Tag Archives: Local Government

Westminster Bank Limited -v- The Minister for Housing and Local Government, Beverley Borough Council; HL 1971

The Bank’s application for planning permission was refused on the grounds that the development might prejudice the possible future widening of a road. The local authority could have prescribed a building line in accordance with a provision of the Highways … Continue reading

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Filed under Local Government, Planning

Wandsworth London Borough Council -v- Winder; HL 1985

Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He … Continue reading

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Filed under Housing, Judicial Review, Local Government

NM, Regina (on The Application of) -v- London Borough of Islington and Others; Admn 29-Feb-2012

The claimant sought judicial review of the refusal of the respondent to conduct a review of his needs for care on his anticipated release from prison.

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Filed under Local Government

Roe -v- Sheffield City Council and others; CA 17-Jan-2003

The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating … Continue reading

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Filed under Local Government, Personal Injury, Transport

O’Connor and Another -v- Wiltshire County Council; CA 9-May-2007

The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been and … Continue reading

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Filed under Land, Local Government, Nuisance

Hazell -v- Hammersmith and Fulham London Borough Council; HL 1991

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.Held: The arrangements … Continue reading

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Filed under Financial Services, Local Government

Brown -v- Nelson and others; 1971

A pupil at an approved school, went on an Outward Bound confidence course which included riding on a cable and pulley slung between two trees. From the cable hung a knotted rope. When the pupil got onto the rope, in … Continue reading

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Filed under Local Government

Regina -v- Richmond Upon Thames London Borough Council, ex parte McCarthy & Stone (Developments) Ltd; HL 14-Nov-1991

A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and ultra … Continue reading

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Filed under Litigation Practice, Local Government

National Secular Society and Another, Regina (on The Application of) -v- Bideford Town Council; Admn 10-Feb-2012

The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council: ‘S111 is the statutory expression of … Continue reading

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Filed under Ecclesiastical, Human Rights, Local Government

Lancashire County Council -v- Municipal Mutual Insurance Ltd; CA 3-Apr-1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that … Continue reading

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Filed under Insurance, Local Government, Police, Torts - Other