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
The court considered the power of the Secretary of state to vary or amend an enforcement notice under the Act. Held: He could amend a notice which was otherwise invalid but not one which was upon its face a nullity. Lord Denning MR said: ‘He can correct errors so long as having regard to the … Continue reading Miller-Mead v Minister for Housing and Local Government and Another: CA 1963
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. Held: There now exists no power in the courts to create new criminal offences. A new criminal offence could … Continue reading Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions: HL 1972
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
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
Whether remote access council meeting was held in public Dame Victoria Sharp P, Chamberlain J [2021] EWHC 1145 (Admin), [2021] 1 WLR 3742, [2021] WLR(D) 263 Bailii, WLRD Local Government Act 1972 England and Wales Local Government Updated: 12 January 2022; Ref: scu.662346
The defendant had been convicted of knowingly living on the earnings of prostitution contrary to section 30(1) of the Sexual Offences Act 1956. Held: The Commission rejected as manifestly ill-founded the applicant’s challenge to this provision as incompatible with article 6(2). It created a rebuttable presumption which the defendant could disprove, and was not a … Continue reading X v United Kingdom: ECHR 1972
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to remove the requirement for confirmation and to add to the list of legislation which might be … Continue reading Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012
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ICO The complainant has requested the details of all cases over the last 10 years where the council has exercised its powers of appropriation under section 122 of the Local Government Act 1972 for planning . .
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The local authority sought an injunction to restrain the respondent Gypsies from use of land they owned, for residential caravans. The Gypsies had used the site, in breach of planning control, for a number of years. The judge had refused an injunction because of the personal circumstances of the respondents. Held: The court considered the … Continue reading Hambleton District Council v Bird: CA 1995
The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him. Held: The … Continue reading Sheffield City Council v Ali: Admn 7 Jul 2005
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
A Local Authority involved in a boundary change has power to make a deal with a neighbouring authority over land. Citations: Gazette 05-Mar-1997, Times 25-Feb-1997 Statutes: Local Government Act 1972 68 Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council QBD 14-Dec-1995 … Continue reading Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: CA 25 Feb 1997
Notice to quit was not serveable at last known address of the defendant without specific power. Citations: Times 12-Dec-1996, [1996] EWCA Civ 1048 Statutes: Local Government Act 1972 233 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 03 November 2022; Ref: scu.80329
The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association. Held: A Local Authority had no power to guarantee a loan to an unregistered housing association. Section 111(1) of the 1972 Act could not be … Continue reading London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd: CA 24 Oct 1996
Three local authorities disputed whether a contract had been made between them, and if so its terms, as to the financial support of a leisure centre. Held: Later legislation need not frustrate agreement between the parties.Hirts LJ said: ‘the agreement was in my judgment frustrated by supervening illegality . . the parties having covenanted to … Continue reading Islwyn Borough Council and Another v Newport Borough Council: CA 28 Jun 1993
The company appellant, E, wished to develop its land. The Council had declared it to be a conservation area. E said that they had not given the necessary notice of the meeting of the sub-committee at which the initial decision had been made. E appealed against a finding that due notice had been given. Held: … Continue reading Regina v Swansea City Council, ex parte Elitestone Ltd: CA 5 May 1993
The local council had acquired land for open space purposes. It subsequently appropriated the land for industrial and employment purposes. But the land continued to be used for recreation. On an application to register the land as a town or village green, the inspector held that it could be inferred from the council’s conduct that … Continue reading Goodman, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs: Admn 30 Jul 2015
The complainant made a verbal request for information from the Council in relation to the strengthening and replacement of a local bridge. The Council considered the request under the Act and stated that the three reports requested were exempt from disclosure by virtue of the Local Government Act 1972. The Council later confirmed its reliance … Continue reading Conwy County Borough Council (Decision Notice) FS50320293: ICO 10 Feb 2011
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
Judges: Bidder QC J Citations: [2011] EWHC 1680 (Admin) Links: Bailii Statutes: Local Government Act 1972 250(5), Town and Country Planning Act 1990 320 Jurisdiction: England and Wales Costs, Planning, Local Government Updated: 15 September 2022; Ref: scu.441444
LRA Former highways and the medium filum rule – acquisition of an easement for parking – Law of Property (Miscellaneous Provisions) Act 1989 s2 – Law of Property Act 1925 s62 – Local Government Act 1972, s 132(2A) – Local Government Organisation (Property) Order 1986 – Stopping-Up of Highways (London Borough of Tower Hamlets) (No. … Continue reading The Mayor and Burgesses of The London Borough of Tower Hamlets v Barrett: LRA 4 Feb 2009
