[2013] UKFTT EA – 2012 – 0071 (GRC Bailii Freedom of Information Act 2000 Information Updated: 26 November 2021; Ref: scu.517817
The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State’s reaction to the judges comments at … Continue reading Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999
Judges: Forbes J Citations: [2007] EWHC 514 (Admin) Links: Bailii Statutes: Children (Leaving Care) Act 2000 Jurisdiction: England and Wales Citing: Cited – Regina (Behre and Others) v Hillingdon London Borough Council Admn 29-Aug-2003 Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they … Continue reading Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007
Judges: Bean J Citations: [2005] EWHC 1577 (Admin) Links: Bailii Statutes: Local Government Act 2000 57 Jurisdiction: England and Wales Local Government Updated: 20 December 2022; Ref: scu.229053
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The complainant requested information from Lanteglos by Fowey Parish Council (‘the parish council’). He asked for copies of documents sent by the parish council to Cornwall Council that had resulted in a particular email being sent to him. The parish council initially refused to confirm or deny whether the information was held. It subsequently relied … Continue reading Lanteglos By Fowey Parish Council (Local Government (Parish Council)) FS50566913: ICO 11 Mar 2015
The complainant has requested information relating to complaints/grievances about four managers at FOS. FOS refused to confirm or deny whether the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that FOS was correct to neither confirm nor deny whether the requested information was held … Continue reading Financial Ombudsman Service (Local Government (Other)): ICO 24 Jun 2015
The complainant has requested information about which company supplied indemnity cover to the [named company] during the period of 2009 and 2010. The Financial Conduct Authority (FCA) refused to provide the requested information under section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FCA correctly applied section 44(2) … Continue reading Financial Conduct Authority (Local Government (Other)): ICO 30 Mar 2015
The complainant requested from Creech St Michael Parish Council (‘the council’) a copy of a recording made at a meeting when the sale of an area of land known as Merlyn’s Copse was discussed. The council initially relied on the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 (‘the EIR’) to withhold the … Continue reading Creech St Michael Parish Council (Local Government (Parish Council)): ICO 23 Feb 2015
The complainant requested various items of information relating to railway sleepers placed along one edge of an access road into a car park owned by Eynsford Parish Council (‘the council’). The council said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Information Commissioner’s decision is … Continue reading Eynsford Parish Council (Local Government (Parish Council)): ICO 23 Mar 2015
The complainant has requested from West Suffolk Council information relating to the identity of an individual who made the initial referral for a Tree Preservation Order that was subsequently made by the Council. The Council withheld the requested information under section 40(2) of the Freedom of Information Act 2000. The Commissioner subsequently identified that the … Continue reading West Suffolk Council (Local Government): ICO 28 Oct 2021
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
On 11 September 2007 the complainant requested from The Commission for Local Administration in England (‘CLAE’) copies of legal guidance provided to it by the Department for Communities and Local Government (the ‘DCLG’), the CLAE’s external auditors and/or the Information Commissioner (the ‘Commissioner’) relating to its handling of requests under the Freedom of Information Act … Continue reading Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
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
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003
Application was made for permission for an A2 use on land for which permission had previously been granted for A1 use. The Secretary of State reversed the inspector’s decision on the basis that he had failed to follow the necessary sequence of tests. Held: The questions at issue as to the appropriateness of the site … Continue reading JJ Gallagher Ltd v Secretary of State for Transport, Local Government and the Regions and another: QBD 23 Aug 2002
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004
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
Judges: [2009] PTSR CS28 Citations: [2009] EWHC 72 (Admin), [2010] BLGR 354, [2009] PTSR CS28 Links: Bailii Statutes: Local Government Act 2000 Jurisdiction: England and Wales Local Government Updated: 23 November 2022; Ref: scu.347067
The complainant has requested information with regards to trustees. The council responded to the complainant, but the complainant did not consider the council was clear as to whether it held the information requested or not. The Commissioner’s decision is that the council has breached section 1(1) of the FOIA as it has not confirmed to … Continue reading Potto Parish Council (Local Government): ICO 19 Dec 2019
