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: 1999 To: 1999
This page lists 69 cases, and was prepared on 02 April 2018.
Regina v Hammersmith and Fulham LBC ex part D [1999] 1 FLR 642
1999
Kay J
Local Government, Children, Immigration
It was not outside a local authority's powers to supply an air ticket to assist a failed asylum seeker to return home with her children.
1 Citers
Regina v Education Committee of Blackpool Borough Council ex parte Taylor; 1999 - [1999] ELR 237
Regina v Local Government Ombudsman ex parte Abernethy [1999] EWHC Admin 29
14 Jan 1999
Admn
Local Government
1 Cites
1 Citers
[ Bailii ]
Regina v Local Government Ombusman ex parte Abernethy [1999] EWHC Admin 30
14 Jan 1999
Admn
Local Government
1 Cites
1 Citers
[ Bailii ]
Regina v Commissioner for Local Administration In England ex parte Gordon John Jones and Sylvia Gertrude Jones [1999] EWCA Civ 571
14 Jan 1999
CA
Local Government
[ Bailii ]
Regina v Local Commissioner for Administration, London ex parte Jaroslav Zavadil [1999] EWHC Admin 86
1 Feb 1999
Admn
Local Government
[ Bailii ]
Gibson v East Riding of Yorkshire District Council Times, 12 February 1999; Gazette, 31 March 1999; [1999] UKEAT 526_98_0302
3 Feb 1999
EAT
Employment, European, Local Government
The Working Time Directive has direct application in the employment by an emanation of the state - a local authority, and an hourly paid part timer was entitled to four weeks paid holiday by the direct effect application of the Directive, and irrespective of any ambiguity or deficit in the regulations.
Working Time Directive 93/104/EC OJ 1993 L307/18
1 Cites
1 Citers
[ Bailii ]
Hall v Kingston Upon Hull City Council and similar Times, 09 February 1999
9 Feb 1999
QBD
Local Government
When serving notice of statutory nuisance upon a local authority, the tenant, having been told to notify the housing department could serve the notice there. The power to specify an alternative means of service is not limited to the Council Secretary.
Environmental Protection Act 1990 79(1)
Regina v Leeds City Council ex parte 'N' (By Her Mother and Next Friend 'N') and others; Admn 10-Feb-1999 - [1999] EWHC Admin 124
Regina v District Auditor of Isle of Anglesey County Council for 1996/7 (ex parte John Arthur Jones) [1999] EWHC Admin 136
15 Feb 1999
Admn
Local Government
1 Cites
1 Citers
[ Bailii ]
Regina v Local Commissioner for Administration In North and North East England ex parte Liverpool City Council [1999] EWHC Admin 146
16 Feb 1999
Admn
Local Government
[ Bailii ]
Director of Public Prosecutions v John Gazette, 17 February 1999
17 Feb 1999
QBD
Local Government
Land could be appropriated for Military Land even if it had no such direct use, and accordingly it remained subject to military by-laws properly governing military land. Menwith Hill governed though 70% use was agricultural or used by other state.
Military Lands Act 1892
Preston Borough Council v McGrath; ChD 18-Feb-1999 - Times, 18 February 1999; Gazette, 24 February 1999
Regina v London Borough of Tower Hamlets ex parte Gary Luck (T/a G Luck Arboricultural and Horticultural Services) [1999] EWCA Civ 880
2 Mar 1999
CA
Local Government
[ Bailii ]
Regina v Commissioner for Local Administration ex parte PH [1999] EWCA Civ 916
8 Mar 1999
CA
Local Government
[ Bailii ]
Regina v Manchester City Council ex parte 'D S' (By His Mother and Next Friend 'S') [1999] EWHC Admin 220
11 Mar 1999
Admn
Education, Local Government
[ Bailii ]
Regina v Commissioner for Local Administration ex parte S [1999] EWCA Civ 989
15 Mar 1999
CA
Local Government
1 Cites
[ Bailii ]
Ex Parte Nacion Gazette, 17 March 1999
17 Mar 1999
CA
Judicial Review, Housing, Local Government
It was appropriate to apply to judicially review a failure by a local authority to consider exercising its discretion to support a housing applicant pending an appeal, but not where the authority considered but rejected the opportunity to exercise its discretion.
