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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a decision by a local authority to close its public libraries

Resolved Question:

If a decision by a local authority to close its public libraries is being taken to judicial review, can that authority continue to go ahead with the closures after leave for a JR has been granted and during the review itself? Shouldn't the process being challenged be put on hold until the result of the review is known? It could all be a fait accompli by the time the decision is made, regardless of the result. Can this be right?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was there an injunction stopping the closure before the substantive Judicial Review proceedings please?

Customer:

Not as far as I know. Certainly the county has gone a fair way down the road, with staff being given redundancy notices.

Alex Watts :

Has an application for JR been made?

Customer:

Yes, and it has been granted yesterday. The county has simply said that they are going ahead anyway.

Alex Watts :

Ok - what should have happened is the person applying should have sought an interim injunction to stop the local authority

Alex Watts :

So unless the Court has ordered that they stop then the answer sadly is yes, they can continue

Alex Watts :

This is because there is no Court order stopping them

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I assume they didn't do that - but could it be done now or must it have been done at the same time? I did hear that if an injunction was granted and the county won the review they could make the complainant pay all their costs. Is this right? If so, maybe that's why an injunction wasn't asked for - we are only local people with out any special funds.

Alex Watts :

It should be done at the same time. They could seek their costs yes becuase this should have been done at the first hearing, so any second hearing is wasted

Alex Watts :

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK. Thank you. Not sure what we're going to do to save our library now - even if the review goes against the county we may not have a library left by then!

Alex Watts :

Yes I am sorry

Customer:

Thanks anyway.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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