‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004
An order allowing demolition of a listed building was possible even though the building itself remained viable. The function of the courts was to validate the decision making process, not the merits of the decision.Lord Bridge analysed the effect of the requirement to show ‘substantial prejudice’, saying: ‘Whatever may be the position in any other … Continue reading Save Britain’s Heritage v Number 1 Poultry Ltd: HL 28 Feb 1991
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private … Continue reading Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997
Council had statutory defence to a claim for wrongful confiscation of busker’s instruments when acting under appropriate powers. Citations: Times 11-Jul-1997, [1997] EWCA Civ 1823 Statutes: Local Government Act 1963 S12 12C 42(2) Jurisdiction: England and Wales Local Government Updated: 06 November 2022; Ref: scu.142219
The objector sought leave to appeal. He had objected to spending on a war memorial. The district auditor when declining to intervene had given his reasons. The claimant objected that he should have waited before giving those reasons. Held: Either the reasons were validly delivered in which case the objection failed, or they were not … Continue reading Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964
An entertainment licence was not needed for public entertainment given by a busker, a public square was not ‘a premise’ within the Act. Citations: Gazette 24-Apr-1996, Times 27-Mar-1996 Statutes: London Government Act 1963 Jurisdiction: England and Wales Citing: Appeal from – Regina v Bow Street Magistrates Ex Parte McDonald QBD 30-Jan-1995 A Local Authority may … Continue reading Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald: CA 27 Mar 1996
The defendants had been acquitted of obstructing a public highway across their golf course. The authority appealed. Held: The obstruction was deliberate. If the defendants wanted to challenge the status of the pathway on the definitive map, then they should do so by proper means. Citations: [1997] EWHC Admin 1035 Links: Bailii Statutes: Highways Act … Continue reading Kent County Council v Upchurch River Valley Golf Course Limited: Admn 21 Nov 1997
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The court hear an appeal to quarter sessions against a licensing decision taken by a local authority. The application was rejected by the local authority against whose decision an appeal lay to the Quarter Sessions. The Recorder allowed the appeal and the City Corporation appealed to the Court of Appeal Held: (Majority) Where an appellate … Continue reading Sagnata Investments Ltd v Norwich Corporation: CA 1971
The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued … Continue reading Swansea City Council v Glass: CA 1992
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
A factor in a decision might be so insignificant that the failure to take it into account could not have materially affected the decision. There might be cases where the factor wrongly omitted was ‘insignificant’ and thus would not justify concluding that the exercise of power was ‘bad’. Judges: Megaw J Citations: [1963] 1 QB … Continue reading Hanks and Others v Minister of Housing and Local Government: 1963
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The company appealed a notice requiring them to avoid th eneed for its employees to carry out manual handling operations. Held: The notice was inadequate, and the magistrates had been wrong to try to improve it by adding to it. The inspector had been ready to consider an alternative such as training but this had … Continue reading BT Fleet Ltd v McKenna: Admn 17 Mar 2005
The court considered the power of the Secretary of state to vary or amend an enforcement notice under the Act. Held: He could amend a notice which was otherwise invalid but not one which was upon its face a nullity. Lord Denning MR said: ‘He can correct errors so long as having regard to the … Continue reading Miller-Mead v Minister for Housing and Local Government and Another: CA 1963
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment. Held: The appeal succeeded. In general, time would run from the earlier date: ‘Save where it is the … Continue reading Legal Services Commission v Henthorn: CA 30 Nov 2011
The applicants appealed an enforcement notice, with regard to a change of use, to use land for a multiplicity of businesses. The inspector had suggested he would correct by amendment an error in the notice. The section provided that an amendment could be made unless it caused injustice. The applicant argued that an amendment could … Continue reading Simms v Secretary of State for Environment, Broxtowe Borough Council: Admn 18 Mar 1997
The plaintiff wanted to sell his land. The purchaser wished to know the planning status and prospects for the land. The local authority published a leaflet encouraging those interested to seek guidance from the authority’s planning officers. The plaintiff did so, but the advice received was negligently incorrect. Held: Thee informal planning advice given by … Continue reading Tidman v Reading Borough Council: QBD 4 Nov 1994
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
A number of youths pushed a large heavy cylinder from the public highway from a roundabout into the infant plaintiff’s garden. The cylinder struck her causing her severe injuries. The DOE, the Highway Authority, unsuccessfully sought to have the claim dismissed. Held: Accepting the plaintiff’s contention ‘Mr Montague also contended that the failure to erect … Continue reading Harbinson v Department of the Environment for Northern Ireland: 1983
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
A Local Authority may seize an unlicensed entertainer’s equipment; Leicester Square is ‘premises’. Citations: Ind Summary 30-Jan-1995 Statutes: Local Government Act 1963 12 Citing: Appealed to – Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald CA 27-Mar-1996 An entertainment licence was not needed for public entertainment given by a busker, a public … Continue reading Regina v Bow Street Magistrates Ex Parte McDonald: QBD 30 Jan 1995
Swap deals outwith Council powers The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were void, there being no express power in the relevant legislation. Held: The arrangements … Continue reading Hazell v Hammersmith and Fulham London Borough Council: HL 1991
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The defendant solicitor had persuaded his client to release a charge, thus advancing the solicitor’s own subsequent charge on the same property. The action was started in the Chancery Division of the High Court. The statement of claim alleged fraud and claimed damages. At the trial the action was treated as action in the tort … Continue reading Nocton v Lord Ashburton: HL 19 Jun 1914
The court gave directions in Forced Marriage Protection order applications. An order had been made at the request of the police on behalf of A, and the court had declined to discharge it on A’s own application. Held: Special advocates were not needed in this case; ‘there is nothing that a special advocate could do … Continue reading Chief Constable and Another v YK and Others: FD 6 Oct 2010
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
Identifying ‘maandatory’ and ‘regulatory’ The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused. Held: The House considered the consequences of a failure to comply with a procedural requirement, … Continue reading London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been purchased by contributions made by the plaintiff in the civilan scheme as to … Continue reading Parry v Cleaver: CA 9 May 1967
Statutory Challenge must be timely The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent. Held: The court was asked, in effect, whether the decision in East Elloe had been overruled … Continue reading Regina v The Secretary of State for the Environment, ex Parte Ostler: CA 16 Mar 1976
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994
Contracts of service or for services In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’ Held: The court asked what was the test of … Continue reading Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance: QBD 8 Dec 1967
Chief Constable has a Wide Discretion on Resources Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under community law. Held: Police do not have an absolute duty to prevent breaches … Continue reading Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited: HL 2 Apr 1998
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
The Commissioners had a statutory duty to make schemes with regard to electricity districts and to hold local enquiries before making them. They made a draft scheme which in effect allocated duties to one body which the Act required should be . .
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The appellant challenged a decision of the Valuation Tribunal. The Council responded that as an appeal of fact it was not allowed. Judges: Tim Corner QC Citations: [2008] EWHC 3212 (Admin), [2009] RVR 138 Links: Bailii Statutes: Valuation and Community Charge Tribunals Regulations 1989 32, Local Government Finance Act of 1992 Jurisdiction: England and Wales … Continue reading Pogonowska, Regina (on the Application of) v London Borough of Camden: Admn 5 Nov 2008
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
The claimants sought damages for defamation. The claimed that the article had caused very substantial losses (andpound;230 million) to them by affecting their market capitalisation value. The defendant sought to strike out that part of the claim. Held: The possible market capitalisation of the claimants was far too uncertain a basis for calculating damages. The … Continue reading Collins Stewart Ltd and Another v The Financial Times Ltd: QBD 20 Oct 2004
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