Waddell and others v Royal Borough of Kensington and Chelsea v Traffic Director for London; Admn 31-Mar-1999 - Gazette, 14 April 1999; Times, 30 April 1999; [1999] EWHC Admin 290
Regina v St Edmundsbury Borough Council (ex parte Walton); Admn 13-Apr-1999 - Times, 05 May 1999; [1999] JPL 805; [1999] EWHC Admin 298
Witt v Wiltshire County Council [1999] EWHC Admin 322
20 Apr 1999
Admn
Local Government, Health
[ Bailii ]
Regina v Powys County Council, ex parte Jenny Diane Hambidge [1999] EWHC Admin 371
28 Apr 1999
Admn
Local Government, Health, Discrimination
Disability Discrimination Act 1995 20
1 Citers
[ Bailii ]
Regina v Westminster City Council ex parte Milton Wesley Parkins [1999] EWCA Civ 1288
28 Apr 1999
CA
Local Government
Application for judicial review of decision of the Council not to pursue Dame Shirley Porter for debt.
[ Bailii ]
Weeks v Magill and Dame Porter v Magill; CA 30-Apr-1999 - Times, 06 May 1999; Gazette, 26 May 1999; [1999] EWCA Civ 1317
Weekes v Magill and Dame Porter v Magill [1999] EWCA Civ 1316
30 Apr 1999
CA
Local Government
1 Cites
1 Citers
[ Bailii ]
Regina v London Borough of Tower Hamlets ex parte Uddin [1999] EWHC Admin 400; (2000) 32 HLR 391
5 May 1999
Admn
Housing, Local Government
1 Citers
[ Bailii ]
Leeds City Council v Spencer; CA 6-May-1999 - Times, 24 May 1999; [1999] EWCA Civ 1351
Stretch v West Dorset District Council (2); CA 13-May-1999 - Times, 20 May 1999; Gazette, 26 May 1999; [1999] EWCA Civ 1409
Regina v Rowde Parish Council ex parte Elizabeth Anne Ibbetson [1999] EWHC Admin 455
18 May 1999
Admn
Local Government, Road Traffic
Local Government (Miscellaneous Provisions) Act 1953
[ Bailii ]
Dame Porter v Magill and Weekes v Magill [1999] EWCA Civ 1433
19 May 1999
CA
Local Government
1 Cites
1 Citers
[ Bailii ]
Regina v Kent County Council, Ex parte Salisbury and Pierre (1999) 3 CCLR 38; [1999] EWHC Admin 464
19 May 1999
Admn
Children, Local Government
Continuing duties of local authrity to children who have been in care on attaining majority.
Children Act 1989 24
1 Citers
[ Bailii ]
Regina v Local Commissioner for Administration, London (Arising From the Complaint of Jaroslav Zavadil) [1999] EWCA Civ 1473
25 May 1999
CA
Administrative, Local Government
[ Bailii ]
Regina v North Devon District Council ex parte North Devon Hackney Carriage Owners Association; Admn 26-May-1999 - [1999] EWHC Admin 503
Agodzo v Bristol City Council [1999] EWCA Civ 1517; [1999] 1 WLR 1971
27 May 1999
CA
Henry LJ, Holman j
Local Government, Land
The Council had required the appellant to execute repairs to private sewers serving his properties. When he failed to do them, they did the work, and he now appealed against the costs incurred and charged to him.
Building Act 1984 99(1)
[ Bailii ]
Agodzo v Bristol City Council; CA 9-Jun-1999 - Times, 09 June 1999
Encon Insulation Ltd v Nottingham City Council; Admn 9-Jun-1999 - Gazette, 16 June 1999; [1999] EWHC Admin 530; [1999] RA 382
Barrett v London Borough of Enfield; HL 17-Jun-1999 - Gazette, 14 July 1999; Times, 18 June 1999; [2001] 2 AC 550; [1999] UKHL 25; [1999] 3 All ER 193; [1993] 3 WLR 79
Regina v Birmingham City Council ex parte Deborah Killigrew [1999] EWHC Admin 611
29 Jun 1999
Admn
Health, Local Government
[ Bailii ]
Regina v Pembrokeshire County Council ex parte Coker and Minty; Admn 1-Jul-1999 - [1999] EWHC Admin 623
Regina v Braintree District Council ex parte Halls Times, 21 July 1999; [1999] EWHC Admin 626
2 Jul 1999
Admn
Jackson J
Local Government, Land
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make a charge, but simply that the covenant restricting the use of the plot to one private dwelling-house was entirely valid.
Housing Act 1985 Part V Sch 6 Par 6
1 Cites
1 Citers
[ Bailii ]
Regina v Commission for Local Government In England and Wales; West Dorset District Council Arising From the Complaint of and Masefield [1999] EWCA Civ 1769
5 Jul 1999
CA
Local Government
[ Bailii ]
Khan v Islington London Borough Council Times, 06 July 1999
6 Jul 1999
CA
Local Government
Where a local authority came to be obliged to pay compensation for home loss to a tenant, there was nothing usually to prevent the authority setting off against that sum any rent arrears. The two balances arose out of the same relationship, that of landlord and tenant. This may not always apply, the answer may vary according to the circumstances.
