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Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

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

Kennedy v The Charity Commission: SC 26 Mar 2014

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

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

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

Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

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

Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009

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

Winster Parish Council (Local Government): ICO 13 Jun 2022

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

Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000

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

Jones v Welsh Assembly Government: Admn 15 Dec 2008

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

Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007

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

McKennitt and others v Ash and Another: QBD 21 Dec 2005

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

Milton Keynes Council (Local Government): ICO 21 Jul 2020

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

Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999

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

Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017

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

The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

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

Jelson v Minister of Housing and Local Government: CA 1969

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

Risk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent: Admn 22 Apr 2008

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

Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 7 Feb 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

South Bucks District Council and Another v Porter: Admn 17 Sep 2002

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

Jory v Secretary of State for Transport, Local Government and the Regions and another: Admn 12 Nov 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

Milton Keynes Council (Local Government (District Council)): ICO 21 Apr 2015

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

Newport City Council (Local Government): ICO 19 May 2022

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 New Testament Church of God v Reverend Stewart: CA 19 Oct 2007

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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

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 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

London Borough of Bexley v Maison Maurice Ltd: ChD 15 Dec 2006

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

Livingstone v The Adjudication Panel for England: Admn 19 Oct 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

Armchair Passenger Transport Ltd v Helical Bar Plc and Another: QBD 28 Feb 2003

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

Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society: Admn 5 Apr 2006

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

Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 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

Van Colle v Hertfordshire Police: QBD 10 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

Saunders v Kingston: QBD 7 Jun 2005

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

Brentwood Borough Council v Gladen: Admn 28 Oct 2004

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

Mensah v Islington Council and Another: CA 1 Dec 2000

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

Stoke-On-Trent City Council (Local Government (City Council)): ICO 18 Mar 2015

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

Thurrock Council (Local Government (Borough Council)): ICO 10 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

The United States of America v Nolan: SC 21 Oct 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

Hartley v Minister of Housing and Local Government: CA 1970

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

Middlesbrough Council (Local Government): ICO 30 Jan 2019

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

Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: HL 27 Jul 1983

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

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

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

Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003

The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land … Continue reading Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd: CA 21 Jul 2003

The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions: CA 25 Jun 2003

Regulations specifying the tolls for the Humber Bridge did not mention a charge for large buses. Held: The same rules had to be applied in construing statutory instruments as applied in construing statutes. The explanatory note issued with the Regulation made it clear beyond peradventure that the ommission was a clerical error, and the Regulation … Continue reading The Confederation of Passenger Transport UK v The Humber Bridge Board and the Secretary of State for Transport Local Government and the Regions: CA 25 Jun 2003

Appleby and Others v The United Kingdom: ECHR 6 May 2003

The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The claimants complained of interference with their rights to free speech and expression, saying a public authority … Continue reading Appleby and Others v The United Kingdom: ECHR 6 May 2003

Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated. Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. The licences were stated to be non-exclusive, but the law of rating looks … Continue reading Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003

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 the effects of the 1870 Act. Held: The 1988 Act did not provide a full … Continue reading Roe v Sheffield City Council and others: CA 17 Jan 2003

Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002

The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale. Held: The 1985 Act made no reference to … Continue reading Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002

Smith and Another v South Gloucestershire Council: CA 31 Jul 2002

The claimants purchased land. The local search did not reveal a planning permission which affected the value of the property by applying an occupancy condition. He claimed compensation. Compensation was eventually agreed to be payable, but the parties did not agree as to the time at which the damage was to be assessed. At the … Continue reading Smith and Another v South Gloucestershire Council: CA 31 Jul 2002

Willers v Joyce and Another (Re: Gubay (Deceased) No 2): SC 20 Jul 2016

The Court was asked whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or the Supreme Court or Court of Appeal) on an earlier occasion. Held: The court set out the position in law and … Continue reading Willers v Joyce and Another (Re: Gubay (Deceased) No 2): SC 20 Jul 2016

Regina v Kirklees Metropolitan Borough Council ex parte Beaumont and others: QBD 22 Nov 2000

Local councillors who sat as governors of one school should not have voted on a motion regarding the closure of a neighbouring school. They had a clear, if indirect, financial interest in the issue and should have declared the interest and declined to vote. Membership of a school governors council was not listed in the … Continue reading Regina v Kirklees Metropolitan Borough Council ex parte Beaumont and others: QBD 22 Nov 2000

Mohamed v Hammersmith and Fulham London Borough Council: HL 1 Nov 2001

Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under section 193. The authority told Mrs M that they accepted a duty to … Continue reading Mohamed v Hammersmith and Fulham London Borough Council: HL 1 Nov 2001

Hatton and Others v United Kingdom: ECHR 2 Oct 2001

The appellants claimed that the licence of over-flying from Heathrow at night, by making sleep difficult, infringed their rights to a family life. The times restricting over-flying had been restricted. The applicants’ complaints fell within a positive duty on the state to take reasonable and appropriate measures to secure the applicants’ rights under article 8.1. … Continue reading Hatton and Others v United Kingdom: ECHR 2 Oct 2001

