1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
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 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:  EWHC Admin 321 Links: Bailii … Continue reading Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000
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
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
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
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 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
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
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
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
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 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
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
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 . .
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 . .
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires. Held: Property rights protected under the Convention included such rights. The concept of ‘possessions’ in Art. 1 includes a legitimate … Continue reading Stretch v The United Kingdom: ECHR 24 Jun 2003
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
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
A Local Authority’s guarantee for its own company was void, having been given for impermissible reasons. Independent 17-Jun-1994 England and Wales Cited by: Appeal from – Credit Suisse v Allerdale Borough Council CA 20-May-1996 Builder’s Guarantee Ultra Vires LA The council set out to provide a swimming pool using powers under s.19 of the 1976 … Continue reading Credit Suisse v Allerdale Borough Council: QBD 17 Jun 1994
Short issue as to the requirements for valid ‘service’ of a completion notice so as to bring a newly completed building within liability for non-domestic rates. The notice had been served by email where no statutory authority existed for this. Held: The LA’s appeal succeeded. ‘Against the background of the detailed scheme established by or … Continue reading UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018
Identifying ‘maandatory’ and ‘regulatory’ The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused. Held: The House considered the consequences of a failure to comply with a procedural requirement, … Continue reading London and Clydeside Estates v Aberdeen District Council: HL 8 Nov 1979
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
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 . .