Podcast Location:
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Categories:
Human Rights, Civil Liberties & Public Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to provide practitioners with a detailed discussion of the decisions in the Pepper and Molinaro cases; and how the land disposal and management decisions of public bodies are treated by the courts in terms of their public law reviewability. It analyses the relevant case law, assesses the favoured approach and raises key questions to consider in relation to the reasoning of the courts in this area.

Outcomes:
After completing the course you will:
  • Understand the decisions of the courts in Pepper and Molinaro;
  • Appreciate how these decisions differed and on what grounds;
  • Understand how academics and the courts have applied these decisions;
  • Have knowledge of the issues with the separate decisions;
  • Be aware of the factors which may affect the public law reviewability of land disposal decisions;
  • Appreciate the key issues to consider when advising clients in this area.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • R v Bolsover DC, ex p Pepper [2001] LGR 43;
  • R (Molinaro) v RB of Kensington & Chelsea [2001] EWHC Admin 896;
  • R v Barnet London Borough Council, ex p Pardes House School Ltd. [1989] COD 512;
  • Gamesa Energy UK Ltd., R (on the application of) v The National Assembly for Wales [2006] EWHC 2167;
  • R (Hopley) v Liverpool Health Authority [2002] EWHC 1723;
  • R (Ise Lodge Amenity Committee) v Kettering BC [2002] EWHC 1132;
  • R v Leeds CC, ex p Cobleigh [1997] COD 69;
  • R v London Borough of Camden, ex p Hughes [1994] COD 253;
  • Local Government Act 1972;
  • R (Nurse Prescribers Limited) v Secretary of State for Health [2004] EWHC 403;
  • S.H.Bailey, 'Judicial Review of Contracting Decisions' [2007] Public Law 444-63;
  • Trafford v Blackpool Borough Council [2014] EWHC 85;
  • Wheeler v Leicester City Council [1985] UKHL 6.
Tags:

In this CPDcast James Maurici from Landmark Chambers covers public law reviewability of land disposal decisions. He considers, in some depth, the decisions in the Pepper and Molinaro cases and discusses the impact of these cases and how they have been approached in subsequent case law.

Date Recorded: 7th October 2014

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