Public Interest Lawyers is an extraordinary firm of solicitors, who must be – certainly should be – the pride of the legal profession. Through their tenacity, quality and sheer hard work – often from unpromising beginnings and in dark times for public funding – they have single-handedly been responsible for shining the torchlight of legal accountability in a range of new areas. The work continues unabated. No barrister or judge, here or in Strasbourg, could have come to deal with the sorts of human rights issues which PIL continues to raise, but for their principled and brave pursuit of justice.

 

PIL demonstrates three further important things. First, how positive and constructive can be the use of public funding in public law cases, in the public interest. It has been hard. But PIL and the LSC have forged a partnership which is second to none, as to the importance of the cases that are brought, their success and their wider impact. Secondly, PIL demonstrates that London does not always lead, and a London-centric focus is neither helpful nor fair. This firm, from what are still sometimes thought of as “the provinces”, is the nation’s leader for human rights application in challenging cases. That PIL is looking, as a Birmingham-based firm. How refreshing for it to be that way.Thirdly, let it not be forgotten that PIL was set up as a new firm of solicitors. This is not the further and continued work of an established firm, set up long ago when times were different. This was an innovation; a leap of faith in the rule of law. It was a boat launched in a sea of uncertainty, which has turned out to be the flagship for public law accountability under the rule of law.

 

Michael Fordham QC
Michael Fordham QC
 
 

PIL: High Court Rules That Library Closures In Gloucestershire And Somerset Were Unlawful

The High Court has today ruled that the massive cuts to library provision in Gloucestershire and Somerset are unlawful and has quashed both councils’ planned library closures.

 

The ruling follows a three-day judicial review hearing in September 2011 at which the claimants argued that the Gloucestershire and Somerset local authorities had cut libraries too much, too quickly, and without considering the impact on disadvantaged groups.  An injunction against both Councils had prevented the cuts being put into practice before today’s ruling.  Those cuts have been struck-down in today’s ruling.

 

In a compelling judgment handed-down today at the Royal Courts of Justice in London, His Honour Judge McKenna found that (paragraph 46):

 

Libraries..provide a highly valued service for those who use it

 

He went on to rule that both councils had failed to take account of their equalities duties when pushing through the cuts, condemning both council’s approach as “bad Government”, and that it was “important to the Rule of Law” that the decisions be quashed. 

 

Today’s ruling is a victory for campaigners whose opposition to the councils’ library cuts had been ignored.  For over a year they had been pointing to the disproportionate effect that the cuts would have on disadvantaged groups such as the elderly, single mothers and the disabled.  The High Court has today ruled comprehensively in their favour.

 

Speaking today, Daniel Carey of Public Interest Lawyers said as follows:

 

Today’s High Court ruling sends a clear message not only to Gloucestershire and Somerset, but to every council in the country, that catering for the needs of the vulnerable must be at the heart of any decision to cut important services such as libraries.  The judge spoke of the ‘open-signal’ this ruling will send to other councils who must now fundamentally re-appraise their library provision, and the Culture Minister must now step in to halt disproportionate cuts to library provision that are disenfranchising vulnerable users nationwide.”

 

Phil Shiner, principal of Public Interest Lawyers also stated:

 

The court has today shown that local authorities are not above the law.  These disproportionate and unjust cuts have been quashed in their entirety.  These councils’ reliance on the ‘open-society’ has failed in the face of their clear equalities duty.”

 

In Gloucestershire, the County Council proposed to withdraw funding from 10 of 38 static libraries and to withdraw the much-loved mobile library service – a lifeline to isolated communities and elderly care home residents – altogether.  Similar cuts were proposed in Somerset, with 11 of 34 static libraries due to lose their funding and 4 of 6 mobile libraries already off the road.  None of these cuts may now go ahead as a result of today’s ruling.

 
See also:
 
This is Gloucestershire
 
 
 
BBC News
 
 
Public Libraries News
 
 
Channel 4 News
 
 
The Independent
 
 
 
 
The Guardian
 
 
Bath Chronicle
 
 
Bookseller
 
 
Cotswold Journal
 
 
Yorkshire Post
 
 
Wilts and Gloucestershire Standard
 
 
Bourne Local
 
 
Glastonbury People
 
 
Harrow Observer
 
 
Chard and Ilminster News
 
 
Yeovil Express
 


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