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 district auditor declared that payments made by the Council under an ‘enhanced voluntary severance scheme’, established by it in connection with its policy of not making employees compulsorily redundant, were unlawful. The payments were considerably in excess of the amounts which the council was obliged to pay under the employment legislation. Held:The Council did … Continue reading Allsop v North Tyneside Metropolitan Borough Council: CA 1991
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 … Continue reading Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999
Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the tender toaward the contract to the mutual company. Held: Brent had no power under either section 111 of the … Continue reading Risk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent: Admn 22 Apr 2008
The claimant applied for a review of a decision by the respondent council not to sell it land. Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to consider what was in the interest of the Council. And in reaching its … Continue reading Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council: Admn 25 Aug 2006
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
Land had been owned by the authority and used as a children’s home. After a boundary change taking the land outside its area, it sought to sell the land for development. The neighbours, claiming the benefit of a restrictive covenant allowing only one house on the land, objected. Using the 1972 Act, the authority purported … Continue reading London Borough of Sutton v Bolton and Another: ChD 3 Feb 1993
The council set up a scheme requiring door security workers to be licensed, as a condition of the grant of entertainment licences. The applicant so worked but was not aware of the scheme. He challenged the introduction of the scheme. It was asserted that there existed no power to attach such conditions to licenses. The … Continue reading Regina v Liverpool City Council ex parte Barry: CA 21 Mar 2001
Citations: [2018] EWCA Civ 2252 Links: Bailii Statutes: Local Government Act 1972 Jurisdiction: England and Wales Local Government, European Updated: 30 May 2022; Ref: scu.625965
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
The authority entered into interest rate swap agreements, whose validity was challenged. The court considered what were the functions of a local authority within the Act. ‘We agree with the Divisional Court that in [section 111(1)] the word ‘functions’, which is accompanied by no statutory definition, is used in a broad sense, and is apt … Continue reading Hazell v Hammersmith and Fulham London Borough Council: CA 2 Jan 1990
The authority had two offers for the purchase of land. One was for less, but proposed greater employment opportunities, the value of which they felt made up for the lower consideration. The Act did not allow the local authority to take such additional returns to the community into account, and should have accepted the greater … Continue reading Regina (On the Application of Lemon Land Ltd) v Hackney London Borough Council: Admn 11 May 2001
The disposal of land in a conveyance, for the purposes of the Act, takes place on the transfer and not on exchange of contracts. The authority set out to sell land by auction but before the auction decided to accept an offer from the tenants. Before exchange the applicants offered a larger sum, but the … Continue reading Regina (Structadene Limited) v Hackney London Borough Council: Admn 19 Oct 2000
The claimant challenged a scheme for licensing door staff on licensed premises within the city. Held: Given the length of time for which the scheme had been in place, it was now inappriate to grant relief even if the scheme igt have been unlawful. Judges: Maurice Kay J Citations: [2000] EWHC Admin 321 Links: Bailii … Continue reading Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000
Citations: [1999] EWHC Admin 743 Links: Bailii Statutes: Local Government Act 1972 Citing: See Also – Director of Public Prosecutions v Armstrong-Braun Admn 5-Oct-1998 A building site was subject to a requirement to move great crested newts before work could proceed. The defendant, a local councillor interfered to prevent a digger destroying the land until … Continue reading Regina v Flintshire County Council ex parte Armstrong-Braun: Admn 27 Jul 1999
Citations: [1998] EWHC Admin 29 Links: Bailii Statutes: Local Government Act 1972 122 Local Government Updated: 27 May 2022; Ref: scu.138150
Challenge to appropriation of land enjoyed as recreation land to use for arts centre. Citations: [1997] EWHC Admin 1130 Links: Bailii Statutes: Local Government Act 1972 122 Jurisdiction: England and Wales Local Government Updated: 26 May 2022; Ref: scu.138075
It was permissible to look beyond terms of an order to see what property was intended to be affected. Citations: Times 11-Mar-1994 Statutes: Local Government Act 1972 51(2) Jurisdiction: England and Wales Local Government Updated: 26 May 2022; Ref: scu.87782
Judges: Mr Justice Burton Citations: [2013] EWHC 1407 (Admin) Links: Bailii Statutes: Local Government Act 1972 122 Jurisdiction: England and Wales Land, Local Government Updated: 23 May 2022; Ref: scu.510801
Judges: Forbes J Citations: Gazette 14-Mar-2002 Statutes: Town and Country Planning Act 1990 320 (2), Local Government Act 1972 259(5) Jurisdiction: England and Wales Planning, Costs Updated: 19 May 2022; Ref: scu.167981
A local council introduced a standing order to the effect that an item could not be placed on an agenda without being seconded. In doing so it had failed entirely to consider the fundamental effect this would have on democracy. Independent members and others seeking to be critical could find themselves unable to put unpopular … Continue reading Regina v Flintshire County Council, Ex Parte Armstrong-Braun: CA 20 Feb 2001
