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23 November 2012
Issue: 7539 / Categories: Case law , Law digest , In Court
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Judicial review

Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439, [2012] All ER (D) 147 (Nov)

The approach of Hobhouse LJ in Credit Suisse v Allerdale Borough Council [1996] 4 All ER 129 was to be preferred to that of Neill LJ in the same case. The assimilation of the various types of public law error in Anisminic Ltd v Foreign Compensation Commission [1969] 1 All ER 208 had not had the effect of imposing a rule which extended inexorably to public law error as a defence to a private law claim. It would be highly undesirable if, years after time expired for the making of a prompt public law challenge by a person with a sufficient interest, the fact of an historic breach of fiduciary duty should inevitably lead to the defeat of a private law claim brought by a party who acted throughout in good faith. Breach of duty, fiduciary or otherwise, might be a defence depending on the circumstances.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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