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An object lesson in how not to respond to judicial review (R (on the application of Nur) v Birmingham City Council)

An object lesson in how not to respond to judicial review (R (on the application of Nur) v Birmingham City Council)
Published on: 15 January 2021
Published by: LexisPSL
  • An object lesson in how not to respond to judicial review (R (on the application of Nur) v Birmingham City Council)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Misapplication of policy
  • Case details

Article summary

Local Government analysis: In finding that the council had had misunderstood its own allocations policy, the court gave guidance as to how a public authority should engage with judicial review proceedings, describing the council’s conduct as ‘an object lesson in how a public body should not respond’. Among the council’s errors was a failure to engage in the proceedings by disregarding procedural timetables, and not seeking relief from sanction in accordance with the procedural rules. It further misunderstood its duties as a public body by failing in its duty of candour and co-operation with the court. Written by Zia Nabi, barrister, and Marie Paris, pupil barrister, at Doughty Street Chambers. or take a trial to read the full analysis.

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