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 vires. A power to charge did not arise by necessary implication. The words ‘necessary implication’ … Continue reading Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd: HL 14 Nov 1991
The local authority had accepted the argument that stag hunting was cruel and had banned it from the land it owned in the Quantocks. The ban was challenged. Held: The ban was unlawful. The decision had been reached on moral, and not on administrative grounds. The purposes it sought to implement were not within the … Continue reading Regina v Somerset County Council Ex Parte Fewings and Others: CA 22 Mar 1995
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
An action was brought for for negligence and/or breach of statutory duty under the 1936 Act. The plaintiff alleged that Melford Rural District Council (‘Melford’: the Defendant Council’s predecessor) had failed to inspect with reasonable care the foundations of the house that he was building. However, by the time the plaintiff noticed the defects, Melford … Continue reading Walters v Babergh District Council: 1983
Contract – ultra vires – power of local authority to grant an indemnity – power of local authority to borrow – acquiring the use of borrowed money Judges: Phillips J Citations: Unreported, 06 April 1995 Statutes: Local Government Act 1972 111, Local Government (Miscellaneous) Provisions Act 1976 19(1) Jurisdiction: England and Wales Contract, Local Government … Continue reading City Leisure (Holdings) Ltd v Lord Mayor and Citizens of the City of Westminster: ComC 6 Apr 1995
Two senior and long term employees of the Council proposed voluntary early redundancy. After discussions, their contracts were varied with enhanced pay so that they would also have enhanced pensions and redundancy payments. Such enhancing agreements were not part of any long term policy of the Council, but were negotiated ‘one-off’ at a time when … Continue reading Hinckley and Bosworth Borough Council v Shaw: QBD 2000
On 1 May a sub-committee held a meeting at which land was declared to be a conservation area. Under the Act, the agenda had been open for inspection for three clear days. They were available from April 26, and there was no suggestion that they had not been available for any part of that working … Continue reading Regina v Swansea City Council, ex parte Elitestone Ltd: QBD 1993
A police authority can contract out its vehicle recovery duties, provided the act did not involve a delegation of its duties, and it remained responsible. Citations: Times 31-May-1996 Statutes: Local Government Act 1972 111(1) Local Government, Police Updated: 11 May 2022; Ref: scu.86761
The case concerned the audit of local authority accounts by a district auditor. The court considered the meaning of ‘wilful misconduct’ within the section. Held: Wilful misconduct means ‘deliberately doing something which is wrong knowing it to be wrong or with reckless indifference as to whether it is wrong or not’. Judges: Webster J Citations: … Continue reading Graham v Teesdale and Another: 1981
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
Parliament had made detailed provision in a number of Acts for the discharge of the housing duties by local authorities. These detailed provisions did not contain a power to give a guarantee in connection with a bank loan to a company which the local authority had formed to assist in the acquisition and development of … Continue reading Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996
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 claimant local councillor sought judicial review of a decision to restrict her conduct at the Council. She had been accused of bullying in her dealing with officials and other councillors. Held: The claim succeeded. The Council had failed to conduct the investigation in the manner required. The court identified several elements of the necessary … Continue reading Harvey, Regina (on The Application of) v Ledbury Town Council and Another: Admn 15 May 2018
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
A guarantee of loan to a non-registered housing association was ultra vires. Citations: Times 23-Mar-1995 Statutes: Local Government Act 1972 Jurisdiction: England and Wales Cited by: Appeal from – London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough … Continue reading Morgan Grenfell and Co Ltd v Sutton London Borough Council: QBD 23 Mar 1995
Swap deals outwith Council powers 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, there being no express power in the relevant legislation. Held: The arrangements … Continue reading Hazell v Hammersmith and Fulham London Borough Council: HL 1991
A Local Authority could include ethical considerations in making a decision to ban hunting over land which it owned if the power which it sought to use was in the Act. Citations: Times 10-Feb-1994, Independent 16-Feb-1994 Statutes: Local Government Act 1972 120(1)(b) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Somerset County … Continue reading Regina v Somerset County Council ex parte Fewings and Others: QBD 10 Feb 1994
The Secretary of State may appoint an arbitrator to decide between local authorities on a land transfer dispute on a re-organisation of local government. Citations: Times 14-Dec-1995 Statutes: Local Government Act 1972 68 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary of State for the Environment Ex Parte Sutton London Borough … Continue reading Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: QBD 14 Dec 1995
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 complainant requested a copy of an internal audit report prepared by the public authority. The request was initially refused by the public authority, citing the exemptions at sections 40, 41 and 42 of the Act. In its response to a request for internal review, the public authority released some information but stated that, in … Continue reading Vale of Glamorgan Council (Decision Notice): ICO 30 Jul 2007
