction in relation to vulnerable adults with capacity;
  • A Local Authority v A [2010] EWHC 978; Article 5 duties of local authorities to disabled children ‘deprived of their liberty’ by family, acting for EHRC;
  • Surrey CC v MA [2011] EWCA Civ 190 definition of ‘deprivation of liberty’ in the context of seriously learning disabled adult and child; acted for EHRC.

 

Regulatory work

  • Martin Westgate QC: Advice to Immigration Services Commissioner [2011]. Instructed by Ombudsman in another jurisdiction about powers to obtain documents [2011];

 

Procurement

  • R (Public Interest Lawyers) v Legal Services Commission [2010] EWHC 3277 (Admin) (Administrative Court); Paul Bowen QC, successful judicial review challenge based on Public Contracts Regulations 2006 and the general equality duty in s 49A Disability Discrimination Act 1995.
  • R (CMX) & ors v (1) Legal Services Commission (2) Home Secretary [2010] EWHC 1896 (Admin); R (Southall Rights) v Legal Services Commission [2011] Martin Westgate QC acted for withdrawal of legal services contract from RMJ and Southall Rights
  • R (Law Society) v LSC [2010] EWHC 2550 (Admin) – Procurement. Nick Bowen QC acted for one of the intervenors in the Law Society challenge to the LSC legal aid contracting process;
  • R (London Secure Services Ltd) v YJB [2009] EWHC 2347 (Admin) Nick Bowen QC and Paul Bowen QC acting for the child claimants in a challenge (including on grounds of failure to comply with the Public Sector Equality Duties) to the tendering exercise to provide accommodation in secure children’s homes;

 

Public Sector Equality Duties

  • R (Barrett) v LB Lambeth [2012] EWHC 4557 (Admin), Kate Markus:  voluntary sector funding cuts; equality duty; budgetary decisions
  • R. (on the application of McDonald) v Kensington and Chelsea RLBC [2011] UKSC 33, Steve Cragg, community care services, care planning and Art 8;
  • R (Brunke) v Isle of Wight Council, Kate Markus: library closures
  • R (Smith) v Lincoln City Council [2010-2011], Kate Markus:  Parking charges for blue badge holders; case settled without hearing
  • R (Chavda) v LB Harrow [2008] 100 BMLR 27, Steve Cragg, Application of disability equality duty to community care services.
  • R (CPAG) v Secretary of State for Work and Pensions [2011] Martin Westgate QC, Jamie Burton, challenge to national caps on housing benefit payable.
  • R (Public Interest Lawyers) v Legal Services Commission [2010] EWHC 3277 (Admin) (Administrative Court); Paul Bowen QC, successful judicial review challenge based on Public Contracts Regulations 2006 and the general equality duty in s 49A Disability Discrimination Act 1995.
  • Romano v Manchester CC CA [2004], Alex Durance, disability equality duty in housing
  • R (JL and LL) v. Islington LBC [2009] EWHC 458 (Admin) (Administrative Court), Paul Bowen QC, challenge to ‘eligibility criteria’ for disabled children’s services including a successful claim under s 49 DDA

« Back to Corporate Governance and Policy

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)