Category: Local Government

KM, Regina (on The Application of) v Cambridgeshire County Council: SC 31 May 2012

The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had estimated the total at andpound;157,000 a year, but the Council offered andpound;85,000, applying its own upper banding calculator system.
Held: The challenge to the assessment failed. It was rational for the Authority to use its resource allocation and upper banding calculator systems. Any flaw in the application of those systems would in fact have benefitted the applicant. Though its presentation of its reasoning was flawed, subsequent explanations had clarified the reasoning. There was little point in now pursuing a challenge which was more likely to reduce the amount payable than to increase it.

Lord Phillips, President, Lord Walker, Lady Hale, Lord Brown, Lord Kerr, Lord Dyson, Lord Wilson
[2012] UKSC 23, UKSC 2011/0145, [2012] PTSR 1189, [2012] WLR(D) 171
Bailii, Bailii Summary, SC Summary, SC
Chronically Sick and Disabled Persons Act 1970 2(1), Health and Social Care Act 2001
England and Wales
Citing:
Appeal from – KM, Regina (on The Application of) v Cambridgeshire County Council CA 9-Jun-2011
The claimant was a severely disabled adult, entitled to assistance under the 1970 Act. He had been refused leave to bring judicial review of the decision as to the extent of that assistance.
Held: Leave was granted, and the court decided to . .
At first instance – KM, Regina (on The Application of) v Cambridgeshire County Council Admn 26-Nov-2010
The claimant sought leave to bring judicial review of the decision of the Respondent as to the amount attributable to his care package.
Held: Leave was refused. . .
Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 28-Oct-2010
. .
Cited – W, Regina (on The Application of) v Birmingham City Council Admn 19-May-2011
The claimants suffered disabilities and required assistance and support from the defendant council. They now challenged the couuncil’s decision that whereas in the past it had supported those with either severe or critical needs, it would now . .
Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .

Lists of cited by and citing cases may be incomplete.

Benefits, Local Government

Leading Case

Updated: 01 November 2021; Ref: scu.459833

Sisters of the Sacred Heart of Mary Ltd and others v Royal Borough of Kingston Upon Thames: ChD 14 Mar 2008

The defendant proposed an unmanned barrier across a private right of way. Many residents agreed, but the claimants did not. They operated schools requiring access and said that the gates would substantially interfere with their right of way. The council said that it had the required power under the 1933 Act. There had previously been a manned barrier, but the new system involving the use of codes would create difficulties for the many visitors to the school.
Held: The Act unequivocally gave powers to the Authority to install and manage gates. Any prior private rights over the roadways were subsumed in the rights given by the 1933 Act, and were not recovered by prescription or under the doctrine of lost modern grant. The proposed gate would in any event create a very substantial interference by the authority in the statutory rights of access of the claimants and of their licensees. The availability of alternative routes was no answer, and ‘a code-operated barrier is a recipe for chaos in many circumstances. ‘If an attended gate was installed, the council was entitled to charge the residents accordingly under the Act.

John L Powell QC
[2008] EWHC 563 (Ch), Times 18-Apr-2008
Bailii
Maldens and Coombe Urban District Council Act 1933 11(1), Prescription Act 1832 2
England and Wales

Land, Local Government

Updated: 01 November 2021; Ref: scu.268728

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 with named others. The council was using the orders to attempt to control gang activities.
Held: Section 222 does not give a council substantive powers, but only powers supplemental to fulfilling its other duties. The powers were procedural in nature, allowing them to exercise powers formerly vested only in the Attorney General. The orders sought were in substance those for which the ASBO legislation provided, but the orders had been sought with evidence which would not have been admissible even on an application for an ASBO. The court below had been incorrect to hold that it did not have the jurisdiction claimed, the cases were not so exceptional as to allow the civil law to be used to support the criminal law. The judge could not on the evidence have been sufficiently sure that the defendants’ behaviour justified an order.

Sir Anthony Clarke MR, Rix LJ, Moore-Bick LJ
[2008] EWCA Civ 1186, [2009] 1 WLR 1961, [2009] CP Rep 1, [2009] PTSR 503, [2009] 3 All ER 127, [2009] BLGR 367
Bailii
Local Government Act 1972 111 222, Supreme Court Act 1981 37(1), Anti-social Behaviour Act 2003
England and Wales
Citing:
Cited – Attorney General v Chaudry CA 1971
The court has jurisdiction to grant a civil law remedy by way of injunction in order to enforce the public law, except in cases where statute had expressly or by necessary implication removed the jurisdiction. Whenever Parliament has enacted a law . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Cited – Kent County Council v Batchelor 1979
. .
Cited – Runnymede Borough Council v Ball CA 1986
An injunction was granted to restrain a nuisance because of a threat of irreversible damage. . .
Cited – Stoke-On-Trent City Council v B and Q (Retail) Ltd HL 1984
The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a . .
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 – Attorney-General v PYA Quarries Ltd CA 1957
In a relator action, an injunction was sought to prevent the respondent from emitting quantities of dust from their quarry. The court had to decide what were the constituents of the offence of a public nuisance, and how this differed from a private . .
Cited – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Cited – 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 . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-2008
Balance of probabilities remains standard of proof
There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having . .
Cited – In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D HL 11-Jun-2008
The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls . .
Cited – Nottingham City Council v Zain (a Minor) CA 31-Jul-2001
The council had power under the Act to seek, in its own name, an injunction to prevent an alleged drug-dealer minor to enter a housing estate, and put an end to public nuisances. The authority was not acting outside its powers if it considered the . .
Cited – Guildford Borough Council v Hein CA 27-Jul-2005
The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes.
Held: The defendant’s appeal was allowed in part. There had to be shown something more than . .
Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .

