All articles by Dr Nicholas Dobson
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FeatureChallenges to ‘austerity’ cuts
Lincolnshire County Council has recently undergone two legal challenges to its proposals for redesigning its library service in the light of ‘increasing budgetary constraints’.
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FeatureAdoption and access to family history
The law around adoptees’ attempts to find out about their real parents.
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FeatureVulnerable people and competing rights
How does a Court of Protection judgment affect the media’s potential role in welfare proceedings?
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FeatureLocal government: liberty and disability
Living arrangements for those with mental incapacity.
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FeatureNeeds, wants and principles
The High Court recently offered a useful starter pack in both planning and administrative law.
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Feature
Business rate relief; misconduct in public office
To most people (who, surprisingly to some, include lawyers) occupation of premises connotes actual physical possession of the land in question or its use. But what if a charitable organisation takes a lease of commercial premises and installs one or more Wi-Fi transmitters (each similar in size to domestic broadband ...
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News
Negligence: snails, golf clubs and tree roots
Since the decomposed remains of a snail were found in a bottle of ginger beer in a Paisley cafe in 1928 (the famous case of Donoghue v Stevenson [1932] All ER Rep 1, which underpins the modern law of negligence) we have all been expected to take reasonable care not ...
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Automatic disqualification and apparent bias
Two jurisprudential strands were brought together by the Court of Appeal on 19 October 2011 when determining a challenge brought by Darsho Kaur, a student member of the Institute of Legal Executives (ILEX).
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Fiduciary duty revisited: I’m unlawful - strike me down!
American comedian Bob Newhart (famous for his monologue sketches) imagined Sir Walter Raleigh as a salesman phoning base about his discovery of tobacco. The response to Sir Walter was not, however, encouraging: ‘I think you’re gonna have rather a tough time selling people on sticking burning leaves in their mouths… ...
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Equalities and austerity cuts
The journey of Ulysses was classically eventful and hazardous. Local authorities seeking to effect necessary budget cuts can find their journey through the public sector equality duty and its predecessors equally challenging. Many local authorities, such as Birmingham, have fallen by the wayside, even though (as the old 1930s song ...
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Localism Bill
Some time ago, Paul McCartney sang about a long and winding road that led to his loved-one’s door. Many years later (in a slightly less romantic context) the Localism Bill is also travelling a very long and winding road that will no doubt lead to royal assent, probably in late ...
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Local government: council of war
‘Phoney War’ was the term used to describe the early months of World War II. Between the formal start of hostilities in September 1939 and Spring 1940, things seemed relatively quiet – at least in Western Europe. After that, of course, the dogs of war were let slip, furious and ...