The claimant said that penalties imposed on him by the defendants were disproportionate to the offences claimed. Richards J described the duty of the court testing a decision: ‘The function of the court is not to take the primary decision but to ensure that the primary decision-maker has operated within lawful limits . . the essential concern should be with the lawfulness of the decision taken: whether the procedure was fair, whether there was any error of law, whether any exercise of judgment or discretion fell within the limits open to the decision maker, and so forth.’
Judges:
Richards J
Citations:
[2004] EWHC 2164 (QB)
Links:
Cited by:
Cited – McDougal, Regina (On the Application of) v Liverpool City Council Admn 22-Jul-2009
Right Questions asked on School Closure
The claimant sought to challenge the respondent’s decision to close a local school. The choice had been made on academic results and the number of vacancies.
Held: The application failed. The Council had complied with its obligation in . .
Lists of cited by and citing cases may be incomplete.
Contract, Administrative
Updated: 12 July 2022; Ref: scu.263166