Land Compensation Act 1973
Newbold and Smyth v Leicester City Council [1999] EWHC Admin 670
12 Jul 1999
Admn
Employment, Local Government
[ Bailii ]
Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor; CA 16-Jul-1999 - Times, 20 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1870; [1999] EWCA Civ 1871; [2001] 1 QB 213; [2000] 2 WLR 622; [1999] Lloyds LR 305
Regina v Attorney-General, ex Parte Rockall Times, 19 July 1999
19 Jul 1999
QBD
Crime, Local Government
The presumption of corruption which arose by virtue of the statute under the 1916 Act did not apply on a charge of conspiracy to corrupt under the earlier Act. The charge of conspiracy was a charge on its own under the Criminal Law Act and was not affected by the presumption, and was not accordingly there was no risk of any breach of the Convention on Human Rights.
Prevention of Corruption Act 1916 2 - Prevention of Corruption Act 1906 - Criminal Law Act 1977 1(1)
Application for Permission; Bibi [1999] EWHC Admin 711
20 Jul 1999
Admn
Tucker J
Housing, Local Government, Children
Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989.
Children Act 1989 20
[ Bailii ]
Mayor and Burgesses of London Borough of Richmond v Jon Morton (T/a Morts Trucking Co) [1999] EWHC Admin 715
20 Jul 1999
Admn
Local Government
1 Citers
[ Bailii ]
Northampton County Council v Mayor and Burgesses of London Borough of Islington [1999] EWCA Civ 1913
21 Jul 1999
CA
Children, Local Government
[ Bailii ]
Regina v District Auditor of Isle of Anglesey County Council's 1996/1997 Accounts ex parte John Arthur Jones [1999] EWCA Civ 1949
23 Jul 1999
CA
Local Government
1 Cites
1 Citers
[ Bailii ]
Regina v Flintshire County Council ex parte Armstrong-Braun; Admn 27-Jul-1999 - [1999] EWHC Admin 743
Regina v Secretary of State for Environment Transport and Regions Kingston Upon Hull City Council ex parte East Riding of Yorkshire Council [1999] EWHC Admin 751
28 Jul 1999
Admn
Police, Local Government
[ Bailii ]
Regina v Local Government Ombudsman ex parte Ian Abernethy [1999] EWHC Admin 763
29 Jul 1999
Admn
Local Government
1 Cites
1 Citers
[ Bailii ]
Regina v Local Government Ombudsman ex parte Ian Abernethy [1999] EWHC Admin 762
29 Jul 1999
Admn
Local Government
1 Cites
1 Citers
[ Bailii ]
London Borough of Barking and Dagenham v David Jones [1999] EWCA Civ 2049
30 Jul 1999
CA
Brooke LJ, May LJ, Laws LJ
Consumer, Crime, Local Government
The authority appealed refusal of an injunction restraining the defendant from further breaches of the consumer protection statutes.
Trade Descriptions Act 1968 1 - Unsolicited Goods and Services Act 1971 2 - Business Names Act 1985 4
[ Bailii ]
Regina v Lewes District Council (ex parte Stevens [1999] EWHC Admin 787
6 Aug 1999
Admn
Latham J
Local Government
Application for leave to bring judicial review of decision as to enforcement of nuisance abatement.
[ Bailii ]
Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O'Byrne; Admn 20-Aug-1999 - Times, 12 November 1999; [1999] EWHC Admin 811
Regina v Sheffield City Council, Ex Parte Hague and Another Times, 20 August 1999
20 Aug 1999
CA
Education, Local Government
When a local authority hears an appeal against the refusal to offer a place for a child at a secondary school, the committee may hear submissions as to the possible illegality of the admissions policy of the school. It need not assume that a policy was lawful until and unless set aside. The committee is to apply independent scrutiny to the issues.
Newbold and Another v Leicester City Council; CA 20-Aug-1999 - Times, 20 August 1999; Gazette, 11 August 1999
Regina v Hillingdon London Borough Council, ex parte London Regional Transport Times, 31 August 1999
31 Aug 1999
CA
Local Government
Once a local authority had granted permission for the erection of bus shelters, it was not open to that authority who found a commercially better prospect later to revoke those licences to re-grant them elsewhere. The general powers in the later Act did not allow the authority to displace the agreements once in place.
