swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Local Government - From: 1995 To: 1995
This page lists 29 cases, and was prepared on 02 April 2018.
Spook Erection Ltd v City of Edinburgh District Council; ScSf 1995 - 1995 SLT (Sh Ct) 107
Regina v Suffolk County Council Ex Parte Steed and Steed; Admn 1995 - (1995) 70 P&CR 487
Hambleton District Council v Bird; CA 1995 - [1995] 3 PLR 8
Regina v Camden London Borough Council Ex Parte Cran and Others Times, 25 January 1995; Ind Summary, 20 March 1995; (1996) 94 LGR 8
25 Jan 1995
QBD
McCullough J
Road Traffic, Local Government
A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: 'What kind and amount of consultation is required in a particular case must depend on the circumstances. A few general principles can however, be stated.
'The process of consultation must be effective; looked at as a whole, it must be fair. This requires that: consultation must take place while the proposals are still at a formative stage; those consulted must be provided with information which is accurate and sufficient to enable them to make a meaningful response; they must be given adequate time in which to do so; there must be adequate time for their responses to be considered; the consulting party must consider responses with a receptive mind and a conscientious manner when reaching its decision.'
European Convention on Human Rights 9
1 Cites
1 Citers
Regina v Bowden (T); CACD 24-Feb-1995 - Independent, 05 April 1995; Times, 06 March 1995; [1996] 1 WLR 98; [1995] 4 All ER 505; 93/6974/X2
Regina v Chichester Crown Court Ex Parte Forte Times, 09 March 1995
9 Mar 1995
QBD
Licensing, Local Government
A Local Authority may properly consider any apparent demand for such services when considering an application for a licence for an amusement centre.
Gaming Act 1968 34
Regina v Somerset County Council Ex Parte Fewings and Others; CA 22-Mar-1995 - Gazette, 26 April 1995; Times, 23 March 1995; Independent, 22 March 1995; [1995] 1 WLR 1037; [1995] EWCA Civ 24; (1995) 7 Admin LR 761; [1995] 3 All ER 20
Morgan Grenfell and Co Ltd v Sutton London Borough Council Times, 23 March 1995
23 Mar 1995
QBD
Local Government, Banking
A guarantee of loan to a non-registered housing association was ultra vires.
Local Government Act 1972
1 Citers
Regina v Wandsworth Borough Council Ex Parte Crooks (And Six Other Applications) Independent, 30 March 1995; Times, 12 April 1995
30 Mar 1995
QBD
Housing, Local Government
Local Authority may re-house in private sector on an assured shorthold tenancy which was expected to be renewed under normal circumstances.
Housing Act 1985 65(2)
City Leisure (Holdings) Ltd v Lord Mayor and Citizens of the City of Westminster Unreported, 06 April 1995
6 Apr 1995
ComC
Phillips J
Contract, Local Government
cw Contract - ultra vires - power of local authority to grant an indemnity - power of local authority to borrow - acquiring the use of borrowed money
Local Government Act 1972 111 - Local Government (Miscellaneous) Provisions Act 1976 19(1)
Regina v Coventry Airport Ex Parte Phoenix Aviation; Regina v Dover Harbour Board Ex Parte Gilder Independent, 13 April 1995; Times, 17 April 1995; [1995] EWHC Admin 1; [1995] 3 All ER 37
12 Apr 1995
QBD
Simon Brown LJ, Popplewell J
Local Government, Administrative
A local authority operator of an airport suspended flights on aircraft transporting livestock; a harbour authority refused to allow cross-Channel services for the export of live animals; and a local authority challenged the decision of a statutory body operating a dock not to ban the export of live animals. In each case what was relied on to justify imposing a ban was the activity and size of the disruptive protests. Held: None of the bans was lawful under the body's statutory power but each was, or would have been, unlawful. The authority had given in to unlawful threats. "None of them, it appears, gave the least thought to the awesome implications for the rule of law of doing what they propose." This was contrary to "the thread [which] runs consistently throughout all the case law; the recognition that public authorities must beware of surrendering to the dictates of unlawful pressure groups." A lawful trade in live animals was not to be interrupted for fear of public disorder.
1 Citers
[ Bailii ]
Paterson and Another v Humberside County Council; QBD 19-Apr-1995 - Times, 19 April 1995; [1995] CLY 3661; [1996] Const LJ 64
Regina v Wandsworth London Borough Council Ex Parte Beckwith Independent, 21 April 1995; Times, 05 June 1995
21 Apr 1995
QBD
Local Government
A Local Authority must maintain some facilities to provide each type of social care it was required to supply.
National Assistance Act 1948 21
1 Citers
Harrogate Borough Council v Barker; QBD 2-Jun-1995 - Times, 02 June 1995
Director of Public Prosecutions v Burton and Others Times, 08 June 1995
8 Jun 1995
QBD
Local Government
Only one offence of Councillor failing to disclose Community Charge arrears on vote.
Local Government Finance Act 1992 106-2
Regina v Gloucestershire County Council Ex Parte Mahfood and Others; Regina v Islington London Borough Council Ex Parte Mcmillan Independent, 20 June 1995; Times, 21 June 1995
20 Jun 1995
QBD
Local Government
A Local Authority may allow for its finances in deciding on care provision, but must look to individual case.