Cited by:
Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
Cited – Birmingham City Council v James and Another CA 17-May-2013
The appellant challenged an injunction under the 2009 Act excluding him from parts of Birmingham. He said that it prevented him visiting his mother.
Held: The appeal failed. Moore-Bick LJ said: ‘It was for the judge to decide on the basis of . .

Lists of cited by and citing cases may be incomplete.

Local Government, Litigation Practice, Crime

Updated: 31 October 2021; Ref: scu.277357

Stojak, Regina (on The Application of) v Sheffield City Council: Admn 22 Dec 2009

The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that the case brought by way of judicial review was brought out of time.
Held: The authority had sought out people to whom such support should have been given but had failed to find the deceased. However the claimant had initially failed to pursue the matter by way of judicial review, wrongly awaiting the outcome of a Local Government Ombudsman’s report, and time to claim should not be extended.

Grenfell S P
[2009] EWHC 3412 (Admin)
Bailii
Mental Health Act 1983 117
England and Wales
Citing:
Cited – Regina v Education Committee of Blackpool Borough Council ex parte Taylor 1999
The court emphasised that a party considering challenging by way of a judicial review a local government decision should not first await the outcome of a reference to the Local Government Ombudsman, since he has no power to set aside the decision. . .
Mentioned – Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc Admn 15-Oct-1999
. .
Cited – Regina v Manchester City Council, ex parte Stennett etc HL 25-Jul-2002
The applicants were former mental patients who had been admitted to hospital compulsorily under section 3. On their release they were to be given support under section 117. The authorities sought to charge for these services, and appealed a decision . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health, Judicial Review

Updated: 31 October 2021; Ref: scu.384461

Bromley London Borough Council v Greater London Council: HL 17 Dec 1981

Councillors’ Duties replace Election Promises

Bromley complained of a supplementary precept issued by the respondent to implement a commitment, contained in an election manifesto for the election in May 1979, upon which the majority on the GLC had been elected.
Held: In making choices of policy or action on particular matters following an election, those who were elected must not ‘treat themselves as irrevocably bound to carry out pre-announced policies contained in election manifestos.’ The Council had a fiduciary duty owed to all rate payers and council tax payers to conserve its available financial resources. Its duties were owed not just to ratepayers, but In making choices of policy or action on particular matters following an election, those who were elected must not ‘treat themselves as irrevocably bound to carry out pre-announced policies contained in election manifestos.’
Lord Brandon of Oakbrook said: ‘It is, of course, entirely appropriate for a council, the majority of whose members have been elected after setting out a particular policy in their election manifesto, to take into account, and give considerable weight to, that circumstance when exercising their discretion in relation to that policy after they have been elected and come to power. It is, however, entirely wrong for such a majority to regard themselves as bound to exercise their discretion in relation to that the policy in accordance with their election promises, whatever the cost and other countervailing considerations may turn out to be.’

Lord Diplock, Lord Wilberforce, Lord Keith, Lord Scarman, Lord Brandon of Oakbrook
[1983] AC 768, [1982] 1 All ER 153, [1981] UKHL 7, [1982] 2 WLR 62
Bailii
Transport (London) Act 1969
England and Wales
Cited by:
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina v Braintree District Council ex parte Halls Admn 2-Jul-1999
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant . .
Cited – University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others ChD 9-Dec-2004
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive . .
Cited – Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .

Lists of cited by and citing cases may be incomplete.

Local Government, Constitutional

Leading Case

Updated: 31 October 2021; Ref: scu.187441

Regentford Ltd v Thanet District Council: Admn 18 Feb 2004

The council sought to enforce payment of arrears of council tax. The company responded that proceedings had not been begun in time. The company contended that time ran from the day when the council set the precept. The regulations said that time ran from the date of service of the notification of liability served on the respondent. The first would have been out of time, but the second was not, and the action could proceed.
Held: A failure to serve the notice as soon as practicable did not operate as a bar to recovery of the tax, unless the breach had occasioned some procedural or substantive prejudice.
Lightman J said: ‘The statutory duty is imposed at least in substantial part for the protection of those from whom the billing authority may seek payment of council tax. The notice is required to enable the recipient to know that a claim may be made for payment and accordingly to take immediate steps to prepare and assemble any necessary evidence to establish that there is not a duty to pay . . and to arrange his finances to make payment.’

Lightman J
[2004] EWHC 246 (Admin), Times 04-Mar-2004, Gazette 18-Mar-2004, [2004] RA 113
Bailii
Local Government Finance Act 1992, Council Tax (Administration and Enforcement) Regulations 1992
England and Wales
Citing:
Distinguished – Encon Insulation Ltd v Nottingham City Council Admn 9-Jun-1999
When the rating authority discovered ratable premises, and issued claims going back in time the test was not whether they were unaware of them earlier, but whether they could have taken steps beforehand to discover the existence of the premises. A . .

