The court considered a refusal by the minister to hear further representations from local authorities with regard to their rate support grants: ‘it would of course have been unrealistic not to accept that it is certainly probably that, if the representations had been listened to by the Secretary of State, he would have nevertheless have adhered to his policy. However, we are not satisfied that such a result must inevitably have followed . . It would in our view be wrong for this court to speculate as to how the Secretary of State would have exercised his discretion if he had heard the representations . . we are not prepared to hold that it would have been a useless formality for the Secretary of State to have listened to the representations . .’
Judges:
Ackner LJ
Citations:
[1982] 1 QB 593
Jurisdiction:
England and Wales
Cited by:
Cited – Capenhurst and Others, Regina (on the Application Of) v Leicester City Council Admn 15-Sep-2004
The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair.
Held: Even if it was not bound to consult, if the authority . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 16 August 2022; Ref: scu.213649