National Health Service & Community Care Act 1990 47-1 - Chronically Sick and Disabled Persons Act 1970 2(1)
Rodd v Ritchings; Gilbert v Childs; Batty v Burfoot; Same v Merriman Independent, 28 June 1995; Times, 21 June 1995
21 Jun 1995
QBD
Local Government, Rating
A self contained granny flat was taxable separately. The test of what was self contained remained difficult.
Council Tax (Chargeable Dwellings) Order 1992 549
Regina v Wandsworth London Borough Council Ex Parte Beckwith; CA 29-Jun-1995 - Gazette, 06 September 1995; Times, 29 June 1995
X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc; HL 29-Jun-1995 - Independent, 30 June 1995; Times, 30 June 1995; [1995] 2 AC 633; [1995] UKHL 9; [1995] 2 FLR 276; [1995] 3 All ER 353; [1995] 3 WLR 152; [1995] 3 FCR 337
Evans v Waverley Borough Council Times, 18 July 1995
18 Jul 1995
CA
Environment, Land, Local Government
A Local Authority has no power to change a tree preservation order to 'woodland' on the making of the order.
Town and Country Planning Act 1990 199-1
Nicholls v Wimbledon Valuation Office Listing Officer and Another Ind Summary, 24 July 1995
24 Jul 1995
QBD
Local Government
An unpowered floating home was chargeable to council tax even though a chattel.
Rating Act 1967
Regina v Northavon District Council Ex Parte Palmer; CA 1-Aug-1995 - Times, 01 August 1995; Independent, 09 August 1995
Regina v Mayor, Commonalty and Citizens of the City of London, ex parte Matson (1996) 8 Admin LR 49; [1997] 1 WLR 765; [1996] COD 161; 94 LGR 443; (1996) 8 Admin LR 49
18 Aug 1995
CA
Neill LJ, Waite LJ, Swinton Thomas LJ
Local Government, Judicial Review
The court considered the need to give reasons for the election of Aldermen.
1 Cites
1 Citers
[ Bailii ]
Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others Independent, 03 October 1995; (1995) 8 Admin LR 529; [1997] JPL 65
3 Oct 1995
QBD
Sedley J
Housing, Local Government, Planning
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still sustainable, but by the 1960 Act, local authorities were given power to close the commons to travellers. This they did with great energy, but made no use of the concomitant power given to them by s24 to open caravan sites to compensate for the closure of the commons. By the 1968 Act, Parliament legislated to make the s24 power a duty, resting in rural areas upon county councils rather than district councils (although the latter continued to possess the power to open sites). For the next quarter of a century there followed a history of non-compliance with the duties imposed by the Act of 1968, marked by a series of decisions of this court holding local authorities to be in breach of their statutory duty, to apparently little practical effect. The default powers vested in central government, to which the court was required to defer, were rarely if ever used. Sedley J: "Those considerations in the material paragraphs (of the Circular [on Gypsy Site Policy]) which are not statutory are considerations of common humanity, none of which can be properly ignored when dealing with one of the most fundamental human needs, the need for shelter with at least a modicum of security."
Criminal Justice and Public Order Act 1994 77 78 79 - Caravan Sites and Control of Development Act 1960 23 - Caravan Sites Act 1968
1 Citers
Regina v Ealing London Borough Council Ex Parte Parkinson Times, 13 November 1995
13 Nov 1995
QBD
Housing, Local Government
A damages claim was wrong after a housing offer withdrawn for the applicant having made a fraudulent application.
Housing Act 1985 64
Redbank Schools Ltd v Abdullahzadeh and Others Times, 20 November 1995
20 Nov 1995
CA
Local Government
Local Authority managing a children's home for owners had no authority to create a secure tenancy.
Regina v Secretary of State for the Environment Ex Parte Lancashire County Council Times, 09 December 1995
9 Dec 1995
QBD
Local Government
The guidance in the policy document considered did not conflict with the requirements of the Act.
Local Government Act 1992 13-5
Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council; QBD 14-Dec-1995 - Times, 14 December 1995
Regina v Wandsworth London Borough Council Ex Parte Beckwith Gazette, 17 January 1996; Independent, 21 December 1995; Times, 15 December 1995; [1996] 1 WLR 60
15 Dec 1995
HL
Lord Hoffman
Local Government
The applicants had contended that Wandsworth was under a duty to maintain some accommodation for the elderly in premises under its own management. Held: The applicants claim failed. Local Authorities may provide all care for elderly by outside agencies, not needing to provide their own homes and services. Courts determine what is the law, whether based on statute or common law and Parliament may change the law if that is desired.
Lord Hoffman: "the draftsman is therefore not saying that homes in the private sector may be included in the collective of homes which the council has to provide. He is saying that the concept of "arrangements" which has been used to define the council's duty in Section 21 is to include arrangements within the private sector. This produces an altogether different result: it extends the meaning of the concept by which the council's duty is defined. Any arrangements which fall within the extended definition will satisfy the council's duty." As to a local authority circular which said: 'It is the view of the Department that the amendments introduced into the Act of 1948 by section 1 of the Community Care (Residential Accommodation) Act 1992 will require authorities to make some provision for residential care under Part 111 of the Act of 1948.', Lord Hoffmann said: "The opinion of the Department is entitled to respect, particularly since I assume that the Act was drafted on its instructions. But in my view this statement is simply wrong."
National Health Service Act 1948 21 26
1 Cites
1 Citers