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
Citations: [2007] EWHC 835 (Admin) Links: Bailii Statutes: Local Government Act 2000 79(15) Jurisdiction: England and Wales Local Government Updated: 19 November 2022; Ref: scu.251461
The complainant requested information relating to benefit fraud allegations and investigations from Norwich City Council (‘the council’). The council refused to provide the information, relying on the exemptions under section 40(2) and 41(1) of the Freedom of Information Act 2000 (‘the FOIA’). These exemptions relate to personal data and information provided in confidence. The Commissioner’s … Continue reading Norwich City Council (Local Government (City Council)): ICO 25 Jun 2015
Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they were 18. They claimed a duty under the 200 Act to continue to assist them. Held: Under the 2000 Act a duty was owed to a ‘former relevant child’ – a person who had … Continue reading Regina (Behre and Others) v Hillingdon London Borough Council: Admn 29 Aug 2003
The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents. Held: The judge had been correct to find that family circumstances might justify not following the rules in Northamptonshire and Plymouth, but the case was not … Continue reading H (Child), Re (Care Order: Appropriate Local Authority): CA 18 Nov 2003
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent … Continue reading A, B v Essex County Council: QBD 18 Dec 2002
Citations: [2003] EWCA Civ 508 Links: Bailii Statutes: Child Support, Pensions and Social Security Act 2000 Jurisdiction: England and Wales Local Government, Benefits, Housing Updated: 31 October 2022; Ref: scu.181157
The complainant requested the contact details of particular members of the remuneration panel at Fylde Borough Council (‘the council’) who the complainant referred to as ‘independent advisors’. The council refused to provide the information using section 40(2) of the Freedom of Information Act 2000 (‘the FOIA’). This exemption relates to personal data. The Commissioner’s decision … Continue reading Fylde Borough Council (Local Government (Borough Council)): ICO 25 Jun 2015
The complainant has requested information concerning the findings of a review carried out by external solicitors into the handling of an employment matter by Thanet District Council. The Council provided the complainant with some of the information requested but withheld some of the information within scope of the request under Section 42 (legal professional privilege) … Continue reading Thanet District Council (Local Government): ICO 16 Jun 2021
An improvement grant made in respect of a house in multiple occupation, became repayable in whole, where the owner of the freehold took up residence in any part of the property. In applying for the grant the owner certified that part of the property would be available for active to someone not a family member. … Continue reading Brent London Borough Council v Patel and Another: ChD 30 Nov 2000
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
All agricultural and forest land transactions in Austria required approval by local and regional authorities (in the Tyrol, the Tyrol Real Property Transactions Commission), the aim being to preserve land for agriculture and forestry and avoid the proliferation of second homes. The applicatant association was formed to promote sound agricultural and forest property ownership and … Continue reading Osterreichische Vereinigung Zur Erhaltung, Starkung Und Schaffung v Austria: ECHR 28 Nov 2013
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012
The complainant requested information from Ribble Valley Borough Council (‘the Council’) about land at Chapel Hill, Longridge, in Lancashire. After initially considering the request under the Freedom of Information Act 2000 (FOIA), the Council provided some information, but withheld the majority of the requested information under section 31(1)(g) of the FOIA – Prejudicial to law … Continue reading Ribble Valley Borough Council (Local Government): ICO 24 Mar 2021
Judges: Patten J Citations: [2006] EWHC 27 (Ch) Links: Bailii Statutes: Pension Schemes Act 1993 151(4), Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 8 Jurisdiction: England and Wales Local Government, Employment Updated: 25 September 2022; Ref: scu.237911
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008
The applicant was an overstaying immigrant, and was to be returned to Jamaica. She had three children, the youngest of whom had been born in England. The council sought to pay the fares to return to Jamaica for the whole family rather than to have to pay the costs of housing for them. Held: The … Continue reading London Borough of Lambeth v Grant: CA 16 Dec 2004
The complainant has requested biographical information relating to case examiners. The General Medical Council (GMC) refused to provide the requested information citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the GMC has correctly applied section 40(2) of FOIA to … Continue reading General Medical Council (Local Government (Other)): ICO 22 May 2017
