The court was asked: ‘Whether there is jurisdiction for the injunctions sought by the Claimant to be made under the court’s inherent jurisdiction in relation to vulnerable adults or under s 222 Local Government Act 1972’ on certain facts. Judges: Theis DBE J Citations: [2011] EWHC 1022 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005, … Continue reading A Local Authority v DL and Others: FD 19 Apr 2011
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a … Continue reading In Re Z (Local Authority: Duty): FD 3 Dec 2004
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The local authority sought to use its powers under the Act to enforce planning control over gypsies. Citations: [1988] 1 WLR 246 Statutes: Local Government Act 1972 222 Jurisdiction: England and Wales Cited by: Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle … Continue reading Waverley Borough Council v Hilden: 1988
The appellant claimed that a prosecution under the 1990 Act could not be made by the Local Authority in its own name, but should rather have been in the name of a nominated official. Held: The 1972 Act gave the authority the power. It had not been intended to make a distinction between a local … Continue reading Monks v East Northamptonshire District Council: QBD 8 Mar 2002
Judges: Michael Kent QC Citations: [2021] EWHC 666 (QB) Links: Bailii Statutes: Local Government Act 1972 222, Caravan Sites and Control of Development Act 1960 ( Jurisdiction: England and Wales Land Updated: 05 November 2022; Ref: scu.660810
Judges: Lady Justice Black Citations: [2010] EWCA Civ 818, [2011] RTR 17 Links: Bailii Statutes: Local Government Act 1972 222 Jurisdiction: England and Wales Road Traffic Updated: 14 August 2022; Ref: scu.440700
The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes. Held: The defendant’s appeal was allowed in part. There had to be shown something more than repeated infringements to support an injunction. The authority had to show a deliberate and flagrant … Continue reading Guildford Borough Council v Hein: CA 27 Jul 2005
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any animals found. Held: The court did not have the necessary jurisdiction. It had … Continue reading Worcestershire County Council v Tongue and others: ChD 6 Aug 2003
The claimant had sought injunctions to exclude the defendants, suspected of being involved in selling drugs, from areas of the city. Citations: [2008] EWHC 1224 (QB) Links: Bailii Statutes: Local Government Act 1972 222 Jurisdiction: England and Wales Local Government, Crime Updated: 11 June 2022; Ref: scu.270293
The council had power under the Act to seek, in its own name, an injunction to prevent an alleged drug-dealer minor to enter a housing estate, and put an end to public nuisances. The authority was not acting outside its powers if it considered the action expedient for the protection of the inhabitants of its … Continue reading Nottingham City Council v Zain (a Minor): CA 31 Jul 2001
Application for interim injunction to prevent traveller families occupying certain lands. Judges: Patterson DBE J Citations: [2015] EWHC 953 (QB) Links: Bailii Statutes: Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Criminal Justice and Public Order Act 1994 Jurisdiction: England and Wales Local Government, Planning Updated: 30 May 2022; Ref: scu.545603
No undertaking for damages was to be required of a Local Authority exercising a statutory duty. The grant of an injunction in favour of a local authority performing law enforcement duties did not necessarily carry with it a cross-undertaking on damages of a type that is familiar in private litigation. Judges: Scott Baker J Citations: … Continue reading Coventry City Council v Finnie and Another: QBD 2 May 1996
The local authority sought to use its powers under the Act to enforce planning control over gypsies. Citations: [1992] 90 LGR 557 Statutes: Local Government Act 1972 222 Cited by: Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003 … Continue reading Mole Valley District Council v Smith: 1992
The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order. Held: The court noted that no person had yet been served with any documents, and that the legal landscape … Continue reading London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020
The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties … Continue reading Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984
Judges: Lord Justice Bean Citations: [2020] EWCA Civ 1488 Links: Bailii Statutes: Local Government Act 1972 222 Jurisdiction: England and Wales Crime, Local Government Updated: 03 April 2022; Ref: scu.655574
The defendants challenged the power of the local authority to maintain a private prosecution of them on counts of alleged fraud. It was purpotrting to act in effect as a profit making branch of the local authority offering such legal services to CPS. Held: The Council had no such power, though the prosecution had now … Continue reading AB and Others, Regina v: CACD 28 Apr 2017
The Council sought orders to restrain the defendants from using certain land for the display of advertisements. Moriarty QC [1997] EWHC Admin 800 Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Town and Country Planning (Control of Advertisements) Regulations 1992 England and Wales Planning Updated: 03 January 2022; Ref: scu.137745
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The 1988 Act gave the local authority the power to undertake a prosecution for the offence of driving without insurance as regards those for whom it had regulatory and licensing responsibilities as hackney carriage drivers. The power to act for the . .
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Does paragraph 46(1) of schedule 5 to the Consumer Rights Act 2015 (‘the 2015 Act’) confer power upon a local authority to prosecute consumer offences irrespective of a connection with the area? Alternatively, is that power governed by section 222(1) of the Local Government Act 1972 (‘the 1972 Act’) (a general power to prosecute and … Continue reading City of York Council, Regina (on The Application of) v Auh and Others: CACD 9 Aug 2022
Judges: Gross LJ, William Davis J Citations: [2019] EWHC 2563 (Admin), [2019] WLR(D) 559 Links: Bailii, WLRD Statutes: Local Government Act 1972 101(1)(b) 222(1)(a), Localism Act 2011 1 Jurisdiction: England and Wales Local Government, Criminal Practice Updated: 07 October 2022; Ref: scu.642708
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008
