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24/02/2015

Richard Clayton QC wins important cuts case

On 16 February 2015 in R(T) v Trafford MBC Stewart J rejected a judicial review challenge where it was argued that the recent Supreme Court decision in Moseley meant that consultations must spell out that cuts could be addressed- by raising Council tax or spending reserves.

In October 2014 the Supreme Court ruled in Moseley that, in the context of a Council Tax Reduction Scheme with which the general public could not be expected to be familiar, the consultation document should have contained a brief outline of the alternative options and reasons for their rejection.

The claimant argued that this novel and far reaching principle should extend to the five concurrent consultations Trafford had held before setting its budget on 18 February 2014. The judicial review case was expedited, so it was heard before the budget, itself, was set. But in an important judgment Stewart J decided that the Supreme Court principle did not apply, and the Council then set its budget.

Click here for Judgment

 
 

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