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders responsible for at least some of it? The local authorities now appealed. The … Continue reading Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: SC 2 Aug 2017
The complainant submitted a two-part request to Hastings Borough Council (the council) for certain information which it had received from a particular geotechnical company. The council confirmed that it did not hold information relevant to part 1 of the complainant’s request. It then went on to refuse part 2 of the request, referring to a … Continue reading Hastings Borough Council (Local Government) IC-52107: ICO 26 Mar 2021
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
The complainant has requested various information relating to the development of a crematorium. North Somerset Council refused the request as vexatious under section 14(1) of the Freedom of Information Act 2000, but subsequently informed the Commissioner that the request would fall under the Environmental Information Regulations 2004, and as such, sought to refuse the request … Continue reading North Somerset Council (Local Government): ICO 12 Sep 2019
The complainant submitted a number of requests to Taunton Deane Borough Council (the Council) relating to a grave as well as the Council’s Senior Bereavement Manager. The Council disclosed some information but withheld some under exemptions in the Freedom of Information Act 2000 (the Act): section 40(2) – third party personal data, and section 42(1) … Continue reading Taunton Deane Borough Council (Local Government (Borough Council)): ICO 18 May 2015
The complainant requested information about two different types of statutory notices issued by Hampshire County Council (the council) under the Highways Act 1980. The council issued a refusal notice to the complainant, initially citing section 12(1) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation the council revised its position, confirming that … Continue reading Hampshire County Council (Local Government): ICO 24 Mar 2021
The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal. Held: The court could examine the basis upon which the Secretary had made his decision. The Home Secretary is entitled to certify if, after reviewing the material, … Continue reading Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department: Admn 16 Apr 2003
The applicant challenged refusal of permission for his proposed one bedroom ‘earthship dwelling’. He ran an ostrich farm on the land, and wished to occupy it instead of the caravan presently occupies with temporary permission. Held: The appeal failed. The test of the inspector’s report was that the reasons given have to deal with the … Continue reading Rencher-Paine v Secretary of State for Communities and Local Government and Another: Admn 2 Mar 2011
The complainant has requested all minutes relating to meetings involving the ‘East Yorkshire Parent Carer Forum’ and East Riding of Yorkshire Council from a period of over two years. The Council stated that the entirety of this information was withheld under the exemption provided by section 36(2)(c) of the Freedom of Information Act 2000. The … Continue reading East Riding of Yorkshire Council (Local Government): ICO 11 Mar 2021
The complainant requested information relating to the proof which the council had of the ownership of a piece of land subject to a planning application in 2000. The council provided details of the planning application however it redacted the name provided in the declaration of the ownership of the property on the basis that that … Continue reading Huntingdonshire District Council (Local Government) IC-43727: ICO 17 Feb 2021
Application was made to quash an inspector’s decision. Held: An inspector’s decision was not to be challenged as to its facts. In any case where the expert tribunal is the fact finding body the threshold of Wednesbury unreasonableness or irrationality is a difficult obstacle for an Applicant to surmount. The difficulty is greatly increased in … Continue reading Newsmith Stainless Ltd, Regina (On the Application of) v Secretary of State for Environment, Transport and the Regions: Admn 1 Feb 2001
The claimant sought a declaration that the council had failed in its duty to provide him with an independent personal adviser. The council had appointed the same person to act as his personal adviser and also to prepare the statutory assessment and plan for his transition from care. Held: The Regulations envisaged the officer preparing … Continue reading Regina (J) v Caerphilly County Borough Council: QBD 12 Apr 2005
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
The claimant appealed against a disqualification imposed on him from becoming a local counsillor. Judges: Collins J Citations: [2010] EWHC 471 (Admin), [2010] BLGR 614 Links: Bailii Statutes: Local Government Act 2000 78B(4) Jurisdiction: England and Wales Local Government Updated: 15 August 2022; Ref: scu.402728
