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Judicial Review and abuse of power

Andy Howells

11th February 2011

Great article here on a successful challenge by Councils to the Government’s plans to scrap the Building Schools for the Future scheme - labelled by the judge as an “abuse of power”. The root cause seems to have been a failure to consult - procedural ultra vires. There’s another report here.

Although this may not mean an ultimate change to the decision, it looks set to lead to some heft compensation payouts to the schools and Councils left in the lurch to the tune of millions spent on preparation of projects when the plug was abruptly pulled. There’s a video detailing the impact of the decision in one local area here.

Andy Howells

Andy Howells is Head of Law at a large northern Sixth Form College and a former solicitor.

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