- 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
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.
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