RATING – valuation – 2000 rating list – sewage treatment works – whether domestic properties and therefore not rateable – whether modern substitute comprising individual septic tank in each garden to be assumed – appropriate allowance for age and obsolescence – whether allowance at stage 5 justified – appeals dismissed save to extent conceded by … Continue reading Winchester City Council v Valuation Officer: LT 17 Jul 2006
Judges: Owen J Citations: [2009] EWHC 3283 (Admin) Links: Bailii Statutes: Non-Domestic Ratings (Collection and Enforcement) Local Lists Regulations 1989, Local Government Finance Act 1988 Citing: Cited – Sunworld Limited v Hammersmith and Fulham London Borough Council QBD 2000 The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, … Continue reading Vitesse Networks Ltd, Regina (on The Application of) v North West Wiltshire Magistrates Court: Admn 10 Dec 2009
The complainant requested information from Winster Parish Council (‘the Council’) relating to the cutting and collection of arisings from Winster Common. The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (EIR) rather than the Freedom of Information Act 2000 (FOIA). The Commissioner requires the Council to take … Continue reading Winster Parish Council (Local Government): ICO 13 Jun 2022
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009
Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was … Continue reading Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008
Appeal against suspension as local government councillor. Judges: Silber J Citations: [2006] EWHC 82 (Admin) Links: Bailii Statutes: Local Government Act 2000 79(15) Jurisdiction: England and Wales Local Government Updated: 24 July 2022; Ref: scu.238199
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
The complainant requested information relating to a planning application, held by Building Control, from Milton Keynes Council (‘the Council’). The Council initially responded under the Freedom of Information Act 2000 (‘the FOIA’) and provided some information, but withheld other information under various exemptions. After reconsidering the request under the EIR, the Council’s position was that … Continue reading Milton Keynes Council (Local Government): ICO 21 Jul 2020
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
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development. Held: The tribunal’s application of these difficult provisions to the complex facts of this case was exemplary. The appeal was allowed and the Court set aside the order of the Court of Appeal.‘the … Continue reading Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
A proposed ring road had been cancelled. The landowners applied for certificates of appropriate alternative development. The Minister confirmed the negative certificates which had been issued by the local planning authority. It was contended that the question whether planning permission might reasonably have been expected to be granted should be considered not as at the … Continue reading Jelson v Minister of Housing and Local Government: CA 1969
Judges: Lord Justice Ward Sir Christopher Staughton Lord Justice Dyson Citations: [2004] EWCA Civ 309 Links: Bailii Statutes: National Assistance Act 1948 21, Local Government Act 2000 2 Jurisdiction: England and Wales Immigration, Benefits Updated: 17 July 2022; Ref: scu.194579
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
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about the safety of their occupational (company) pension following the Maxwell affair.’ The … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 7 Feb 2008
The court dismissed an application by the council under section 288 of the Town and Country Planning Act 1990 seeking to quash a decision of the Secretary of State given by his duly appointed inspector by letter dated 19 February 2002. The inspector had allowed an appeal against a decision of the council on 5 … Continue reading South Bucks District Council and Another v Porter: Admn 17 Sep 2002
The claimant took part in a planning appeal, objecting to a development. After the appeal, the inspector agreed different conditions, but without allowing the claimant to be involved. He appealed. Held: The inspector was obliged to deal fairly. The claimant was not entitled as of right to attend but had done so, and the issues … Continue reading Jory v Secretary of State for Transport, Local Government and the Regions and another: Admn 12 Nov 2002
The complainant requested information from Milton Keynes Council (‘the council’) about whether there had been an application for adverse possession of a particular area of land. The council refused to respond to the request on the basis that it was vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The Commissioner’s … Continue reading Milton Keynes Council (Local Government (District Council)): ICO 21 Apr 2015
The complainant requested information from Newport City Council (the ‘Council’) regarding correspondence between an applicant and planning officers. The Council initially considered the information was exempt from disclosure under Section 40(2) (personal information) of the Freedom of Information Act 2000 (FOIA). During the course of the Commissioner’s investigation the Council amended its position relying on … Continue reading Newport City Council (Local Government): ICO 19 May 2022