Commission v France C-16/98: ECJ 5 Oct 2000

ECJ (Judgment) Failure of a Member State to fulfil its obligations – Directive 93/38/EEC – Public works contracts in the water, energy, transport and telecommunications sectors – Electrification and street lighting works in the departement of the Vendee – Definition of work. Citations: [2000] EUECJ C-16/98 Links: Bailii Jurisdiction: European Cited by: Cited – Azam … Continue reading Commission v France C-16/98: ECJ 5 Oct 2000

Burridge v London Borough of Harrow and others: HL 27 Jan 2000

Parents sought to oblige the education authority to place their child at a school which could satisfy the special needs identified in the statement, and as expressed to be preferred by them. The authority resisted on the ground that it was not an efficient use of resources. Held: The statute set up separate schemes for … Continue reading Burridge v London Borough of Harrow and others: HL 27 Jan 2000

Eastbourne Borough Council v James Foster: CA 11 Jul 2001

An employee’s job ceased, but he continued to be employed by the same employer on different tasks, but the new arrangement was void as ultra vires. The question arose as to whether his employment had been terminated at the time of the change in such a way as to affect his pension rights under the … Continue reading Eastbourne Borough Council v James Foster: CA 11 Jul 2001

Regina v Liverpool City Council ex parte Barry: CA 21 Mar 2001

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

Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’ Judges: Lord Justice Peter Gibson, Sir Christopher Staughton Citations: [2000] EWCA Civ 357, … Continue reading Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

Preston Borough Council v McGrath: CA 12 May 2000

The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him. Held: The document had not been given to the police under compulsion, reducing their obligations. It was possible that they might have shown it to the … Continue reading Preston Borough Council v McGrath: CA 12 May 2000

DS RL v Gloucestershire County Council and London Borough of Tower Hamlets and London Borough of Havering: CA 14 Mar 2000

The court considered and restated the criteria for liability set out in X (Minors). Judges: Lord Justice Robert Walker, Lord Justice May and Lord Justice Tuckey Citations: [2000] EWCA Civ 72, [2001] Fam 313 Links: Bailii Jurisdiction: England and Wales Citing: Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v … Continue reading DS RL v Gloucestershire County Council and London Borough of Tower Hamlets and London Borough of Havering: CA 14 Mar 2000

Gregory v Portsmouth City Council: HL 10 Feb 2000

Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a personal financial advantage. He had been found to have breached the relevant code of practice and … Continue reading Gregory v Portsmouth City Council: HL 10 Feb 2000

W 1-6 v Essex County Council and Another: CA 2 Apr 1998

A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998

Cross v Kirklees Metropolitan Borough Council: CA 27 Jun 1997

The Council’s duty to maintain a highway is not absolute. It must take reasonable steps to prevent or clear ice forming on pathway. Lord Justice Evans analysed the application of Section 41 to a situation which arose from ice and snow. In any case of this kind there is an obligation on the plaintiff to … Continue reading Cross v Kirklees Metropolitan Borough Council: CA 27 Jun 1997

Regina (Structadene Limited) v Hackney London Borough Council: Admn 19 Oct 2000

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

Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 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

Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza: Admn 31 Mar 2000

A local authority served notices on a property owner alleging that they were unlicensed sex establishments. The magistrate confirmed closure. The owner appealed. Held: The statute gave two grounds for appeal, and an appeal on other grounds was not to be allowed. The fact that a court would have wide discretion on a successful appeal … Continue reading Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza: Admn 31 Mar 2000

Regina v Powys County Council, ex parte Jenny Diane Hambidge: Admn 28 Apr 1999

Citations: [1999] EWHC Admin 371 Links: Bailii Statutes: Disability Discrimination Act 1995 20 Cited by: Appeal from – Regina v Powys County Council, Ex Parte Hambidge (No 2) CA 16-Mar-2000 Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and … Continue reading Regina v Powys County Council, ex parte Jenny Diane Hambidge: Admn 28 Apr 1999

Regina on Application of Dinev and Others v Westminster City Council: Admn 24 Oct 2000

Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure to consult, and the obstruction of their rights of establishment under European law. Held: To the … Continue reading Regina on Application of Dinev and Others v Westminster City Council: Admn 24 Oct 2000

Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999

Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make … Continue reading Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999

Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001

The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in hospital of a patient because of the absence of such proper provision was … Continue reading Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001

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 Act, 1959, but in that event would have had to pay compensation for the injurious … Continue reading Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971

O’Byrne v Secretary of State for Environment, Transport and Regions and Another: CA 17 Apr 2001

A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority objected, and an inquiry was held. The inspector … Continue reading O’Byrne v Secretary of State for Environment, Transport and Regions and Another: CA 17 Apr 2001

Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000

The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority. Held: The refusals were unlawful. Where circumstances of need arose over and above needs arising from lack of accommodation and funds, then … Continue reading Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000

Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000

Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made … Continue reading Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000

Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000

The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not otherwise have done. The duty was a target duty, … Continue reading Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000

Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000

A house had been unused since 1960, and was bought in 1990. It had become delapidated and the applicant wished to rebuild. The applicant was entitled to permission only if he could show the original residential use had not been lost. Held: The residential use had been abandoned. The test was an objective one, looking … Continue reading Hughes v Secretary of State for the Environment, Transport and the Regions and Another: CA 19 Jan 2000

Ealing London Borough Council v Surdonja etc: CA 21 Jan 2000

When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the material date was the date of the review. Where an … Continue reading Ealing London Borough Council v Surdonja etc: CA 21 Jan 2000

Bradford City Metropolitan District Council v Booth: QBD 10 May 2000

The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed. Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean … Continue reading Bradford City Metropolitan District Council v Booth: QBD 10 May 2000

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000

The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000

Hinckley and Bosworth Borough Council v Shaw: QBD 2000

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

Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002

The applicant sought review of the authority’s decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction. Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority’s … Continue reading Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002

Epping Forest District Council v Philcox: CA 13 Apr 2000

Where an activity had been continuing without planning permission for 10 years it was no obstacle to obtaining a certificate of lawful use that the activity had been illegal because it had been carried out without a waste management licence. A certificate once granted is conclusive answer to any enforcement notice subsequently issued and is … Continue reading Epping Forest District Council v Philcox: CA 13 Apr 2000

Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014

The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014

Regina v Broxtowe Borough Council ex parte Bradford: CA 2000

A tennis coach wanted employment with the borough council as a coach. It made inquiries of another council and found that he had been suspected of improper conduct towards young girls. It not only refused him a job but imposed a ban upon him teaching in their public tennis courts interfering with the existing and … Continue reading Regina v Broxtowe Borough Council ex parte Bradford: CA 2000

Graham Barclay Oysters Pty Ltd v Ryan: 9 Aug 2000

Austlii (Federal Court of Australia) TORT – Negligence – non-feasance by public authorities – non-exercise by local government council and State government to minimise faecal contamination of lake where oysters grown commercially – oysters carrying hepatitis A virus – consumer of oysters contracting hepatitis A – whether duty of care owed to be discharged by … Continue reading Graham Barclay Oysters Pty Ltd v Ryan: 9 Aug 2000

Wandsworth London Borough Council v A: CA 20 Jan 2000

A was a parent of a child. The school complained of A’s behaviour when visiting the school, and was refused a licence to enter the premises without being accompanied. The behaviour continued, and an injunction was obtained. Held: The order was discharged on appeal because it could not be shown that the headmaster had taken … Continue reading Wandsworth London Borough Council v A: CA 20 Jan 2000

Regina v Powys County Council, Ex Parte Hambidge (No 2): CA 16 Mar 2000

Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and where some benefits were received according to the level of disability, that differentiation did not amount to disability discrimination. The differences arose form the different levels of benefits paid to … Continue reading Regina v Powys County Council, Ex Parte Hambidge (No 2): CA 16 Mar 2000

Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000

When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as to allow further building. He had obtained planning permission for the proposed development. When … Continue reading Regina v Braintree District Council, ex parte Malcolm William Halls: CA 1 Mar 2000

Regina v Greenwich London Borough Council, Ex Parte Glen International Ltd and Another: CA 29 Mar 2000

The council had issued notices requiring renovation works. The property owner applied for grants to cover such works, but the application was refused on the basis that no estimate accompanied the application. It was held that the grants were intended to be mandatory. The council had discretion to accept applications without this information, and in … Continue reading Regina v Greenwich London Borough Council, Ex Parte Glen International Ltd and Another: CA 29 Mar 2000

Plymouth City Council v C and Another: CA 21 Mar 2000

Where a child coming into care had had connection with two local authorities beforehand, the primary statutory responsibility for care would be determined by assessing which was the authority with a connection to the child immediately before the period to be disregarded under the Act for any temporary placement. The court reaffirmed the simple test … Continue reading Plymouth City Council v C and Another: CA 21 Mar 2000

In Re R (A Child) (Care Proceedings: Disclosure): CA 18 Jul 2000

A guardian ad litem, representing one child, was entitled to see a report, prepared by the child protection committee of the local authority, which related to the death of the child’s sibling. Such a report constituted a report prepared by the authority whilst exercising a statutory function assigned to it. No question of policy could … Continue reading In Re R (A Child) (Care Proceedings: Disclosure): CA 18 Jul 2000

Grogan v Greenwich London Borough Council: CA 2 Mar 2000

A youth had left care, and been given a secure tenancy. He was convicted of an offence, including one for having stolen goods at the flat. He was sentenced to six months detention, and the council applied for possession. On release he asked for the possession to be suspended, but the order was made. On … Continue reading Grogan v Greenwich London Borough Council: CA 2 Mar 2000