Cited by:
Cited – North Somerset District Council v Honda Motor Europe Ltd and Others QBD 2-Jul-2010
Deleayed Rates Claims Service made them Defective
The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created . .

Lists of cited by and citing cases may be incomplete.

Rating, Local Government

Updated: 31 October 2021; Ref: scu.193708

Regina (Ashbrook) v East Sussex County Council: CA 20 Nov 2002

The claimant complained that the respondent had failed properly to secure removal of an admitted obstruction to a public footpath. The landowner had applied for a diversion of the footpath, which the respondent recommended for adoption, but the complainant had objected that the respondent had failed to follow its own policies, in that it should have considered first whether the obstruction could reasonably have been removed. The matter was to be referred to the Secretary of State for a possible public enquiry.
Held: The policy document was not formally adopted, but the council had not taken proper account of the existence of a continued flouting of a court order by the landowner, and the Order for diversion must be quashed and the Council must reconsider the application.

Lord Justice Dyson, Lord Justice Schiemann, Lady Justice Arden
[2002] EWCA Civ 1701, [2003] 1 P and CR 13
Bailii
Highways Act 1980 119
England and Wales
Citing:
Cited – Regina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .
Cited – Regina (Hargrave and Another) v Stroud District Council CA 22-Jul-2002
The applicants had sought to vary a footpath to move it further away from their house. The parish council objected. The council had decided that it would be expedient under the Act to divert it, but went on to decide against a diversion and against . .
Cited – Regina v London Borough of Newham and Manik Bibi and Ataya Al-Nashed CA 26-Apr-2001
CS The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a . .

Lists of cited by and citing cases may be incomplete.

Land, Local Government, Planning

Updated: 31 October 2021; Ref: scu.178439

Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law.
Held: The decision was one which did engage the applicant’s human rights. The officer was not an independent tribunal, but his decision was of the nature recognised in the jurisprudence as administrative, being areas of law considered regulatory and welfare schemes in which decision making was by custom delegated to administrative officers, and such decisions typically did not give rise to a right of appeal on the facts. The appeal on law was adequate.

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Millett, Lord Walker
[2003] UKHL 5, [2003] 1 All ER 739, Gazette 03-Apr-2003, [2003] 2 WLR 388, [2003] 2 AC 430, [2003] ACD 41, [2003] NPC 21, [2003] HRLR 16, [2003] HLR 32, [2003] UKHRR 419, [2003] BLGR 205, 14 BHRC 400, [2003] Hous LR 20
House of Lords, Bailii, Bailii
European Convention on Human Rights 6.1, Housing Act 1996 204, Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 (1996 No 3205, Allocation of Homelessness Functions (review Procedures) Regulations 1999 (1999 No 71)
England and Wales
Citing:
Cited – Bryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
Appeal from – London Borough of Tower Hamlets v Runa Begum CA 6-Mar-2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – London Borough of Newham v Adan CA 14-Dec-2001
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority . .
Cited – Kingsley v The United Kingdom (No 2) ECHR 28-May-2002
The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. . .
Cited – The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
Cited – Kaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .

Cited by:
Cited – Dyson Limited v The Registrar of Trade Marks ChD 15-May-2003
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
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 . .
Cited – Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
Cited – Hall v London Borough of Wandsworth CA 17-Dec-2004
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been . .
Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Cited – Cramp v Hastings Borough Council CA 29-Jul-2005
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. . .
Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
Cited – MB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq.
Held: The section allowed the Secretary of State to impose any necessary conditions, but . .
Cited – Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Cited – F v Birmingham City Council CA 2-Nov-2006
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had . .
Cited – Ali v Birmingham City Council CA 7-Nov-2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether . .
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
Cited – Heald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – G, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
Cited – Tomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
Cited – Cart, Regina (on The Application of) v The Upper Tribunal and Others CA 23-Jul-2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and . .
Cited – Bubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
Cited – Bubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Administrative, Local Government

Leading Case

Updated: 31 October 2021; Ref: scu.179047

Moss, Regina (on The Application of) v KPMG Llp: Admn 14 Oct 2010

The claimant objected to accounts drawn by the defendant auditors for Bolton Council, saying that they had wrongfully included sums from parking fines which had (he said) been unlawfully claimed by the Council. He contended that because parking restriction signs had departed from the statutory specification, the applicable TRO was unenforceable, and any PCN was similarly unenforceable, and any income received as a result of its issue had been unlawfully received by the local authority.
Held: Ouseley J said: ‘In my judgment, the event which gives rise to liability to a PCN in the de-criminalised parking scheme (the equivalent of the offence under a criminal statute) is parking in contravention or non-compliance with a provision in the 2005 Consolidated Order. The provisions of the Order are couched in language such as ‘the prohibition on parking during controlled hours on a road within a specified zone or loading bay or taxi rank’. Those controls may be specified other than by reference to specific markings. I assume that the provision prohibiting a stay longer than paid for in permitted on-street parking bays is in similar vein. It therefore seems to me that two approaches are possible although neither arises unless the signs depart from the prescribed form in a more than trivial way. The first approach, on what I have been shown of the Bolton MBC Orders, is not to ask whether the signs comply with the Regulations where contravention of the sign itself is not prohibited. It is to ask whether the signing of the restrictions was adequate to inform the average driver of what he should or should not do or where. This would reflect decisions such as Hassan and James v Caley. I have not been shown any provision of the TRO which makes non-compliance with a prescribed marking or sign, by itself, a contravention of the TRO. It appears to be the reverse. The sign informs the driver about the restriction in the TRO. And if the restriction is itself adequately conveyed by means other than the sign and the sign does not mislead about the nature or extent of the restriction, the TRO on that approach may be enforced by PCN.
The importance of this is that it may contrast with the language of the offences in Davis v Healey and Canadine v Director of Public Prosecutions in which the offence itself was contravening the prescribed road marking or sign. So any deficiency in the prescribed sign was directly in issue . . The alternative approach is to ask whether – subject to trivial non-compliance – the markings meet the prescribed requirements. If not, those markings should not have been placed on the road at all and the requirements or restrictions they indicated have no force, even though it may be perfectly clear from the deficient signs where and to what extent the restriction applies.’
Follow the strict Davis v Heatley approach. He said: ‘I have not found this an easy issue to resolve, not least because of my uncertainty about the statutory provisions which I have actually received (late and incompletely perhaps), the differing lines of authority and also because the issues have not been argued either by the auditor or by Bolton MBC.
In the end, and without great confidence, I have concluded that what Mr Hickinbottom said in Buckinghamshire County Council should be taken to be the law. The purpose behind a common prescribed system of road signs and markings includes certainty for drivers wherever they are in the country. They are not therefore faced with different varieties of signs wherever they go for the same permitted parking, prohibitions and restrictions. The common system also regulates signs in order to avoid clutter and confusion to road users by regulating what can or cannot be put on the road surface or signs by its side.’
Ouseley J
[2010] EWHC 2923 (Admin)
Bailii
Audit Commission Act 1998 16 17
England and Wales
Citing:
Applied – Davies v Heatley QBD 1971
The defendant appealed, by case stated, against his conviction of failing to stay to the left of a continuous white line. An intermittent white line had been placed between the two continuous white lines. The magistrates convicted saying that the . .

Cited by:
Incorrect – Herron and Another, Regina (on The Application of) v The Parking Adjudicator CA 27-Jul-2011
The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double . .

Lists of cited by and citing cases may be incomplete.
Updated: 31 October 2021; Ref: scu.426507

Birmingham City Council v James and Another: CA 17 May 2013

The appellant challenged an injunction under the 2009 Act excluding him from parts of Birmingham. He said that it prevented him visiting his mother.
Held: The appeal failed. Moore-Bick LJ said: ‘It was for the judge to decide on the basis of the evidence before him whether in order to prevent the appellant from engaging in gang-related violence it was necessary to exclude him from the Newtown area of Birmingham altogether or whether he could be allowed to go there from time to time, and if so, subject to what restrictions. There was plenty of evidence to support the conclusion that the gang of which the appellant was a leading member had its base in the Newtown area and that for a time its leading members, including the appellant, used to meet at his mother’s house.’
Jackson LJ said that there was no ‘closest fit’ principle: ‘The courts . . now have at their disposal three different pre-emptive orders for dealing with violent or anti-social behaviour. Defence counsel can, of course, invite the first instance court to impose a less draconian order than that which is sought by the applicant. The judge will then exercise his or her discretion to make whatever order seems most appropriate in the circumstances, provided that the statutory conditions are satisfied. The judge may direct that an application may be made either to a different court or for a different remedy from that which is claimed. On such an application, the judge may exercise his powers under s. 1B of the 1998 Act (which enables an ASBO to be made in the course of ongoing county court proceedings). There is, however, no ‘closest fit’ principle which cuts down the court’s statutory powers to make pre-emptive orders. ‘
Maurice Kay VP, Moore-Bick, Jackson LJJ
[2013] EWCA Civ 552, (2013) 177 JP 425, [2014] 1 WLR 23, [2013] WLR(D) 185
Bailii, WLRD
Policing and Crime Act 2009 34
England and Wales
Citing:
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 . .
Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – Swindon Borough Council v Redpath CA 11-Sep-2009
The defendant appealed against the issuing of an anti-social behaviour order for ‘housing-related conduct’ where the conduct alleged had no connection with council tenants or property.
Held: The appeal failed. ‘Housing-related’ meant ‘directly . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.509308

East Suffolk Rivers Catchment Board v Kent: HL 1941

An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but no duty to do so. They had however entered onto land to begin works.
Held: A statutory power could not in itself generate a common law duty of care. The respondents had argued that they had a duty to do and were in breach.
Lord Atkin (dissenting) said: ‘By going onto the land and commencing the work, the Catchment Board had done an act which created a common law duty to complete the work with reasonable despatch.’
and ‘I treat it therefore as established that a public authority whether doing an act which it is its duty to do, or doing an act which it is merely empowered to do, must in doing the act do it without negligence, or as it is put in some of the cases must not do it carelessly or improperly. Now quite apart from a duty owed to a particular individual which is the question in this case I suggest that it would be difficult to lay down that a duty upon a public authority to act without negligence or not carelessly or improperly does not include a duty to act with reasonable diligence by which I mean reasonable dispatch. I cannot imagine this House affording its support to a proposition so opposed to public interests where there are so many public bodies exercising statutory powers and employing public money upon them.’
Lord Romer, Lord Atkin
[1941] AC 74, [1940] UKHL 3
Bailii
Land Drainage Act 1930 6
England and Wales
Citing:
Cited – Smith v Cawdle Fen, Ely (Cambridge) Commissioners 1938
The plaintiff’s land had been damaged by flooding. The defendants had power to execute works which might have prevented the floods.
Held: The defendants were under no duty, having only a power. The statute did not direct or require the . .
Cited – Gillett v Kent Rivers Catchment Board 1938
. .

Cited by:
Distinguished – Stovin v Wise (Norfolk City Council, 3rd party) CA 16-Feb-1994
A road user was injured on a corner which was known to the highway authority to be dangerous. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view.
Held: The . .
Doubted – Anns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Connor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .
Cited – Robinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.179787

Bluebird Boats Ltd, Regina (on The Application of) v The Royal Parks Ltd: Admn 17 Dec 2020

Interim application for permission to bring judicial review proceedings in relation to a decision by the defendant, The Royal Parks Limited (‘TRP’), not to grant the claimant an extension to a contract by way of concession for the operation of boating facilities in Hyde Park, on the Serpentine, and in Greenwich Park.
[2020] EWHC 3647 (Admin)
Bailii
England and Wales

Updated: 27 October 2021; Ref: scu.657345

Cuffy v City of New York: 1987

New York Court of Appeals – The court set out the elements of a special relationship between a municipality and a plaintiff which would negate a municipality’s claim to immunity: ‘(1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality’s agents that inaction could lead to harm; (3) some form of direct contact between the municipality’s agents and the injured party; and (4) that party’s justifiable reliance on the municipality’s affirmative undertaking.’
(1987) 513 NYS2d 372, (1987) 505 NE2d 937, (1987) 69 NY2d 255
United States
Cited by:
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556809

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 court should be reluctant to interfere in the exercise of a statutory discretion, that discretion must not be exercised for a non-statutory purpose. The purpose was to prevent crime, not to regulate arrangements between a licensee and his customers. ‘The practice of Parliament is to provide for the protection of consumers by means of primary legislation which can be applied uniformly across the country. It is not its practice to delegate powers to legislate in this area to individual local authorities.’ Even if the conditions would not be incorporated into any contract with the consumer, the statements required would amount to representations.
Lord Hope of Craighead, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Carswell
[2004] UKHL 16, Times 06-Apr-2004, [2004] 28 SLLP 32, 2004 SCLR 849, 2004 GWD 12-273, 2004 SLT 383
House of Lords, Bailii
Civic Government (Scotland) Act 1982, Sale of Goods Act 1979 13
Scotland
Citing:
Appeal from – Douglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
. .
Cited – Rogers v Parish (Scarborough) Ltd CA 1987
The plaintiff appealed against rejection of his claim that the car he had bought from the defendant was not of merchantable quality. The goods were a Range Rover bought for a sum in excess of andpound;14,000.
Held: The appeal was allowed. . .
Cited – Heilbut Symons and Co v Buckleton HL 11-Nov-1912
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing . .
Cited – Bartlett v Sidney Marcus Ltd 1965
A dealer will be bound by the implied condition in section 14(3) that a vehicle sold will be reasonably fit for the purpose as a vehicle to drive along the road. . .
Cited – Eastern Marine Services (and Supplies) Ltd v Dickson Motors Ltd 1981
The pursuer agreed to purchase a second-hand car from a car dealer on the basis of an assurance that the mileage shown on the odometer was genuine. It was alleged that this assurance was false and that the pursuers were entitled to damages. The . .
Cited – Twomax Ltd v Dickson, McFarlane and Robinson 1982
. .
Cited – Kruse v Johnson QBD 16-May-1898
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge . .
Cited – Spook Erection Ltd v City of Edinburgh District Council ScSf 1995
. .
Cited – Rossi v Magistrates of Edinburgh HL 1904
Conditions in an ice-cream vendors’ licence which restricted their right to open their shops when they liked and sell what they pleased were held to be ultra vires of the licensing authority. The court applied the rule that while the legislature may . .
Cited – Mixnams Properties Ltd v Chertsey Urban District Council HL 1965
The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee’s powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends . .
Cited – Nicol v Magistrates of Aberdeen 1870
A very strong case is required before a court could intefere with the exercise of a statutory discretion given to a local authority in a matter affecting the community. . .
Cited – Da Prato v Magistrates of Partick IHCS 1907
. .
Cited – Pyx Granite Co Ltd v Minister of Housing and Local Government CA 1958
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites.
Held: Conditions attached to the planning permission relating to such matters as the times when . .
Cited – Reid v Mini-Cabs SCS 1966
The general aim of regulations imposed by local authorities on traders was to ensure the good conduct and efficiency of the various trades and activities for the benefit and protection of the citizens in the burgh. . .
Cited – Grampian Regional Council v Secretary of State for Scotland HL 1983
The House endorsed the practice of imposing negative conditions in planning consents, upholding the validity of a condition that the development of the site could not commence until the road on the western boundary of the site had been closed by a . .
Cited – Hyslop v Shirlaw 1905
. .
Cited – Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd CA 3-Mar-1965
When a person gives a promise or an assurance to another, intending that he should act on it by entering into a contract, and he does act on it by entering into the contract, it is binding.
Lord Denning MR said of a collateral warranty: . .

Cited by:
Appealed to – Douglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
. .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.195057

Durayappah of Chundikuly, Mayor of Jaffna v Fernando and Others: PC 15 Dec 1966

(Ceylon)
[1966] UKPC 29, [1967] 2 All ER 152, [1967] 3 WLR 289, [1967] 2 AC 337,
Bailii
England and Wales
Cited by:
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.445113

Regina (on the Application of J) v London Borough of Enfield and Another: Admn 4 Mar 2002

The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support.
Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and his or her mother. Section 2 of the 2000 Act might be of assistance, being drafted in broad terms to provide new powers for local authorities, including the power to assist in these circumstances. A local authority had power under the 2000 Act to provide an immigrant from Ghana whose status had not yet been determined with financial assistance for acquiring accommodation if this was the only way to avoid a breach of the applicant’s Article 8 rights. The facts of that case were that, if the immigrant was not assisted to acquire accommodation, it would be necessary to take her child into care. It was common ground that this would violate her Article 8(1) rights. Where a Convention right would be infringed if a local authority concluded that it was not open to it to exercise a particular power which it had, but that the infringement could be avoided by exercising some other power which it had, the power to exercise that other power becomes a duty to exercise it.
Justice Elias
Times 18-Apr-2002, [2002] EWHC 432 (Admin), [2002] 5 CCLR 434, [2002] 2 FLR 1
Bailii
Children Act 1989 17, Local Government Act 2000 2, European Convention on Human Rights A8
England and Wales
Citing:
Applied – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an . .
Cited – Regina (A) v Lambeth London Borough Council QBD 25-May-2001
The duty imposed by section 17 of the Act on local authorities to safeguard and promote the welfare of children is a general duty only, and is not capable of being enforced for the benefit of a particular child by way of judicial review. As a so . .

Cited by:
Cited – K v London Borough of Lambeth CA 31-Jul-2003
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing . .
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – Morris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.168730

Jarvis v Hampshire County Council: CA 23 Nov 1999

A child who did not receive sufficient education appropriate to his disability (dyslexia), did not acquire a right to claim in damages against the education authority. This applies both to claims of misfeasance in public office and in negligence. The authority owed him no direct duty of care. The claim of misfeasance implied dishonesty which would have to be clearly supported.
Times 23-Nov-1999, Gazette 17-Dec-1999
England and Wales
Citing:
Appealed to – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited by:
Appeal from – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Updated: 23 October 2021; Ref: scu.82500

W v Essex County Council and Another: HL 17 Mar 2000

A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike out the claim. It was actionable. The psychiatric damage pleaded was not necessarily too remote. That would be a matter for the judge at trial. ‘Whether the nature of the council’s task is such that the court should not recognise an actionable duty of care, in other words that the claim is not justiciable, and whether there is a breach of the duty depend, in the first place, on an investigation of the full facts known to, and the factors influencing the decision of, the defendants.’
Lord Slynn of Hadley
Gazette 30-Mar-2000, Times 17-Mar-2000, [2000] UKHL 17, [2000] 2 All ER 237, [2000] 2 WLR 601, [2001] 2 AC 592, [2000] 1 FLR 657, [2000] 1 FCR 568, (2000) 53 BMLR 1, [2000] BLGR 281
HL, Bailii
England and Wales
Citing:
Appeal from – W 1-6 v Essex County Council and Another CA 2-Apr-1998
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.
Foster parents sued the . .

Cited by:
Cited – A and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
Cited – AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
Cited – Taylor v A Novo (UK) Ltd CA 18-Mar-2013
The deceased had suffered a head injury at work from the defendant’s admitted negligence. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The . .
Cited – Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.90209

A Local Authority v The Mother and Others: FD 11 May 2020

‘The canard of secrecy has bedevilled the family justice system in the past. The significant strides towards transparency in recent years have not yet entirely changed the public perception. There is, in my view, an understandable concern amongst the public and members of the press that failings by public bodies, particularly on the scale I identified, should not be concealed in any way. For many the importance of scrutinising such failings in a fully transparent way transcends the need to protect the privacy of vulnerable children. There are two fundamental rights engaged here, freedom of speech and children’s privacy as a facet of their family life. When evaluating where the balance lies between these two competing rights and interests it is important, to my mind, that judges of the Family Court do not allow ourselves to remain magnetically attracted to the welfare principle (i.e. that the welfare of the child is the paramount consideration). To do so distorts the relevant balancing exercise.’
[2020] EWHC 1162 (Fam)
Bailii
England and Wales