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 appealed against a finding that it had not validly served a notice on the respondent under section 215 of the 1990 Act. Judges: Arden, Lewison LJJ Citations: [2017] EWCA Civ 50, [2017] WLR(D) 91 Links: Bailii, WLRD Statutes: Town and Country Planning Act 1990 215 329, Local Government Act 1972 233 Jurisdiction: England … Continue reading Oldham Metropolitan Borough Council v Tanna: CA 10 Feb 2017
Judges: Holroyde J Citations: [2017] EWHC 96 (QB) Links: Bailii Statutes: Local Government Act 1972 22 Jurisdiction: England and Wales Crime Updated: 29 January 2022; Ref: scu.573797
The issue before the courts was whether, in the absence of any express power authorising the Council to do so, the Council was within its power under s 111(1) of the Local Government Act 1972 to enter into certain swap transactions;‘The fact that subsection (1) is expressly made subject to ‘the provisions of this Act’ … Continue reading Hazell v Hammersmith and Fulham London Borough Council: QBD 1990
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
Builder’s Guarantee Ultra Vires LA The council set out to provide a swimming pool using powers under s.19 of the 1976 Act. Purporting to use powers under s.111 of the 1972 Act, it set up a company to develop a site by building a leisure pool and time-share units, with a view to selling the … Continue reading Credit Suisse v Allerdale Borough Council: CA 20 May 1996
UTLC HOUSING – ENFORCEMENT ACTION – improvement notice – request for extension of time to appeal – criteria to be applied – para. 14(3), Sch. 1, Housing Act 2004 – proof of service by post – s. 233, Local Government Act 1972 – s. 7, Interpretation Act 1978 – appeal allowed Martin Rodger QC, DP … Continue reading Nottingham City Council v Tyas: UTLC 3 Oct 2013
Planning Committee arrangements were lawful The claimants objected to the grant of planning permission for three wind turbines, saying that the council’s constitution was unlawful, in that the powers delegate to area planning committees required a two thirds majority for their exercise, where the Act required only a majority. Held: The arrangement was not unconstitutional. … Continue reading The Friends of Hethel Ltd, Regina (on the application of) v Ecotricity: Admn 12 Nov 2009
The parties disputed the application and interpretation of ancient statues relating to allotments. The land had been appropriated to allotments under the 1945 Act. The Council had argued that it had a power of sale under the 1908 Act subject to consent under the 1925 Act. Held: The Council was correct in seeking the consent … Continue reading Snelling and Another v Burstow Parish Council: ChD 24 Jan 2013
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, and the action was ultra vires: ‘S111 is the statutory expression of the powers implied by common law for corporations. … Continue reading National Secular Society and Another, Regina (on The Application of) v Bideford Town Council: Admn 10 Feb 2012
The court considered whether the lease of part of Doncaster Common (not registered as such) fell within section 123(2A) of the 1972 Act. Held: For over a century the public had, as of right, used Doncaster Common for what could be conveniently termed recreation. Even if the public’s use depended upon a bare licence, the … Continue reading Regina v Doncaster Metropolitan Borough Council ex parte Braim: 1986
The claimant challenged the policy of the respondent council to replace many established trees along streets in the City. Held: Permission to apply for review was refused: ‘Some concern has been expressed by objectors to the scheme that, in some cases, a street has lost all of its trees. Some realism is required. Trees are … Continue reading Dillner, Regina (on The Application of) v Sheffield City Council: Admn 27 Apr 2016
Appropriation was not in sufficient form The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed. Held: The appeal failed. The use of the … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020
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
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
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The court considered the conditions under which the respondent authority replied to all enquiries as to properties within its area. The replies were given by a standardised all inclusive information sheet derived from a central database. The . .
The cliamant said that the defendant council had sold land to a competitor for other than the best price available. . .
The claimant had tripped on a footpath on a housing estate. There was a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were both the local housing authority and . .
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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Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
The court was asked whether the council held land as public open space. Its predecessor had acquired the land for that purpose in 1926, and had used it as such. During the war, part of the land had been temporarily appropriated for allotment purposes under powers contained in Defence Regulations. By the late 1970s the … Continue reading Day, Regina (on The Application of) v Shrewsbury Town Counci and Another: Admn 19 Dec 2019
The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the decision maker alone. Lord Clyde said: ‘In the practical application of section 18A, it will obviously … Continue reading City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997
The complainant has requested all the information held by the ICO that guides the ICO’s interpretation of any aspect of ‘Schedule 12A of the Local Government Act (LGA) 1972’. The ICO refused to comply with the request citing section 12 of FOIA. The Commissioner’s decision is that the ICO is entitled to rely on section … Continue reading Information Commissioner’s Office (Other) 94169: ICO 5 Jan 2022
