header-logo header-logo

27 November 2015 / Nicholas Dobson
Issue: 7678 / Categories: Features , Public
printer mail-detail

Wednesbury in proportion

Nicholas Dobson discusses a scenario that went beyond mere reasonableness

Most actors fear being “type-cast”. In other words, being so identified with a particular character or type that the performer is continually allocated similar parts. For thespians frequently perceive their craft to lie in their chameleon-like ability to “become” different people in different productions. A vintage example is Alec Guinness in the 1949 film, Kind Hearts and Coronets . There he plays all eight members of the D’Ascoyne family (relatives of the protagonist, Louis Mazzini) who stand between Mazzini and the Dukedom of Chalfont and whom he therefore decides to “remove”.

But typecasting can also afflict the rather different world of public law. For although the seminal 1947 case of Wednesbury ( Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223, [1947] 2 All ER 680) is really an early expression of the principles for properly exercising public authority statutory discretion, in the minds of many it has unfortunately been typecast by the misleading abbreviation, “ Wednesbury reasonableness”, bringing to mind the absurd “example of the red-haired teacher, dismissed because she had

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll