Category: Local Government

In re B (Minors) (Contact order: Enforcement): CA 27 Feb 2009

The court had made a contact order and a penal notice attached under section 34, and the local authority had been found to have breached it. They now appealed against a finding that they were in contempt of court.
Held: An order extended under section 34 was capable of being enforced by a finding of contempt. A local authority officer in breach might be committed to prison. The Rule applying to private law proceedings could be supplemented by applying the general Couty Court Rules where they did not apply, and a judge did not need to assume the powers of a High Court judge to do so. However the contact order was now being respected. The appeal failed as to jurisdiction but the penal notice was now removed.

Judges:

Lord Justice Thorpe, Lord Justice Wall and Lord Justice Moore-Bick

Links:

Times

Statutes:

Children Act 1989 34, Family Proceedings Rules 1991 (SI 1991 No 1247) 4.21A

Jurisdiction:

England and Wales

Children, Local Government, Contempt of Court

Updated: 07 May 2022; Ref: scu.323745

Wychavon District Council v Midlands (Special Events) Ltd: 1988

Millett J commended a council for moving for a quia timet injunction in these words: ‘If they have good grounds for thinking that in any given case compliance with the law will not be secured by prosecution, they are entitled to apply for an injunction. Counsel for the defendant criticised the council for threatening to seek a quia timet injunction even before any threatened breach of the law had occurred and when therefore no prosecution was possible. In a proper case I do not consider that that is a ground for criticism but for commendation. It must be an eminently sensible and convenient manner of proceeding.’

Judges:

Millett J

Citations:

[1988] 1 CMLR 397

Jurisdiction:

England and Wales

Cited by:

Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
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 . .
Lists of cited by and citing cases may be incomplete.

Local Government, Litigation Practice

Updated: 07 May 2022; Ref: scu.277381

Staden v Tarjanyi: 1980

The court considered the validity of a byelaw. Lord Lane CJ said: ‘to be valid, a byelaw, carrying as this one does penalties for infringement, must be certain and clear in the sense that anyone engaged upon the otherwise lawful pursuit . . must know with reasonable certainty when he is breaking the law and when he is not breaking the law.’ The invalid byelaw might have been saved if the uncertainty had been ‘delineated by, if you like, the nuisance to those on the ground or annoyance to those on the ground.’

Judges:

Lord Lane CJ

Citations:

(1980) 78 LGR 614

Jurisdiction:

England and Wales

Cited by:

Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Cited – Broads Authority v Fry Admn 5-Nov-2015
The boat owner had charged tolls against the respondent boat owner. He failed to pay saying that his vessel being moored at a private mooring on ‘adjacent water’ he was not liable. His appeal against his conviction had succeeded at the Crown Court, . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 07 May 2022; Ref: scu.266124

British Railways Board v Tonbridge and Malling District Council: CA 1981

The court was asked whether a culvert under a railway carried a sewer or a watercourse. It appeared that the construction of the railway had interrupted natural watercourses which drained a large catchment area, and the culvert was to carry the water away despite the obstacle created by the railway embankment. If it was a sewer the Board could seek to have it vested in the local authority under section 17 of the Public Health Act 1936, but this did not apply if it was not a sewer but a watercourse.
Held: Oliver LJ said: ‘Granted that in certain circumstances that which started life as a watercourse can become a sewer, that is not easily established where all that has happened is that water, whether surface water or foul water, has been made to flow through an outfall into an existing natural stream. One has to ask whether the circumstances are such that the stream has substantially lost its original character and taken on the character of a sewer and that does not occur simply because the stream is made to carry a quantity of sewage.’ and
‘What is clear is that something very much more than the mere discharge of sewage into a stream (and, a fortiori, the mere discharge of pure surface water) is required before its status is changed to that of a sewer (see, for instance, Glasgow, Yoker and Clydebank Railway Company v. MacIndoe (1896) 24 R. (Ct. of Sess.) 160). Thus, for instance, if circumstances are such that what was originally an agricultural stream comes to carry sewage in such substantial quantities that its character is completely changed (as occurred in Falconar v. Corporation of South Shields (1895) 11 T.L.R. 223) it may no doubt become a sewer within the ordinary meaning of the word.’
After citing a passage from the speech of Lord Maugham in the George Legge case and went on to say:
‘In the instant case there has been nothing approaching the situation envisaged by Lord Maugham in the passage I have read. All that has happened is that outfalls have been constructed channelling the surface drainage of the built-up area into the existing streams so as to increase to some extent the flow of surface water which they carry away; and it is, Mr Nugee submits, quite impossible to say that these streams have become, as a result of such increased flow of surface water, ‘sewers’ within the ordinary meaning of the word.
We find Mr Nugee’s argument persuasive. On the facts as found or agreed at the trial it is, in our judgment, clear that there has been no alteration in the essential character of the three watercourses and the culvert since 1840 and the mere fact that the surface drainage of the built-up area has been collected and diverted into them through a number of outfalls so as to produce a significant increase in the volume of water carried off, cannot possibly constitute them, either individually or collectively, sewers or a sewer within the ordinary meaning of that term.’

Judges:

Oliver LJ

Citations:

(1981) 79 LGR 565

Statutes:

Public Health Act 1936 17

Jurisdiction:

England and Wales

Cited by:

Cited – Raglan Housing Association Ltd v Southampton City Council and Southern Water Services Ltd CA 30-Jul-2007
The claimant sought damages in nuisance from the defendants saying that a channel for which they were responsible flooded causing damage. The defendant appealed a finding that the culvert had become a sewer. It had been a natural stream, but had . .
Lists of cited by and citing cases may be incomplete.

Utilities, Local Government

Updated: 07 May 2022; Ref: scu.260140

AW, Regina (on the Application of) v London Borough of Croydon; A D Y v London Borough of Hackney and Secretary of State for the Home Department: Admn 16 Dec 2005

Judges:

Mr Justice Lloyd Jones

Citations:

[2005] EWHC 2950 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948 21

Jurisdiction:

England and Wales

Cited by:

Appeal from – Croydon and Another v AW, A and Y, Regina (on the Application of) CA 4-Apr-2007
The authority appealed a finding that it was responsible to provide support to an able bodied asylum seeker who was destitute but whose human rights would be infringed by the absence of support.
Held: Where the asylum seeker was able bodied, . .
Lists of cited by and citing cases may be incomplete.

Immigration, Local Government, Benefits

Updated: 07 May 2022; Ref: scu.239267

G and others v Local Authority X; Re G (Care: Challenge to Local Authority’s Decision): FD 24 Mar 2003

‘procedural fairness is something mandated not merely by Article 6, but also by Article 8.’

Judges:

Munby J

Citations:

[2003] EWHC 551 (Fam), [2003] 2 FLR 42

Links:

Bailii

Statutes:

European Convention on Human Rights 6 8

Jurisdiction:

England and Wales

Cited by:

Cited – TB, Regina (on the Application of) v The Combined Court at Stafford Admn 4-Jul-2006
The claimant was the child complainant in an allegation of sexual assault. The defendant requested her medical records, and she now complained that she had been unfairly pressured into releasing them.
Held: The confidentiality of a patient’s . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Human Rights

Updated: 07 May 2022; Ref: scu.235731

Stourcliffe Estates Co Ltd v Bournemouth Corporation: 1910

Citations:

[1910] 2 Ch 12

Jurisdiction:

England and Wales

Citing:

Explained – Ayr Harbour Trustees v Oswald 1883
The appellant trustees could not competently preclude themselves from exercising their powers under the Ayr Harbour Act in respect of certain land acquired by them for the purposes of that statute bearing in mind that their discretionary powers were . .

Cited by:

Cited – Blake v Hendon Corporation CA 1962
Devlin LJ said: ‘For example, a man selling a part of his land might object to a refreshment pavilion on his boundary. Provided that the erection of a refreshment pavilion on that spot was not essential to the use of the land as a pleasure ground, . .
Cited – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 07 May 2022; Ref: scu.244732

Islington London Borough Council v Dornan: CA 4 Nov 2005

The defendant had purchased the property from the council under the right to buy scheme. He had been encouraged and supported in this by a third party company who had put together a scheme apparently intended to circumvent the requirement that the property be occupied for three years. The property was sold and the council sought repayment of part of the discount, and now appealed a finding that the scheme was effective.
Held: The appeal should be adjourned. The tenant had not been given any substantial understanding of the legal intricacies intended. It was not satisfactory that the finance company was not before the court. The defendant was not the correct person to be targeted.

Judges:

Buxton LJ, Sedley LJ, Jonathan Parker Lj

Citations:

Times 08-Nov-2005

Statutes:

Housing Act 1985 159

Jurisdiction:

England and Wales

Local Government

Updated: 07 May 2022; Ref: scu.235768

Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs.
Held: An assessment under section 38(6) was not part of the local authority’s case, but something directed by the Court. It was exercised as part of the Court’s attempt to satisfy the overriding objective which in such proceedings set out to include expert opinion. There was no distinction of principle between the oder for an assesment and an order for a jointly instructed expert, and the Calderdale criteria could be applied. The Legal Services Commission could be required to contribute.

Judges:

Ryder J

Citations:

[2005] EWHC 776 (Fam), Times 19-May-2005

Statutes:

Children Act 1989 38, Access to Justice Act 1999 22(4)

Jurisdiction:

England and Wales

Citing:

Applied – Calderdale Metropolitan Borough Council v S and Another FD 18-Oct-2004
An expert’s report was required for the purposes of care proceedings. The court ordered that the cost be paid as to half by the local authority, where there were three other parties. The authority appealed.
Held: The authority’s appeal was . .

Cited by:

Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Legal Aid

Updated: 06 May 2022; Ref: scu.225011

Regina v Waltham Forest London Borough Council, Ex parte Baxter: CA 1988

Challenge was made to the way the Council set its rate. Prior to the decision, the majority group held a private meeting at which a decision was reached following a vote on the appropriate increase. It was then the duty of the members to vote in accordance with that decision and a number of members who had at the private meeting voted against the increase supported it.
Held: Councillors have a duty to vote in accordance with their beliefs and consciences irrespective of any party membership. The court set out four principles as to the proper discharge of the duty to consult. First, consultation must be carried out at a formative stage of the proposals. Second, those being consulted must be given adequate information to make a response. Third, there must be sufficient time for a response. Fourth, the outcome of the consultation must be conscientiously taken into account when finalising the proposals.
Russell LJ: ‘The vote becomes unlawful only when the councillor allows these considerations of any other outside influences so to dominate as to exclude other considerations which are required for a balanced judgment. If, by blindingly toeing the party line, the councillor deprives himself of any real choice or the exercise of any real discretion, then his vote can be impugned and any resolution supported by his vote potentially flawed.’
Stocker LJ: ‘I can see no reason why a councillor should not vote in favour of the resolution contrary to his own intellectual assessment of its merits, taken in isolation, in order to secure unanimity of vote, provided he retains an unfettered discretion in the council chamber. There is nothing, in my view, morally or legally culpable in voting in support of a majority which has considered, and rejected, his arguments providing he considers all the available options and considers that the maintenance of such unanimity is of greater value to the ratepayers than insistence upon his own view. This is not invalidated by the fact that certain sanctions, which could be imposed upon a failure to accept the party whip, might follow as a consequence.’
Lord Donaldson MR: ‘It is well settled that councillors can have general policies in relation to any matter, including the licencing of theatres and cinemas, and the distinction which I think is being made is between a situation in which the council has to determine a factual matrix to which a policy may well be applied from one in which no determination of particular facts is necessary. It is not possible to have a policy as to the existence of facts and they have to be determined by each member on the evidence.’ and ‘Mr Wadsworth submitted that in the light of the requirement for rates to be fixed by the Council, the private determination of a group policy in this context did undermine statutory safeguards. I do not agree. So long as councillors are free to remain members despite the withdrawal of the whip and so long as they remember that whatever degree of importance they may attach to group unity and uniformity with group policy, the ultimate decision is for them and them alone as individuals, I cannot see that there is any undermining of statutory safeguards.’

Judges:

Lord Donaldson MR, Stocker LJ, Russell LJ

Citations:

[1988] QB 419

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Amber Valley District Council ex parte Dickson QBD 1984
One group on the council decided to support a proposed planning application. It was then asked whether that prevented a member of the group sitting on the committee which would assess it. There was an affidavit from the leader of the majority group . .

Cited by:

Cited – Jones v Swansea City Council CA 1990
The defendant council had originally resolved in favour of allowing the plaintiff to use premises leased to her by the council as a club; the plaintiff’s husband was at that time a member of the majority group on the council; there was then an . .
Cited – Regina v Buckinghamshire County Council ex parte Milton Keynes Borough Council Admn 28-Oct-1996
Application was made to review the decision of Buckinghamshire to establish a grammar school within Milton Keynes. Responsibility for education within Milton Keynes was to be transferred to them shortly, and the cost of completing th eproject would . .
Cited – Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 06 May 2022; Ref: scu.194978

Bradford v Mayor of Eastbourne: 1896

Lord Russell CJ said of section 13: ‘the vesting . . is not a giving of the property in the sewer and in the soil . . but giving such ownership and such rights only as are necessary for the purpose of carrying out the duties of a local authority’

Judges:

Lord Russell CJ

Citations:

[1896] 2 QB 205

Statutes:

Public Health Act 1875 13

Cited by:

Cited – The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc SC 2-Jul-2014
The court was asked: ‘whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government, Utilities

Updated: 06 May 2022; Ref: scu.551307

Ward v Lee: 1857

Wightman J said: ‘The clause at the end of the 128th section is not for the repayment of ‘damages’ recovered against a person acting bona fide in the execution of the Act, but for the repayment of his [expenses]; which may well be construed, consistently with our view of the meaning of the section, to be repayment of the [expenses] he may have been put to in defending an action brought against him personally, and in which he may have been successful on the ground that he was acting bona fide in the execution of the Act, and therefore not liable.’

Judges:

Wightman J

Citations:

(1857) 7 EandB 426, [1857] EngR 309, [1857] 119 ER 1305

Local Government

Updated: 06 May 2022; Ref: scu.466440

Attorney-General v Crayford Urban District Council: CA 1962

The local authority had entered into an arrangement with a company for the collective insurance of its tenants’ household goods and certain personal effects and fixtures and fittings of the tenants or for which they were responsible, and invited the tenants to join the scheme. Many tenants joined the scheme and their premiums were collected weekly with the rent by an officer of the authority which forwarded them monthly to the insurance company. Most tenants did not insure their effects independently and such tenants, if they lost their effects, were likely to default in payment of their rent. The Attorney-General, at and by the relation of a trade union the members of which were employees of another insurance company, challenged the power of the local authority to establish and to administer the scheme.
Held: The scheme was within the powers of the local authority. The activity challenged was within the express power of ‘general management, regulation and control of houses provided by’ the authority.

Citations:

[1962] Ch 575, [1962] 2 All ER 147

Jurisdiction:

England and Wales

Cited by:

Cited – Rochdale Borough Council v Dixon CA 20-Oct-2011
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 06 May 2022; Ref: scu.446004

The King v Salway: 19 May 1829

By a charter of Queen Elizabeth it was provided that vacancies in the common council of the borough of L, should be filled up by election out of the ‘burgesses and inhabitants.’ The charter was accepted, but the corporation afterwards elected burgesses, not being inhabitants, to the office of common councilmen, as they had done before. This charter, and all other franchises,w ere surrendered to Car II and W and M. by a charter of restoration granted that the corporation should enjoy all franchises, elections, rights of election, andc. that they had previously enjoyed by virtue or pretence of any charter, or by any other lawful manner, right, or title: Held, that under the charter of Elizabeth, burgesses could not be elected to be common counciimen unless they were inhabitants; and that an usage to elect burgesses not inhabitants was repugnant to the charter, and could not be pleaded in explanation of it: Held, also, that the charter of W. and M. only restored such rights as had been lawfully exercised under or by pretence of former charters, and, therefore, did not enable the corporation to elect burgesses, not being inhabitants, to the office of common councilmen.

Citations:

[1829] EngR 473, (1829) 9 B and C 424, (1829) 109 ER 158

Links:

Commonlii

Local Government

Updated: 05 May 2022; Ref: scu.322341

Regina v The Inhabitants Of Hickling: 27 Jun 1845

By stat. 34 Q 3, c. 64, when the boundary of two parishes lay along the centre of a highway, justices were empowered, on information of the fact, to summon the surveyors of the respective parishes, hear the parties and their witnesses, and finally determine the matter by order, apportioning the highway between the parishes for the purpose of repair. Forms of information, summons and order were given. By an order under this Act, the justices recited an information laid before them that one side of a certain highways in, and repairable by, parish E, and the other side in, arid repairable by, parish W., praying an apportionment that they had summoned the surveyors, who attended, and that they had examined witnesses : and they ordered that the highway should be apportioned between H. and W., dividing it by a traversing line.

Citations:

[1845] EngR 1051, (1845) 7 QB 880, (1845) 115 ER 719

Links:

Commonlii

Transport, Local Government

Updated: 05 May 2022; Ref: scu.304193

In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report.
Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for adults under a disability by letters patent or parens patriae had lapsed, but an inherent jurisdiction remained. Pending any statutory creation, the court would act through the common law doctrine of necessity. Here the action was required for protective rather than a custodial jurisdiction, and again the competing interests under the Convention had to be weighed. In both cases the requirements were met. For the children, and injunction was continued, and for the adults one was made. The balance came down in favour of protecting vulnerable adults by preventing publication of a local authority report: ‘They have had considerable and distressing disruption of their lives and are, as set out in the report, vulnerable. A period of peace, stability and a chance to settle down again after the very real upset of their lives is threatened by the likely intense media cover if this report is published. They are all under some disability but not such, as far as I know, as to prevent possibly all of them, but certainly at least 4 of them, from understanding the impact of press and other media intrusion. That intrusion would affect their daily lives and would be very likely to be disruptive, distressing and contrary to the need for them to settle back in the home. They clearly have rights under article 8 which are engaged and would be breached if the report is published. I am satisfied that publication of the report would be deeply damaging and detrimental to their welfare.
The factors supporting the rights of the vulnerable adults under article 8 have to be balanced against the right of the local authority to publish under article 10. I have found that it would be lawful on their behalf to interfere with the article 10 right of freedom of expression. I have considered very carefully whether to exercise the court’s discretion in favour of the vulnerable adults would be a disproportionate response to the contents of the report, having regard to the importance attached to article 10 by section 12 of the Human Rights Act 1998. I am also fully aware of the factors in favour of not restraining publication of volume 1. I am satisfied, however, that the balancing exercise comes down in favour of recognising the importance of the protection of the vulnerable adults by the granting of a declaration to that effect.’

Judges:

Dame Elizabeth Butler-Sloss P

Citations:

[2003] EWHC Fam 2746, Times 05-Dec-2003, Gazette 22-Jan-2004, [2004] EWHC 2746 (Fam), [2004] Fam 96, [2004] Fam Law 179, [2004] 1 FCR 113, [2004] 1 All ER 480, [2004] 2 WLR 926, (2004) 7 CCL Rep 426, (2004) 76 BMLR 210, [2004] BLGR 117, [2004] 1 FLR 541

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

England and Wales

Citing:

Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Lists of cited by and citing cases may be incomplete.

Children, Administrative, Media, Local Government, Human Rights, Information

Updated: 05 May 2022; Ref: scu.188626

Regina v Gloucestershire County Council and another, ex parte H: QBD 21 Jan 2000

The claimant had appealed to the Special Educational Needs Tribunal. The authority had called two witnesses, as allowed and the representative also gave evidence. The claimants said that this was a breach of the rule allowing only two witnesses.
Held: The rules were designed to try to achieve equality of arms between the parties. The restriction in the rules on the calling of more than two witnesses without the consent of the tribunal, did not operate to prevent the authority giving evidence through its representative advocate. This restored parity with a claimant.

Judges:

Elias J

Citations:

Times 21-Jan-2000

Statutes:

Special Educational Needs Tribunal Regulations 1995 (1995 No 3113) 29(1)

Jurisdiction:

England and Wales

Education, Local Government

Updated: 05 May 2022; Ref: scu.88472

Regina v Local Commissioner for Administration in the North and North East England, ex parte Liverpool City Council: CA 3 Mar 2000

Councillors who were regular attenders at a football club, or who had season tickets, should declare that interest when it came to voting on a contentious planning application made by that club. Traditions of party members voting along party lines on sub-committees exercising statutory functions were capable of amounting to maladministration. The commissioner could investigate even though the complainant might have an action, if it was not reasonable to expect that person to take action in this case.

Citations:

Times 03-Mar-2000

Jurisdiction:

England and Wales

Local Government

Updated: 05 May 2022; Ref: scu.88543

In re X, (Emergency Protection Orders): FD 16 Mar 2006

Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family.
Held: The decision making processes adopted by both the authority and the family court were badly flawed. An Emergency Protection Order was potentially harsh in its effect, and one should not be granted unless it was clear that no alternative existed which would satisfy the need to secure the child’s welfare. The social worker had presented thirteen points to the magistrates. Each point had been either misleading or wrong. The magistrates had not given adequate reasons and had not treated what was a most important decision properly. The court gave specific guidance for the conduct of future cases.
McFarlane J said: ‘The ordinary experience of the family courts is of social workers and social services departments whose professional work is both valuable and appropriately targeted to meeting the particular needs of children and their families.’ and: ‘ Given the work that has gone into preparing authoritative national and local guidance upon cases of induced or fabricated illness, the court is entitled to expect that when a social work team manager asserts in evidence that this is a case of ‘Munchausen’s syndrome by proxy’ or ‘factitious illness syndrome’ (depending on which note of evidence is correct) the social work team has acted in accordance with the guidance and that the assertion being made is backed up by paediatric opinion.’

Judges:

MacFarlane J

Citations:

[2006] EWHC 510 (Fam), Times 21-Apr-2006, [2006] 2 FLR 701

Links:

Bailii

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Citing:

Cited – S v Oxfordshire County Council FD 1993
The failure by magistrates to give reasons for making an order is a serious deficiency and should occur only exceptionally: ‘It would be unjust to this child to allow a decision to stand which so affected his future without at least understanding . .
Applied – X Council v B (Emergency Protection Orders) FD 16-Aug-2004
Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: ‘The matters I have just been considering are so important that it may be convenient if I here summarise the most important points:
(i) An EPO, . .
Cited – P, C and S v United Kingdom ECHR 2002
The local authority had obtained the issue of an Emergency Protection Order under the 1989 Act to remove a child at birth.
Held: Where the possibility of harm arose from the mother introducing something into the child’s system (such as a . .
Cited – Stray v Stray 1999
. .
Cited – T v W (Contact: Reasons for Refusing Leave) 1996
. .

Cited by:

Cited – Durham County Council v D and others FD 11-Jun-2008
Having given his judgment in private in a very complex matter, Munby J went out of his way to publicise his admiration for the work of the professionals involved. . .
Approved – A v East Sussex County Council and Chief Constable of Sussex Police CA 2-Jul-2010
A appealed against the dismissal of her claim for damages under the 1998 Act after the defendants had taken action anticipating possible abuse of her baby child. The baby had been returned after the suspicions were allayed. She complained that the . .
Cited – In re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
Cited – HB v PB FD 9-Jul-2013
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children

Updated: 05 May 2022; Ref: scu.239291

Blake v Hendon Corporation: CA 1962

Devlin LJ said: ‘For example, a man selling a part of his land might object to a refreshment pavilion on his boundary. Provided that the erection of a refreshment pavilion on that spot was not essential to the use of the land as a pleasure ground, the local authority could properly covenant not to erect one, notwithstanding that it had statutory power to do so. This illustrates the proper application of the principle in the Ayr case: see Stourcliffe Estates Co. Ltd. v Bournemouth Corporation [1910] 2 Ch. 12’

Judges:

Devlin LJ

Citations:

[1962] 1 QB 283

Jurisdiction:

England and Wales

Citing:

Cited – Ayr Harbour Trustees v Oswald 1883
The appellant trustees could not competently preclude themselves from exercising their powers under the Ayr Harbour Act in respect of certain land acquired by them for the purposes of that statute bearing in mind that their discretionary powers were . .
Cited – Stourcliffe Estates Co Ltd v Bournemouth Corporation 1910
. .

Cited by:

Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes CA 1987
The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was . .
Cited – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 May 2022; Ref: scu.244731

Avon District Council v Buscott: 1988

The grounds on which any application for judicial review are to be based may not be raised as a defence in the civil proceedings unless a private law right has been infringed.

Citations:

[1988] QB 656

Jurisdiction:

England and Wales

Cited by:

Cited – South Hams District Council v Shough and Others CA 2-Dec-1992
There was a possible duty on a council not to evict trespassers claiming to be gypsies. If the authority had a duty to house the applicants, but failed to provide accommodation in accordance with that duty, it could be wrong to make an order . .
Cited – London Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Local Government

Updated: 04 May 2022; Ref: scu.238436

Scrivens v Ethical Standards Officer: Admn 11 Apr 2005

The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At one meeting, he had declared an interest, but failed to withdraw, and at two other meetings failed to declare a personal or prejudicial interest.
Held: The applicant relied upon the Richardson case, but that case made no suggestion of a subjective test: ‘in this context the decision of a member as to his interest is not lawful if it is made reasonably but is wrong. The comparison with other decisions of public authorities that are the subject of judicial review proceedings is inapt. Given that this is a context where, on the Appellant’s submission, the member is very much a judge in his own cause, an objective test for both the existence of a relevant interest and a failure to comply with the code is appropriate and indeed necessary.’

Judges:

Mr Justice Stanley Burnton

Citations:

[2005] EWHC 529 (Admin)

Links:

Bailii

Statutes:

Local Government Act 2000 79(15), Relevant Authorities (General Principles) Order 2001

Jurisdiction:

England and Wales

Citing:

Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
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 . .
Cited – Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel Admn 7-Apr-2004
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council’s Conservation Advisory Group which had held a meeting before the Planning . .
Cited – Kadhim v Housing Benefit Board, London Borough of Brent CA 20-Dec-2000
A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court: ‘The . .
Cited – Re Hetherington 1990
The court looked to whether a decision of a superior court was binding when the point had not been argued: ‘In my judgment the authorities clearly establish that even where a decision of a point of law in a particular sense was essential to an . .
Cited – Baker v The Queen PC 1975
The Court of Appeal for Jamaica was not bound by a proposition of law contained in a previous decision of the Board which the Board had assumed without argument to be correct for the purpose of disposing of that case. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 May 2022; Ref: scu.224097

Allchin v Coulthard: CA 1942

Lord Greene MR discussed the meaning of the word ‘fund’: ‘The word ‘fund’ may mean actual cash resources of a particular kind (e.g. money in a drawer or a bank), or it may be a mere accountancy expression used to describe a particular category which a person uses in making up his accounts. The words ‘payment out of’ when used in connection with the word ‘fund’ in its first meaning connote actual payment e.g. by taking the money out of the drawer or drawing a cheque on the bank. When used in connection with the word ‘fund’ in its second meaning they connote that, for the purposes of the account in which the fund finds a place, the payment is debited to that fund, an operation which of course has no relation to the actual method of payment or the particular cash resources out of which the payment is made . . A fund in the second category is merely an accountancy category. It has a real existence in that sense, but not in the sense that a real payment can be made out of it as distinct from being debited to it.’

Judges:

Lord Greene MR

Citations:

[1942] 2 KB 228

Cited by:

Appeal from – Allchin v Coulthard HL 1943
Affirmed. . .
Cited – Scottish Widows Plc v Revenue and Customs SC 6-Jul-2011
The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 May 2022; Ref: scu.441624

The King v Sherman: 1685

Coleman excepted to order of sessions against the defendant to take upon him the office of church-warden unless he could free himself by law, reciting that he was constable, snd was by Sir John Robinson, alderman of the ward, after the month of Easter appointed by writing without seal to be collector of the assessment for the poor, which is not within 43 Eliz. cap. 2, being a new offlce and not under seal, nor within the month, the Court agreed all these exceptions fatal as to overseers of the poor, and there being no customs to make any other collector, but the overseer retorn’d the Court gave leave to mend the retorn on oath.

Citations:

[1685] EngR 3624, (1685) 2 Keb 777, (1685) 84 ER 491 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 02 May 2022; Ref: scu.400399

Ex Parte Garrett and Clark v The Mayor of Newcastle: 30 Jan 1832

In the absence of any precedent, the Court refused a rule nisi for a mandamus calling on the mayor of a town to propose a resolution to the burgesses in guild assembled, for repealing certain by-laws ; though it was alleged that by-laws and ordinances might, by charter, be made, and had formerly been made, at such guilds.

Citations:

[1832] EngR 421, (1832) 3 B and Ad 252, (1832) 110 ER 95

Links:

Commonlii

Local Government

Updated: 02 May 2022; Ref: scu.319368

The Queen v The Inhabitants of Barnsley: 12 May 1849

It is not necessary that a lunatic, chargeable to a parish, should be sent to an asylum or licensed house. The justice before whom he is brought is to decide whether he is a proper person to he confined or not; and, if not corifined, he may Be removed to his parish as an ordinary pauper. An idiot, aged thirty, living with his parents in parish B., became chargeable; and thereupon he and they were removed by order of justices to parish T., their place of settlement. The order was never appealed against. The father retained his house in B, in the care of two of his children, who were emancipated; and, when removed, he intended to return as soon as he could. After four days, the paupers did return to the house in B, with the consent of the overseers of T, who promised to send weekly relief to the parents for the son : but the son again became chargeable to B; and another order was made, finding the son and parents chargeable, and ordering their removal to T. The famiIy had resided in B. for five years next before the makirig of this order, excepting only the four days above mentioned. On appeal (not stating as a ground that the parents were not chargeable at the date of the second order), and case stated by the sessions : Held that the five years’ residence was broken by the removal to parish T., arid that the paupers were not irremoveable from B. under stat. 9 and 10 Vict. c. 66, s. I.

Citations:

[1849] EngR 628, (1849) 12 QB 193, (1849) 116 ER 840

Links:

Commonlii

Benefits, Local Government

Updated: 02 May 2022; Ref: scu.298933

Runnymede Borough Council v Ball: CA 1986

An injunction was granted to restrain a nuisance because of a threat of irreversible damage.

Citations:

[1986] 1 WLR 353

Cited by:

Cited – City of London Corporation v Bovis Construction Ltd CA 18-Apr-1988
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the . .
Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
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 . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 02 May 2022; Ref: scu.277380

Steeples v Derbyshire County Council: 1984

The Council owned park land which they wanted to develop as a leisure centre with recreational facilities. They agreed with a company who was to manage the development that they would undertake to use their best endeavours to obtain outline planning permission, with a financial penalty if they failed to use such best endeavours. The planning committee were not informed of the financial arrangements.
Held: The owner of adjoining land had a proprietary interest to challenge the grant of permission and to have sound grounds for doing so in that the grant made, while fairly and properly made, had not been in accordance with natural justice, because a reasonable man, not present when the decision was made and unaware that it had in fact been fairly made, but aware of the terms of the council’s agreement with the company, would think that there was a real likelihood that the agreement had had a material and significant effect on the planning committee’s decision to grant permission.

Judges:

Webster J

Citations:

[1984] 3 All ER 468

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Amber Valley District Council ex parte Dickson QBD 1984
One group on the council decided to support a proposed planning application. It was then asked whether that prevented a member of the group sitting on the committee which would assess it. There was an affidavit from the leader of the majority group . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 01 May 2022; Ref: scu.244706

Sandgate UDC v Kent CC: 1898

The court considered an arbitration award relating to responsibilities for the cost of maintaining a so-called ‘Esplanade’ adjoining the highway, and a sea-wall and groynes which had been built to protect it from inundation. The statute enabled the highway authority to recover from the county council a contribution towards the cost of ‘maintenance and repair’ of the highway. Lord Halsbury LC set out the scope of the highway authority’s duties. A distinction had been drawn by the arbitrator between works which were part of the road ‘strictly speaking’, and that part of the works which was ‘so necessary to the maintenance of the main road, that unless the construction was there the main road might be washed away’. Lord Halsbury said: ‘It was argued before the arbitrator that in point of law the expenses, as regards that part, were not recoverable because it was not part of the main road. To my mind that contention is absurd. Is it common sense to say that where the obligation is to maintain the road and keep it in repair, you can by neglect, allow that duty to be so disregarded that in time the road may be washed away, so that your liability or obligation ceases? Such a proposition is, to my mind, absolutely monstrous. The obligation at common law, and the same obligations have been handed on to the various bodies which in turn have received by statute the obligations and duties in respect of roads, is absolute, that they must keep in repair the roads in their parish Can anything be more clear than this, that the obligation is absolute in the first instance on the proper body whoever it be?
Then the proposition appears to be this, that if you take a main road, not merely the via trita, but that part of it which is said to be dedicated to the public, your jurisdiction must be limited to, and does not go an inch beyond that which is the highway. If that be so, if you want to cut a gutter to prevent the road from being flooded, or to take a culvert under it, where is your culvert to start? Have you no jurisdiction to dig a hole to allow the water to go through the culvert, so as to preserve the road? The truth is that you might put forward half a dozen hypotheses to show that such a construction of the law would reduce the whole thing to an absurdity, and render the administration of the road authority absolutely impossible I have no hesitation in saying that, assuming a thing to be necessary for the preservation of the road, and assuming that the local authority is under obligation to keep up the road, the law of England is that you shall keep up that road by whatever means are appropriate and necessary to do it. ‘ As to the repair of the groynes, he specifically rebutted the contention that the word ‘maintenance’ had no independent meaning: ‘Then the proposition is this. You cannot do anything of this sort to maintain the road; you must allow it to go out of repair each year, although that would involve extraordinary and unnecessary expense to the parish or local body, whatever it might be; you must do that because your only power is to repair the road. In that argument I think that the word ‘maintenance’ appears to have escaped the attention of those so arguing: the maintenance of the road is quite as much a part of the duty as the ‘repair’ . . ‘

Judges:

Lord Halsbury LC

Citations:

(1898) 79 LT 425

Statutes:

Local Government Act 1888 11(2)

Cited by:

Cited – Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others CA 27-Jul-2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 01 May 2022; Ref: scu.244627

Lavender v Minister of Housing and Local Government: 1970

While it is not for the courts to interfere with the formulation or administration of the Minister’s planning policies, the Minister is not able to dictate the exercise of discretion on the basis of a policy mandate.

Judges:

Willis J

Citations:

[1970] 1 WLR 1231, [1970] 3 All ER 871

Cited by:

Cited – Ealing London Borough Council v The Audit Commission for Local Authorities and Another Admn 17-Feb-2005
The authority complained at the intended use by the respondent of a performance assessment issued by a third party. The Audit Commision appealed.
Held: The use of the third party assessment was proper where that body had the appropriate skills . .
Cited – Audit Commission for England and Wales v Ealing London Borough Council CA 16-May-2005
The authority complained that the respondent intended to adopt the assessment of its performance the judgment of a third party.
Held: There had been no unlawful delegation of the Audit Commissions duties. The Commission for Social Care . .
Cited – Douglas John Merritt v Secretary of State for Environment, Transport and Regions and Mendip District Council Admn 5-Aug-1999
The applicant appealed refusal of planning permission for residential development of a small plot of land. The said that the inspector had wrongly rejected the application of a Grampian condition on the basis that it would not be fulfilled and also . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning

Updated: 30 April 2022; Ref: scu.225437

Ryeford Homes v Seven Oaks District Council: 1989

The planning function is exercised by a local authority on behalf of the public at large and not for private individuals.

Citations:

[1989] 46 BLR 34

Cited by:

Cited – Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
Cited – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning

Updated: 30 April 2022; Ref: scu.225322

Buxton v Minister of Housing and Local Government: 1961

The planning functions of a local authority are exercised in the public interest. Salmon J said: ‘The scheme of the Town and Country Planning Legislation, in my judgment, is to restrict development for the benefit of the public at large and not to confer new rights on any individual members of the public, whether they live close to or far from the proposed development.’

Judges:

Salmon J

Citations:

[1961] 1 QB 278

Cited by:

Cited – Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 30 April 2022; Ref: scu.225323

Simpsons Motor Sales (London) Ltd v Hendon Corporation (No 1): CA 1962

The use of land purchased under compulsory powers for a different purpose was ultra vires, but did not undermine the original notice to treat. There was no reason not to use a compendious description of the range of purposes for which land was to be acquired.

Citations:

[1963] Ch 57, [1962] 3 WLR 666, [1962] 3 All ER 75, (1962) 126 JP 488, 60 LGR 393, 13 PandCR 372, [1962] RVR 583, (1962) 106 SJ 490

Jurisdiction:

England and Wales

Cited by:

Cited – Capital Investments Ltd v Wednesfield Urban District Council ChD 12-Feb-1964
The council set out to acquire two plots of land for development for housing. After the process had begun, it was decided that some of the land should be uised for educational purposes. A Land Charge had been served but the matter not completed. A . .
Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
Appeal from – Simpsons Motor Sales (London) Ltd v Hendon Corporation HL 1964
The plaintiff complained of an attempt by the defendant local authority to enforce in October 1958 a CPO made several years earlier. He obtained at first instance an injunction to restrain the local authority from proceedings on the basis of an . .
See Also – Simpsons Motor Sales (London) Ltd v Hendon Corporation 1965
The paying party under an order for costs objected to the amount of leadig counsel’s fees.
Held: Pennycuick J discussed Rule 28(2) and the Smith -v- Bullins Case: ‘The words ‘or proper for the attainment of justice or for enforcing or . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 30 April 2022; Ref: scu.223476

Sutton London Borough Council v S and Another: QBD 26 Oct 2004

Parents had had charges brought against them by the appellant for failing to ensure the attendance of their child at school dismissed. The authority appealed.
Held: The authority should have considered more carefully whether it was appropriate to appeal. The lesser offence might have been made out if required in the interests of justice, but the authority had not requested that alternative.

Judges:

Thomas LJ, Fulford J

Citations:

Times 01-Nov-2004

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Fairbanks CACD 1986
The defendant complained that the judge had not left an alternate verdict of careless driving to the jury where he had been charged with driving a motor vehicle on the road recklessly.
Held: The conviction was quashed.
Mustill LJ said: . .
Cited – Regina v Maxwell CACD 1988
The defendant admitted paying two others to burgle his partner’s home, but said he had not anticipated violence, and appealed against his conviction for robbery, saying the judge should have left the alternative verdict to the jury. The jury, during . .
Cited – Regina v Maxwell HL 1990
The defendant had hired two men to enter his former partner’s house to commit robbery. It was his defence that he did not contemplate violence, and that he was only guilty of the offence of burglary. The prosecution would not add a count of burglary . .
Cited – Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills QBD 7-Mar-2003
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 30 April 2022; Ref: scu.220040

Regina v Lambeth Borough Council ex parte Clayhope Properties Limited: 1988

A local authority may plead the invalidity of its own repairs notices in resisting tenants applications for grants to meet the costs of compliance.

Citations:

[1988] QB 562

Jurisdiction:

England and Wales

Cited by:

Cited – Re Law Society of Northern Ireland QBNI 9-Sep-2004
The Law Society of Northern Ireland sought an order to quash a letter from the new NI Legal Service Commission declining to implement the remuneration rates set by the Society. There had been no review of charging rates by the commission for some . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 30 April 2022; Ref: scu.214222

Regina v Hertfordshire County Council, ex parte Cheung: 4 Apr 1986

The court emphasised the need for consistency in the award of educational grants.

Citations:

Times 04-Apr-1986

Jurisdiction:

England and Wales

Cited by:

Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 30 April 2022; Ref: scu.199757

Regina v Hammersmith and Fulham LBC ex part D: 1999

It was not outside a local authority’s powers to supply an air ticket to assist a failed asylum seeker to return home with her children.

Judges:

Kay J

Citations:

[1999] 1 FLR 642

Jurisdiction:

England and Wales

Cited by:

Cited – M v London Borough of Islington and Another CA 2-Apr-2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children, Immigration

Updated: 29 April 2022; Ref: scu.196548

Spook Erection Ltd v City of Edinburgh District Council: ScSf 1995

Citations:

1995 SLT (Sh Ct) 107

Jurisdiction:

Scotland

Cited by:

Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 29 April 2022; Ref: scu.195470

Attorney-General v Poole: 1938

Open space land had been conveyed to Poole Corporation ‘in fee simple to the intent that the same may for ever hereafter be preserved and used as an open space or as a pleasure or recreation ground for the public use.’
Held: There was no express reference in the Conveyance to the 1906 Act but the Court of Appeal thought it applied in any event.

Citations:

[1938] 1 Ch 23

Statutes:

Open Spaces Act 1906

Cited by:

Applied – Liverpool City Council v Attorney General 15-May-1992
Land had been given to the local authority ‘for use as a recreation ground and for no other purpose’ The Attorney-General sought to oblige the authority to maintain it as such.
Held: The form of gift was not charitable, and no obligation to . .
Cited – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Cited – Regina v Stock CACD 8-Aug-2008
The defendant sought to appeal his conviction in 1970 for robbery. He had refused to attend an identity parade but was then confronted with the main witness. Witnesses had also been shown photographs from which they were said to have selected the . .
Lists of cited by and citing cases may be incomplete.

Charity, Local Government, Land

Updated: 29 April 2022; Ref: scu.187390

SPH (Scotland) Ltd v Edinburgh City Council: OHCS 25 Jun 2003

The respondent council was regularly asked to provide information by way of search information, and sought to charge a fee for the purpose.
Held: The provision of the information was discretionary and not in pursuance of any explicit power. The authority could impose only fees authorised by statute, and the scheme for charging was ultra vires. The duty on the authority to achieve economy in its activities could equally have been met by refusing to supply such information.

Judges:

Lord Clarke

Citations:

Times 19-Sep-2003

Citing:

Cited – Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Local Government

Updated: 29 April 2022; Ref: scu.186308

In re P (A Minor): 1981

Citations:

[1981] 80 LGR 301

Jurisdiction:

England and Wales

Cited by:

Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children

Updated: 29 April 2022; Ref: scu.183453

Regina v Mayor of Plymouth: 1896

Legislation was the only power that constituent councils had of controlling the expenditure of a fisheries committee, but any restrictions and conditions as to expenditure in connection with the appointment of a fishery officers had to be imposed before the appointment of that officer.

Citations:

[1896] 1 QB 158

Cited by:

Cited – South Wales Sea Fisheries Committee v National Assembly for Wales Admn 21-Dec-2001
The committee sought a review of the 2001 Order made under the 1966 Act to revise the contributions to be made by participating members of the committee to the costs of its administration. They contended that the only power over its costs was to . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 29 April 2022; Ref: scu.182834

Mole Valley District Council v Smith: 1992

The local authority sought to use its powers under the Act to enforce planning control over gypsies.

Citations:

[1992] 90 LGR 557

Statutes:

Local Government Act 1972 222

Cited by:

Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
Cited – Hambleton District Council v Bird CA 1995
The local authority sought an injunction to restrain the respondent Gypsies from use of land they owned, for residential caravans. The Gypsies had used the site, in breach of planning control, for a number of years. The judge had refused an . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 29 April 2022; Ref: scu.182491

Regina (Maud) v Castle Point Borough Council: CA 2 Oct 2002

The council decided after consultation and advice to issue licences for hackney carriages, removing the limit on the number of such licences, and allowing Hackney Carriages vehicles to pick up passengers from cab ranks. The taxi owners sought to challenge the decision by way of judicial review.
Held: The section allowed the council to restrict the number of licences, only if satisfied that there was no unmet need. The council had not taken into account any irrelevant or improper matter, and the review was refused. The imposition of restrictions on some licences would create a second class system, and the council was correct not to do this.

Judges:

Lords Justice Kennedy, Buxton and Keene

Citations:

Gazette 13-Mar-2003

Statutes:

Transport Act 1985 16, Town Police Clauses Act 1847

Jurisdiction:

England and Wales

Licensing, Road Traffic, Local Government

Updated: 28 April 2022; Ref: scu.177491

Beard and Natwest Bank v Wigan Metropolitan Borough Council: LT 31 Dec 2001

LT COMPENSATION – compulsory acquisition of long leasehold house in poor condition – mortgage – value of unencumbered long leasehold interest determined at andpound;7,600 – no deduction of charges when determining market value – lack of evidence regarding mortgage – no determination of amounts payable to claimants
An order had been made for the compulsory purchase of a dwelling to make it fit for habitation. It was held on a long lease at a low rent, and was subject to a charge. The property was valued at andpound;7,000 by the council ‘s expert, but he had deducted the seller’s costs which would not normally be borne by a purchaser.
Held: Neither the local authority’s costs nor the value of any of the local authority’s land charges registered against the property should reduce the valuation. Those were matters between the council and the respondent, and not for the valuation.

Judges:

P H Clarke FRICS

Citations:

ACQ/72/2001

Links:

LT

Statutes:

Housing Act 1985, Compulsory Purchase (Vesting Declarations) Act 1981

Jurisdiction:

England and Wales

Land, Damages, Local Government

Updated: 28 April 2022; Ref: scu.170277

Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001

The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient.

Judges:

Mr Jack Beatson, QC

Citations:

Times 15-Nov-2001

Statutes:

Children Act 1989 17(1)(a), Housing Act 1996 190

Jurisdiction:

England and Wales

Citing:

Cited – Regina v London Borough of Lambeth ex parte Caddell Admn 9-Jun-1997
When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. . .
Cited – Regina v Kent County Council, Ex parte Salisbury and Pierre Admn 19-May-1999
Continuing duties of local authrity to children who have been in care on attaining majority. . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 April 2022; Ref: scu.166809

Regina v Barnet Justices ex parte Ribbans: Admn 18 Jun 1997

The applicant was an elderly illiterate lady. The magistrates had found that she had culpably neglected to pay her community charge. A suspended sentence of imprisonment was first imposed, and then effected in her absence. Held the Magistrates were under an obligation to enquire as to the adequacy of the service by recorded delivery. Costs were ordered against the magistrates despite their having only filed affidavit evidence.

Judges:

Mr Justice Laws

Citations:

[1997] EWHC Admin 566

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Erewash Borough Council and Ilkestone Justices ex parte Smedberg and Smedberg 1994
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Taxes – Other, Magistrates, Costs

Updated: 28 April 2022; Ref: scu.137511

Regina v Gloucestershire County Council Ex Parte Mahfood and Others; Regina v Islington London Borough Council Ex Parte Mcmillan: QBD 20 Jun 1995

A Local Authority may allow for its finances in deciding on care provision, but must look to individual case.

Citations:

Independent 20-Jun-1995, Times 21-Jun-1995

Statutes:

National Health Service & Community Care Act 1990 47-1, Chronically Sick and Disabled Persons Act 1970 2(1)

Jurisdiction:

England and Wales

Local Government

Updated: 28 April 2022; Ref: scu.86702

Re P (Minors): CA 7 Apr 1993

A local authority should seek to protect children by part IV applications and not under Part II. There is a lacuna in the Act. It was not to use the private law provisions of Part II of the Act to pursue public law objectives.

Citations:

Independent 09-Apr-1993, Independent 07-Apr-1993

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Children, Local Government

Updated: 28 April 2022; Ref: scu.85848

Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996

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 housing for its statutory housing functions.
Held: A Local Authority may not use an independent company to discharge its housing duties; a loan guarantee given to support the company was ultra vires and void.
Neil LJ said: ‘where Parliament has made detailed provisions as to how certain statutory functions are to be carried out there is no scope for implying the existence of additional powers which lie wholly outside the statutory code. Section 111(3) makes it clear that the power to enter into financial obligations is subject to any statutory controls which may be imposed’
Peter Gibson LJ added: ‘I agree with Neill L.J. that, having regard to the detailed statutory scheme governing the housing functions of a local authority and in particular the express provisions relating to raising money to provide housing and to giving financial assistance to others to acquire housing, there is no scope for treating section 111 as authorising a local authority to give a guarantee and indemnity such as were given in the present case. It is simply inconsistent with the statutory scheme that a local authority should have the power to set up a company and give a guarantee of the company’s liabilities and an indemnity.’

Judges:

Neill, Peter Gibson LJJ

Citations:

Times 20-May-1996, [1997] QB 362

Statutes:

Local Government Act 1972 111

Jurisdiction:

England and Wales

Citing:

Appeal from – Credit Suisse and Another v Waltham Forest London Borough Council QBD 8-Nov-1994
A Council was not acting ultra vires in establishing a company to lease properties to the homeless. . .

Cited by:

Cited – Khan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
Cited – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Cited – British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another Admn 20-Apr-2011
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They . .
Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 28 April 2022; Ref: scu.79607

Credit Suisse and Another v Waltham Forest London Borough Council: QBD 8 Nov 1994

A Council was not acting ultra vires in establishing a company to lease properties to the homeless.

Citations:

Independent 09-Nov-1994, Times 08-Nov-1994

Jurisdiction:

England and Wales

Cited by:

Appeal from – Credit Suisse and Another v Waltham Forest London Borough Council CA 20-May-1996
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 . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 28 April 2022; Ref: scu.79609

London Borough of Enfield v Persons Unknown and Others: QBD 2 Oct 2020

The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order.
Held: The court noted that no person had yet been served with any documents, and that the legal landscape that governs proceedings and injunctions against Persons Unknown had changed since the Interim and Final Orders were granted in this case.

Judges:

Nicklin J

Citations:

[2020] EWHC 2717 (QB)

Links:

Bailii

Statutes:

Local Government Act 1222
Local Government Act 1972 222, Town and Country Planning Act 1990 187B, Civil Procedure Rules 6.15(2)

Jurisdiction:

England and Wales

Citing:

Cited – Canada Goose UK Retail Ltd and Another v Persons Unknown and Another QBD 20-Sep-2019
Where an interim injunction had been obtained against person unknown, service of the claim to be answered was fundamental to the principles of the judicial system. There is an important distinction between ‘a person’s general awareness of the . .
Cited – Cameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .
Cited – Boyd and Another v Ineos Upstream Ltd and Others CA 3-Apr-2019
Appeal from injunctions to Ineos Upstream Limited and various subsidiaries of the Ineos Gropu as well as certain individuals. The injunctions were granted against persons unknown who are thought to be likely to become protesters at sites selected by . .
Cited – The London Borough of Bromley v Persons Unknown (Rev 3) CA 21-Jan-2020
Appeal from rejection of request for injunction to restrain occupation of land. . .
Cited – Canada Goose UK Retail Ltd and Another v Unknown Persons CA 5-Mar-2020
‘This appeal concerns the way in which, and the extent to which, civil proceedings for injunctive relief against ‘persons unknown’ can be used to restrict public protests.’ . .
Cited – Cuadrilla Bowland Ltd and Others v Lawrie and Others CA 23-Jan-2020
. .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice, Local Government

Updated: 28 April 2022; Ref: scu.655146

Rodd v Ritchings; Gilbert v Childs; Batty v Burfoot; Same v Merriman: QBD 21 Jun 1995

A self contained granny flat was taxable separately. The test of what was self contained remained difficult.

Citations:

Independent 28-Jun-1995, Times 21-Jun-1995

Statutes:

Council Tax (Chargeable Dwellings) Order 1992 549

Jurisdiction:

England and Wales

Local Government, Rating

Updated: 28 April 2022; Ref: scu.88833

Regina v Westminster London Borough Council ex parte Al-Khorsan: QBD 14 Dec 1999

Having set aside a number of houses for the homeless, the local authority then failed, when allocating places, to consider the remaining and relevant statutory tests for deciding who should get what place.
Held: The statutory criteria remained relevant, and the homelessness as such was not sufficiently serious to overwhelm other considerations. The policy was unlawful.

Judges:

Latham J

Citations:

Times 21-Jan-2000, [1999] EWHC 835 (Admin), (2001) 33 HLR 6

Links:

Bailii

Statutes:

Housing Act 1996 Part VI

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 28 April 2022; Ref: scu.88705

Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another: Admn 26 Apr 2005

Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury.
Held: It has always been a principle of the interpretation of statutes that the courts should seek to construe them so as to produce a just and fair law. The courts presume that Parliament intended to legislate justly, fairly and reasonably Adult swimmers with full knowledge of the risks were free to take them. The risks arose from their choice to take them, not from the permission which might be given.

Judges:

Stanley Burnton J

Citations:

[2005] EWHC 713 (Admin), Times 19-May-2005, [2005] 1 WLR 2930

Links:

Bailii

Statutes:

Health and Safety At Work Act 1974 3, Hampstead Heath Act 1871 16

Jurisdiction:

England and Wales

Citing:

Cited – Tomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers.
Held: The council’s . .
Cited – Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department HL 29-Nov-2001
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic . .
Cited – Regina v British Steel Plc CACD 31-Dec-1994
British Steel employed two sub-contractors to work in moving a steel tower under their supervision. One platform fell on one of the sub-contractors, killing him. British Steel claimed they had delegated their responsibilities under the Act, and were . .
Cited – Dickenson v Fletcher 1873
A penal statute should receive a strict or restrictive interpretation. Brett J said: ‘Those who contend that a penalty may be inflicted must show that the words of the Act distinctly enact that it shall be incurred under the present circumstances. . .
Cited – Francis v Yiewsley and West Drayton Urban District Council 1958
The claimant was said to have failed to comply with an enforcement notice.
Held: A person prosecuted for failure to discontinue a use in accordance with an enforcement notice could challenge the validity of the notice before the criminal court . .
Cited – Regina v Board of Trustees of the Science Museum CA 26-May-1993
The appellants were convicted of failing to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, persons not in their employment were not exposed to risks to their health and safety. One of their buildings . .
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – Ratcliff v McConnell and Jones CA 30-Nov-1998
The claimant, a nineteen year old student climbed into a college property in the early hours of the morning, and then took a running dive into the shallow end of a swimming pool, suffering severe injuries. He was accompanied by friends and had been . .
Cited – Darby v National Trust CA 29-Jan-2001
The claimant’s husband drowned swimming in a pond on the National Trust estate at Hardwick Hall. Miss Rebecca Kirkwood, the Water and Leisure Safety Consultant to the Royal Society for the Prevention of Accidents, gave uncontradicted evidence, which . .
Cited – Weld-Blundell v Stephens HL 1920
A physical cause may be irrelevant as a matter of law. The law is concerned not with causation, but with responsibility. Lord Sumner said: ‘more than half of human kind are tale-bearers by nature’.
Where a legal wrong was committed without loss . .
Cited – Donoghue v Folkestone Properties Limited CA 27-Feb-2003
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common.
Held: The . .
Cited – Regina v Associated Octel Ltd CACD 3-Aug-1994
The company was said to have failed in its duties under section 3(1) of the 1974 Act.
Held: The maintenance and cleaning of a company’s premises can be part of its undertaking, for which its managers are criminally responsible, even if outside . .
Cited – M’Lean v Bell 1932
The House considered liability in negligence after a motor accident.
Lord Wright said: ‘In one sense, but for the negligence of the pursuer (if she was negligent) in attempting to cross the road, she would not have been struck, and as a . .
Cited – Austin Rover Group Ltd v Her Majesty’s Inspector of Factories HL 1990
The relevant factors in the phrase the words ‘so far as is reasonably practicable’ are the foreseeable risk of injury and the cost of the preventive measures. ‘Sections 2 and 3 impose duties in relation to safety on a single person, whether an . .
Cited – Norris v W Moss and Sons Ltd CA 1954
The employer had erected scaffolding in a way which infringed the Regulations.
Held: He was not to be held liable to his employee who had noticed the defect and set about remedying it negligently and was injured as a result. The breach of the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Health and Safety, Personal Injury

Updated: 27 April 2022; Ref: scu.224387

Pascoe v First Secretary of State and others: Admn 27 Sep 2006

The claimant challenged a compulsory purchase order made under the 1993 Act on the grounds of underuse of properties in the area.
Held: The respondent’s decision had been made on the basis that there was underuse of a ‘predominant number’ of properties. That phrase added an unlawful gloss to the statutory requirement and watered the test down. The decision was therefore unlawful.

Judges:

Forbes J

Citations:

[2006] EWHC 2356 (Admin), [2007] 1 WLR 885

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993 159(1)

Jurisdiction:

England and Wales

Citing:

Cited – Berkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
Cited – Meyrick Estate Management Ltd and others v Secretary of State for Environment, Food and Rural Affairs Admn 3-Nov-2005
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 27 April 2022; Ref: scu.245126

Attorney General v London County Council: HL 19 Mar 1907

The annual income of the London County Council liable to, and on which they paid, income tax was pounds 956,000, consisting of pounds 838,000 derived from rents and co., and pounds 118,000, the annual value of landed property occupied by themselves. They had from time to time under their statutory powers created capital stock, which was charged upon their whole property. As interest on this stock they annually paid to shareholders (always deducting income tax due thereon), the sum of pounds 1,371,000, the amount by which their own income was insufficient to pay this interest being raised by means of rates. Admittedly, they were entitled to retain for themselves so much of the deducted income tax as represented the tax on their income from rents and other sources – London County Council v. Attorney-General [1901], A.C. 26. Held that they could not retain, but were bound to hand over to the Crown, the amount of tax representing the tax on the value of the lands owned and occupied by them (pounds 118,000).

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, Robertson and Atkinson

Citations:

[1907] UKHL 1000, [1907] UKHL TC – 5 – 242, 5 TC 242

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Income Tax, Local Government

Updated: 27 April 2022; Ref: scu.622277

Montgomerie and Co Ltd v Haddington Burgh: HL 21 Feb 1908

The Burgh Sewerage, Drainage, and Water Supply (Scotland) Act 1901, sec. 5, enacts-‘The powers and duties of the town council of any burgh, as the authority under the principal Act [ i.e., by sec. 1, the Burgh Police (Scotland) Act 1892 (55 and 56 Vict. cap. 55)] with reference to sewerage and drainage or water supply, shall extend to the whole area of the burgh as existing for the purposes of the Public Health (Scotland) Act 1897, and the town council of any burgh as the authority under the principal Act, in addition to the powers conferred upon them by the principal Act or any other Act, shall, with reference to sewerage and drainage or water supply within such area, have the same rights, powers, and privileges as are conferred by the Public Health (Scotland) Act 1897 upon local authorities under that Act in districts other than burghs, with the exception of the rights, powers, and privileges conferred by sections one hundred and twenty-two and one hundred and thirty-one of the last-mentioned Act, to which sections the present section shall not apply, and in so far as necessary for giving effect to this enactment the last-mentioned Act, and the Acts and parts of Acts incorporated therewith, are, subject to the necessary modifications, incorporated with the principal Act. . . ‘
Held that under the above-quoted section a burgh, in the formation of sewers, is entitled to proceed either (1) under the provisions of the Burgh Police (Scotland) Act 1892, or (2) under the provisions of the Public Health (Scotland) Act 1897, both of which are a complete code within themselves; and in particular, having proceeded under the Act of 1897, a burgh is not bound to obtain the consent of proprietors required by sec. 217 of the Act of 1892.

Judges:

Lord Chancellor (Loreburn), Lord Robertson, and Lord Collins

Citations:

[1908] UKHL 337

Links:

Bailii

Jurisdiction:

Scotland

Local Government, Utilities

Updated: 26 April 2022; Ref: scu.621495

Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’

Citations:

[2018] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, European, Local Government, Licensing

Updated: 26 April 2022; Ref: scu.621440

Manchester Carriage and Tramways Co v Swinton and Pendlebury Urban District Council: HL 15 Dec 1905

Section 43 of the Tramways Act 1870 provides:-‘Where the promoters of a tramway in any district are not the local authority, the local authority . . may . . by notice . . require such promoters to sell, and thereupon such promoters shall sell to them their undertaking, or so much of the same as is within such district, upon terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever) of the tramway, and all lands, buildings, works, materials, and plant of the promoters suitable to and used by them for the purposes of their undertaking within such district . . ‘
Held that the words ‘within such district’ qualified the word ‘undertaking’ and not the words ‘lands . . promoters,’ and that accordingly a local authority acquiring a tramway undertaking under the above section was bound to pay the promoters the value of a depot suitable to and used by them in the undertaking, although not situated within the district of the local authority.
Judgment of Court of Appeal reversed.

Judges:

Lords Macnaghten, Robertson, and Lindley

Citations:

[1905] UKHL 573, 43 SLR 573

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621199

Mayor and Corporation of Westminster v London and North-Western Railway Co: HL 24 Jul 1905

An Act of Parliament conferred upon a sanitary authority power to construct lavatories under its streets, but conferred no power to make subways.
Held that in constructing an underground lavatory with access from both sides of a street, which constituted and was in fact used as a subway, the sanitary authority had not acted , its primary intention having been bona fide to construct a lavatory and not a subway.
Observed by the Lord Chancellor-‘That where the Legislature has conferred a statutory power to a particular body, with a discretion as to how it is to be used, it is beyond the power of any court to contest that discretion, assuming the thing done is the thing which the Legislature has authorised.’
Lord Lindley said: ‘I am not aware of any authority to show that the High Court can properly grant an injunction to restrain a public body, authorised to make a particular work for some public purpose, from exercising its authority on the ground that in the opinion of the Court the work being made is larger or handsomer and more costly than it need have been . . unless the Court is of opinion that the statutory authority is a mere cloak to screen a really unauthorised work.’
Lord Macnaghten: ‘A public body invested with statutory powers . . must take care not to exceed or abuse its powers. It must keep within the limits of the authority committed to it. It must act in good faith. And it must act reasonably . . and have some regard to the interest of those who may suffer for the good of the community.’

Judges:

Lord Chancellor (Halsbury), Lords Macnaghten, James of Hereford, and Lindley

Citations:

[1905] UKHL 560, 43 SLR 560

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621184

VI, Regina (on The Application of) v London Borough of Lewisham: Admn 15 Aug 2018

The Claimant applies for judicial review of an assessment (or reassessment) of needs completed by the Defendant London Borough of Lewisham pursuant to section 9 of the Care Act 2014

Judges:

Andrew Henshaw QC

Citations:

[2018] EWHC 2180 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621164

WX, Regina (on The Application of) v Northamptonshire County Council: Admn 14 Aug 2018

‘These two applications for judicial review concern decisions to make significant cuts to the library service in Northamptonshire. While austerity measures have led to the closure of many libraries around the country, evidence placed before me suggests that the scale of these cuts is unprecedented. They must be seen in the context of a local authority facing unprecedented financial difficulties. Although the claimants suggest that many of the problems are of the defendant’s own making, the simple truth is that action must be taken to regain control of a very precarious financial situation.’

Citations:

[2018] EWHC 2178 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621166

D and J Nicol v Dundee Harbour Commissioners: HL 10 Dec 1914

Harbour ratepayers, being members of the constituency erected by Act of Parliament to elect the harbour trustees, and being persons for whose benefit the harbour is kept up, have a title to prevent the harbour trustees committing an ultra vires act which directly affects the trust property.
Harbour trustees, who were vested by statute in a ferry within certain limits, hired out occasionally for excursions beyond the ferry limits their steamers when not required for ferry purposes, without having any power so to do expressed in their statute. Held that their action was not ‘incidental to or consequential upon’ the things authorised by statute, and was therefore ultra vires, and interdict granted.

Judges:

Lord Chancellor (Haldane), Lord Dunedin, Lord Atkinson, and Lord Parmoor

Citations:

[1914] UKHL 138, 52 SLR 138

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.620733

Bradford Corporation v Myers: HL 12 Nov 1915

By section 20 of its private Act of 1871 the Corporation of Bradford, who are the gas-supply authority and under obligation to supply gas in the town, ‘may sell, manufacture, store, and dispose of coke . . in such manner as the Corporation may think fit.’ On 10th October 1912, in pursuance of an order from the respondent, the appellants, the Corporation, delivered coke to him. Through the negligence of the appellants’ servant the coke was put through the respondent’s shop window in place of down the shoot in the pavement. The respondent sued for damages. The appellants pleaded in defence the Public Authorities Protection Act, sec. 1.
Held (affirming the judgment of the Court of Appeal – 1915, 1 K.B. 417) that the coke was delivered in pursuance of a voluntary contract, and not in execution ‘of any Act of Parliament or of any public duty or authority,’ and consequently the Public Authorities Protection Act did not apply.

Judges:

The Lord Chancellor (Buckmaster), Viscount Haldane, Lords Dunedin, Atkinson, and Shaw

Citations:

[1915] UKHL 776, 53 SLR 776

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.620701

Edinburgh Parish Council v Local Government Board for Scotland: HL 9 Mar 1915

The Poor Law (Scotland) Act 1898, section 5, enacts-‘(1) Whenever any parish council shall have obtained, in terms of the Poor Law Removal Act 1862, a warrant for the removal from any parish in Scotland to England or Ireland of any English-born or Irish-born poor person who has not acquired a settlement by residence in Scotland, and to whom the immediately preceding section does not apply, such poor person, if he or she shall have resided continuously in such parish for not less than one year before the date of the application for relief (her deceased husband’s residence, if necessary, being reckoned as part of her residence in the case of a widow), may, within fourteen days after intimation of the granting of such warrant and of the right to appeal in this sub-section mentioned, appeal to the Local Government Board, which Board shall without delay investigate the grounds of such appeal and determine whether it is reasonable and proper that such poor person shall be so removed. The inspector of poor of the parish whence the poor person is proposed to be removed shall be bound to intimate to the poor person the granting of the warrant and the right of appeal; and no warrant in terms of the Poor Law Removal Act 1862 shall be carried out until the expiry of the said fourteen days, or, if an appeal is taken, until it has been disposed of by the Board. (2) In the case of a poor person as in the preceding sub-section mentioned, the inspector of poor shall also be bound to send by registered letter a notice to the clerk to the board of guardians of the union or parish in England or Ireland named in the warrant of removal that if they desire they may, within fourteen days after the receipt of such notice, appeal to the Local Government Board against the removal, and shall with such notice transmit a copy of the depositions taken before the sheriff granting the warrant; and if the board of guardians shall so appeal, the Local Government Board shall without delay investigate the grounds of such appeal and determine whether it is reasonable and proper that such poor person shall be removed. No warrant in terms of the Poor Law Removal Act 1862 shall be carried out until the expiry of the said fourteen days, or, if an appeal is taken, until it is disposed of by the Board.’
Held (1) that the condition attached to the right of appeal conferred in subsection (1), ‘if he or she shall have resided continuously in such parish for not less than one year before the date of the application for relief,’ did not attach to the right of appeal conferred by sub-section (2) on the board of guardians; and (2) that the word ‘resided’ was to be taken in its ordinary meaning of ‘lived’ and not as requiring the intelligent residence necessary in the case of acquiring a settlement.

Judges:

Earl Loreburn, Lord Kinnear, Lord Dunedin, Lord Atkinson, Lord Parker, Lord Sumner, and Lord Parmoor

Citations:

[1915] UKHL 335, 52 SLR 335

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 26 April 2022; Ref: scu.620676

XPQ v The London Borough of Hammersmith and Fulham: QBD 7 Jun 2018

The claimants said that the defendant housing authority had failed in its duties toward her as a victim of sex trafficking to provide her with accommodation as a homeless person.
Held: The claim failed.

Judges:

Langstaff J

Citations:

[2018] EWHC 1391 (QB), [2018] WLR(D) 349

Links:

Bailii

Statutes:

Parliament and Council Directive 2011/36/EU

Jurisdiction:

England and Wales

European, Local Government, Housing

Updated: 25 April 2022; Ref: scu.620077

Glasgow Corporation Order: HL 26 Mar 1912

This Order was promoted by the Corporation of Glasgow for a number of purposes. Its main objects were to get powers with regard to (1) tramways, (2) city improvements, (3) supply of gas, (4) amendment of the Glasgow Police Acts as to traffic, advertising, and trading in the streets, and (5) varying the incidence of assessment for parks and statute labour purposes, which had formerly been borne by occupiers only, and was now proposed to be imposed on owners and occupiers equally.
The Order was opposed, as regards the extension of the Corporation’s limits of gas supply, by the Busby and District Gas Company, and as to certain police provisions and change in the incidence of assessment, by various associations, firms, and individuals.
Small portions of the new tramway lines authorised by the Order were situated outside the city, and, in conformity with General Order 130, a clause was inserted in the Order providing that section 43 of the Tramways Act 1870 should apply to these tramways. That section provides that where tramways are constructed within the district of another local authority, that authority shall have right to purchase such tramways at a certain future time.
It was represented by the promoters that the local authorities concerned had no objection to the Corporation acquiring a permanent right to these portions of tramway, and that such an arrangement was in accordance with prior local legislation affecting the Glasgow tramway system. They accordingly moved the Commissioners to recommend that the clause in question should be struck out of the Order before its final confirmation by Parliament. The Commissioners were satisfied that such a recommendation should be made, and reported to that effect.
The Commissioners deleted from the Order certain provisions in excess of the general law relating to the prohibition and regulation of street trading, and they allowed a clause giving certain powers of control over vehicles or boards carried in the streets for advertising purposes.
After evidence had been led for the promoters and for various objectors to the Order, the Commissioners held the preamble proved, subject to the adjustment of certain clauses.

Judges:

The Earl of Cathcart, Lord Saye and Sele, Sir John Dewar, Bart., M.P. (Chairman), and Sir William Robertson

Citations:

[1912] UKHL 1054

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 25 April 2022; Ref: scu.619237

Murphy v The King: HL 12 May 1911

A person who was in fact below seventy years of age was awarded an old age pension by a local pension committee; no appeal against the award was brought in the manner prescribed by the Act. The pension officer afterwards obtained new information as to the pensioner’s age, and he then raised a ‘question,’ in the manner provided by the Act, to the effect that the pensioner was not of the statutory age and was therefore not entitled to a pension. The local pension committee decided to continue the pension. The pension officer appealed in terms of the Act to the Local Government Board (the central pension authority), which deprived the pensioner of the pension.
Held that the Local Government Board had jurisdiction to declare the pensioner disentitled to the pension notwithstanding section 7 (2) which provides that ‘the decision of the local pension committee on any claim or question which is not referred to the central pension authority . . shall be final and conclusive.’

Judges:

Lord Chancellor (Loreburn), Lords Ashbourne, Alverstone, C.J., Atkinson, and Shaw

Citations:

[1911] UKHL 622, 49 SLR 622

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 25 April 2022; Ref: scu.619195

Dulgheriu and Another v The London Borough of Ealing: Admn 2 Jul 2018

Pro-Life protesters sought the setting aside of a Public Spaces Protection Order which restricted their ability to protest outside an abortion centre.
Held: Having reviewed the Order, the challenge was rejected.

Citations:

[2018] EWHC 1667 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 24 April 2022; Ref: scu.619003