Local Government (Miscellaneous Provisions) Act 1953 4 - London Transport Passenger Act 1934 104
Regina v Taff and County Borough Council ex parte Lynwen Evans [1999] EWHC Admin 820
31 Aug 1999
Admn
Education, Local Government
School Standards and Framework Act 1998
[ Bailii ]
Liverpool City Council v Rosemary Chavasse Ltd and Another Gazette, 22 September 1999
22 Sep 1999
CA
Contract, Local Government
Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc; Admn 15-Oct-1999 - [1999] EWHC Admin 749; [2000] LGR 318
Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia [1999] ECR I-8121; [1999] EUECJ C-107/98
18 Nov 1999
ECJ
Local Government
AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 Viano decided to switch its custom to AGAC, but without inviting competing tenders from other interested persons. Teckal challenged this decision on the ground that Viano had failed to comply with Directives 92/50/EEC (as to services) and 93/36/EEC (as to goods). Viano's said that it had decided to undertake these matters itself through a body which had been set up for the purpose. Held: "In order to determine whether the fact that a local authority entrusts the supply of products to a consortium in which it has a holding must give rise to a tendering procedure as provided for under Directive 93/36, it is necessary to consider whether the assignment of that task constitutes a public supply contract."
As to whether there was a contract for this purpose, it said that the national court must determine whether there had been an agreement "between two separate persons".
The ourt gave guidance as to how the issue as to whether it was a public service contract was to be determined: "In that regard, in accordance with article 1(a) of Directive 93/36, it is, in principle, sufficient if the contract was concluded between, on the one hand, a local authority and, on the other, a person legally distinct from that local authority. The position can be otherwise only in the case where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities."
The Directive applied only to contracts between a public authority and an entity which was "formally distinct from it and independent of it in regard to decision-making".
There is an exception to the requirement that decisions by public authorities to engage contractors are subject to the requirements of the Directives: "In that regard, in accordance with Article 1(a) of Directive 93/36, it is, in principle, sufficient if the contract was concluded between, on the one hand, a local authority and, on the other hand, a person legally distinct from that local authority. The position can be otherwise only in the case where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities"
Directive 92/50/EEC - Directive 93/36/EEC
1 Citers
[ Bailii ]
Jarvis v Hampshire County Council; CA 23-Nov-1999 - Times, 23 November 1999; Gazette, 17 December 1999
Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council [1999] EWHC 832 (Admin); [2000] LGR 171; [2000] BLGR 171
23 Nov 1999
Admn
Lord Bingham of Cornhill CJ
Local Government, Administrative, Consumer
The 1987 Act and its Regulations enabled a local authority with proper grounds for suspecting that a safety provision had been contravened in relation to goods, to issue a "suspension notice" prohibiting a person on whom it was served from supplying those goods. It would be a criminal offence to breach that prohibition. The Council became concerned about the safety of certain models of baby walker. The suppliers disagreed. The Council decided to issue a press release to warn the public and to cause the recall of the product. The Council relied upon the general ancillary power in section 111 and the general power to publish information relating to its functions in section 142 of the 1972 Act. Held: The Council's decision was quashed. Lord Bingham accepted the submission that: "What, however, was impermissible was to make a public announcement having an intention and effect which could only be achieved by implementation of clear and particular procedures prescribed in an Act of Parliament when the effect of the announcement was to deny the companies the rights and protections which Parliament had enacted they should enjoy. So to act was to circumvent the provisions of the legislation and to act unlawfully."
It did not matter that the procedures under the 1987 Act were cumbersome and not useful for an emergency; the solution to that was amendment not circumvention.
Consumer Protection Act 1987 - Local Government Act 1972 111 142
1 Citers
[ Bailii ]
Regina v Cornwall County Council, Ex P L Times, 25 November 1999; Gazette, 25 November 1999; Gazette, 17 December 1999
25 Nov 1999
QBD
Local Government, Legal Professions, Children
A local authority did not have the right to exclude solicitor representatives from child protection case conferences, and must provide minutes of any part of a meeting from which the parent is excluded. To do so would be to fail to follow the guidelines set out by the Secretary of State, which the authority was bound to follow.
Children Act 1989 37 - Local Authority Social Services Act 1970 7(1)
E v Legal Aid Board, Ex P W et Al (Minors) Times, 25 November 1999
25 Nov 1999
QBD
Legal Aid, Children, Local Government
The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused.
Guardians ad Litem Reporting Officers (Panels) Regulations 1991 (1991 No 205) 9 - Children Act 1989 41(9) - Family Proceedings Rules 1991 (1991 No 1247) 4.23
Regina v Westminster London Borough Council ex parte Al-Khorsan; QBD 14-Dec-1999 - Times, 21 January 2000; [1999] EWHC 835 (Admin); (2001) 33 HLR 6
Jones v Waveney District Council; CA 17-Dec-1999 - Times, 22 December 1999; Gazette, 17 December 1999