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion. Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an employee. ‘The religious beliefs of a community may be such that their manifestation does not … Continue reading The New Testament Church of God v Reverend Stewart: CA 19 Oct 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008
The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road. Held: The result of the council’s decisions was to leave a ransom strip. Whilst … Continue reading London Borough of Bexley v Maison Maurice Ltd: ChD 15 Dec 2006
The claimant challenged a finding that as Mayor of London offensive remarks he had made to a journalist as he was pursued leaving a private party had brought his office into disrepute. Held: The appeal succeeded. Though the remarks may have reduced the claimant’s personal standing, they had insufficient connection with his position to be … Continue reading Livingstone v The Adjudication Panel for England: Admn 19 Oct 2006
Objection was made to the use of an expert witness who had formerly been a senior employee of the defendant. Held: The court set out criteria for testing the independence of a proposed expert witness: ‘i) It is always desirable that an expert should have no actual or apparent interest in the outcome of the … Continue reading Armchair Passenger Transport Ltd v Helical Bar Plc and Another: QBD 28 Feb 2003
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected. Held: The freemasonry interests had been declared. A possibility of bias might be seen, but a fair minded and informed observer having regard … Continue reading Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society: Admn 5 Apr 2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
The applicant a local councillor challenged a decision of the respondent, the ethical standards officer to disqualify him. He had made remarks about the deaths of british soldiers in Northern Ireland, which had been found to be disrespectful and deeply offensive. Held: Though a councillor, the applicant must still have the freedom of speech of … Continue reading Saunders v Kingston: QBD 7 Jun 2005
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire vehicles in a controlled district without a current operator’s licence under section 55 of the 1976 Act contrary to … Continue reading Brentwood Borough Council v Gladen: Admn 28 Oct 2004
Permission was sought for a McKenzie friend to address the court. Peter Gibson LJ said: ‘In accordance with the overriding objective of the CPR and to avoid the waste of today’s hearing, attended as this court had earlier directed, by counsel for the defendants, we took the exceptional course in this highly unsatisfactory situation of … Continue reading Mensah v Islington Council and Another: CA 1 Dec 2000
The complainant requested information relating to Stoke-on-Trent City Council’s (the Council) Framework Agreement for the provision of domiciliary care and carer support for younger adults and older people. The Council provided what it considered to be the extent of the information held. Some information was redacted under section 40(2) of the Freedom of Information Act … Continue reading Stoke-On-Trent City Council (Local Government (City Council)): ICO 18 Mar 2015
The complainant requested information relating to council tax from Thurrock Council (the Council). The Council provided some information and stated that nothing further was held. During the course of the Commissioner’s investigation further information was provided to the complainant. The Commissioner’s decision is that it is likely on the balance of probabilities that the Council … Continue reading Thurrock Council (Local Government (Borough Council)): ICO 10 Mar 2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
A petrol station operated with an area to display and sell cars. Sales stopped in 1961 when the owner died. His son was thought too young and inexperienced son to be involved in car sales. Sales were resumed in 1965 when a new owner acquired the site. The court was asked whether that 1965 resumption … Continue reading Hartley v Minister of Housing and Local Government: CA 1970
The complainant has requested information from Middlesbrough Council (‘the Council’) regarding a particular Remand Home in Middlesbrough. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 1(1)(a) and section 10(1) of the Freedom of Information Act 2000 (FOIA). The Commissioner requires … Continue reading Middlesbrough Council (Local Government): ICO 30 Jan 2019
Mr Betts applied to Eastleigh for accommodation under the 1977 Act. They said that he had no local connection and referred his application to Blaby where the applicant and his family had formerly been living. Blaby accepted the referral and offered accommodation, but he refused it and made a further application to Eastleigh. In relation … Continue reading Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: HL 27 Jul 1983
A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: ‘ . . . in building Little Heck Bridge on … Continue reading Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003