Updated: 19 October 2021; Ref: scu.655237

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 election and a change of control; the council resolved to rescind the original resolution. The judge was not satisfied that malice had been proved against the leader of the new majority or against any others who voted. The claimant said that the change was activated by malice.
Held: In a legal system based on the rule of law, executive or administrative power ‘may be exercised only for the public good’ and not for ulterior and improper purposes. A local authority exercising private-law functions as a landlord is potentially capable of being sued in misfeasance. A new trial was ordered to investigate the presence of malice.
Nourse LJ, Slade LJ
[1990] 1 WLR 54
England and Wales
Citing:
Appealed to – Jones v Swansea City Council HL 2-Jan-1990
The case concerned the reversal at a council meeting of a decision taken under different political control. The principal complaint centred on two councillors but it was that all 28 members of that Labour group who took part in that decision had . .
Cited – 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 . .

Cited by:
Appeal from – Jones v Swansea City Council HL 2-Jan-1990
The case concerned the reversal at a council meeting of a decision taken under different political control. The principal complaint centred on two councillors but it was that all 28 members of that Labour group who took part in that decision had . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – Barnard v Restormel Borough Council CA 6-Feb-1998
The council appealed a refusal to strike out the proceedings. The claimant alleged misfeasance in a planning decision giving a competitor consent to development. He said the mayor had deceived the planning committee as to the need to consider the . .
Cited – Hilda Amoo-Gottfried v Legal Aid Board (No 1 Regional Committee) CA 1-Dec-2000
The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.194968

Barnard v Restormel Borough Council: CA 6 Feb 1998

The council appealed a refusal to strike out the proceedings. The claimant alleged misfeasance in a planning decision giving a competitor consent to development. He said the mayor had deceived the planning committee as to the need to consider the two applications together.
Held: The requirements for proof of tort of misfeasance were set out in Three Rivers and Bourgoin. The claimant here could not establish evidence of malice in the required way and the claim should be struck out.
[1998] EWCA Civ 173
England and Wales
Citing:
Cited – Bourgoin SA v Minister of Agriculture Fisheries and Food CA 1985
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .
Cited – Three Rivers District Council v Bank of England QBD 22-Apr-1996
In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in . .
Cited – Smith v Swansea City Council HL 1990
When considering the deliverations of a committee, if a majority of those who took the decision were malicious in the relevant sense, that would make the decision itself malicious. . .
Cited – Calveley v Chief Constable of the Merseyside Police HL 1989
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
Cited – Jones v Swansea City Council HL 2-Jan-1990
The case concerned the reversal at a council meeting of a decision taken under different political control. The principal complaint centred on two councillors but it was that all 28 members of that Labour group who took part in that decision had . .
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 by:
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.143651

Baggs Case: 1675

[1675] EngR 119, (1675) 1 Rolle 224, (1675) 81 ER 448 (C)
Commonlii
England and Wales
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 13 October 2021; Ref: scu.404244

Rex v Mayor of Stratford: 1670

The Corporation dismissed a Town Clerk who held office durante bene placito.
Held: As the person having the power of dismissal need not have anything against the officer, he need not give any reason.
(1670) 1 Lev 291
England and Wales
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 13 October 2021; Ref: scu.653091

Burgess v Northwich Local Board: 1880

In the context of the duty of a local parish to maintain a highway, Lindley J said: ‘An occasional flooding, even if it temporarily renders a highway impassable, is not sufficient to sustain an indictment for non-repair.’
Counsel accepted that: ‘There is no authority whatever for indicting a parish in respect of a road being impassable by reason of water, unless of course the water was a consequence of neglect to cleanse ditches or some such omission of duty.’
Lindley J
(1880) 6 QBD 264, [1880] LJQB 219, [1880] 44 LT 154, [1880] JP 256, [1880] 26 Digest (Repl) 352
England and Wales
Citing:
See Also – Burgess v Northwich Local Board 1877
The jurisdiction of an arbiter was not ousted by a mere denial of liability. The authority had a duty to provide at least some prima facie evidence first. . .

Cited by:
See Also – Burgess v Northwich Local Board 1877
The jurisdiction of an arbiter was not ousted by a mere denial of liability. The authority had a duty to provide at least some prima facie evidence first. . .
Cited – Burnside and Another v Emerson and Others CA 1968
The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of . .
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 . .
Cited – Burnside v Emerson CA 1968
A car crashed as a result of running into a pool of storm-water lying across the road. The pool had been caused by the authority’s failure properly to maintain the drainage system, which had become blocked.
Held: The claim succeeded. Diplock . .
Cited – Pritchard v Clwyd County Council CA 16-Jun-1992
The plaintiff was injured wading through a flooded street. She claimed damages alleging a failure to maintain the storm water sewers. The defendants appealed a finding that they were responsible, and she appealed a contributory negligence . .

Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.222761

Cooper v Wandsworth Board of Works: CCP 21 Apr 1863

A house owner had failed to give proper notice to the Board they had under an Act of 1855 authority to demolish any building he had erected and recover the cost from him. This action was brought against the Board because they had used that power without giving the owner an opportunity of being heard. The Board maintained that their discretion to order demolition was not a judicial discretion and that any appeal should have been to the Metropolitan Board of Works.
Byles J said: ‘although there are no positive words in a statute requiring that the party shall be heard, yet the justice of the common law will supply the omission of the legislature’.
Erie CJ held that the power was subject to a qualification repeatedly recognised that no man is to be deprived of his property without his having an opportunity of being heard and that this had been applied to ‘many exercises of power which in common understanding would not be at all a more judicial proceeding than would be the act of the district board in ordering a house to be pulled down’.
Willes J said that the rule was ‘of universal application and founded upon the plainest principles of justice’
Byles J, Eyrie CJ, Willes J
(1863) 32 LJCP 185, (1863) 14 CBNS 180, (1863) 143 ER 414, [1863] EngR 424
Worldlii
England and Wales
Cited by:
Approved – Hopkins and Another v Smethwick Local Board of Health CA 1890
Willes J said: ‘In condemning a man to have his house pulled down, a judicial act is as much implied as in fining him pounds 5 ; and as the local board is the only tribunal that can make such an order its act must be a judicial act, and the party to . .
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.653095

Akumah v London Borough of Hackney: HL 3 Mar 2005

The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the passing of a byelaw. The scheme was operated by independent subcontractors. The appellant had received three ‘tickets’ and on each occasion, the basis of the charge was misdescribed. In seeking recovery of the sums extracted he argued that the scheme was invalidly imposed. The council argued that the tickets had been invalidated anyway.
Held: Parking rights were properly within the scope of management of the houses. The concept of management is to be construed widely. The matter was properly implemented by a council resolution.
Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell
[2005] UKHL 17, Times 04-Mar-2005, [2005] 1 WLR 985
Bailii, House of Lords
Housing Act 1985 23(1), Greater London Council (General Powers) Act 1975 7(1)
England and Wales
Citing:
Appeal from – Akumah v London Borough of Hackney CA 17-Apr-2002
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution.
Held: ‘section 7(1) extends the powers of a housing . .
Cited – Vine v London Borough of Waltham Forest CA 5-Apr-2000
The act of wheel clamping a car which was unlawfully parked is a trespass to goods. To avoid an action for damages, the clamper must show that the car parker consented to the clamping. He can do so by showing, in accordance with established . .
Cited – Arthur and Another v Anker CA 1-Dec-1995
Clamping on Private Land may not be unlawful
The owners of private land engaged the defendants to prevent unauthorised parking. The defendants erected notices at the entrance to the car park and placed notices around the perimeter in red and white under the prominent heading ‘Warning’ and . .
Cited – Wheeldon v Burrows CA 17-Jun-1879
Quasi-Easements granted on sale of part of Estate
S owned a workshop and an adjoining plot of land. The workshop had three windows looking out over the plot. The property was sold in separate lots at auction. The land was sold with no express reservation of any easements, and then similarly the . .
Cited – Sovmots Investments Ltd v Secretary of State for the Environment HL 28-Apr-1977
The section in the 1881 Act does not apply to a quasi-easement because ‘When land is under one ownership one cannot speak in any intelligible sense of rights, or privileges, or easements being exercised over one part for the benefit of another. . .
Cited – Shelley v London County Council CA 1948
Taking into account the scope and policy of the Housing Acts, local authorities’ powers of management of housing accommodation should be construed ‘in the widest possible sense.’ . .
Cited – Regina v London Borough of Ealing, Ex parte Lewis CA 1992
The court was asked as to the issue of a local housing authority’s power under the 1989 Act, to expend money on ‘the repair, maintenance, supervision and management of houses and other property’.
Held: The phrase should be given ‘a wide . .
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Leavt to appeal to CA – Akumah v London Borough of Hackney CA 27-Nov-2001
Application for leave to appeal. The council had introduced a parking scheme for its housing estates. The resident challenged its validity saying it had been introduced by council resolution not by byelaw. Leave granted . .

Cited by:
Appealed to – Akumah v London Borough of Hackney CA 17-Apr-2002
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution.
Held: ‘section 7(1) extends the powers of a housing . .
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.
Updated: 10 October 2021; Ref: scu.223139

Dowty Boulton Paul Ltd v Wolverhampton Corporation (No 2): 1976

The right to take-off and land airplanes on an airfield enabled the dominant owners to step in and mow the field sufficient to create and maintain runways when the servient owners discontinued its use as an airfield. This was held not to amount to an ouster.
[1976] 1 Ch 13
England and Wales
Citing:
See Also – Dowty Boulton Paul Ltd v Wolverhampton Corporation 1971
An order was sought to require the defendant tenants to keep an airfield open as a going concern.
Held: The order was refused. Pennycuick V-C said: ‘It is very well established that the court will not order specific performance of an . .

Cited by:
Cited – Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council CA 18-Feb-2020
Appropriation was not in sufficient form
The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed.
Cited – Regency Villas Title Ltd and Others v Diamond Resorts (Europe) Ltd and Others SC 14-Nov-2018
A substantial historic estate had been divided. A development of one property was by way of leasehold timeshare properties enjoying rights over the surrounding large grounds with sporting facilities. A second development was created but wit freehold . .

Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.648250

Boyejo and Others, Regina (on The Application of) v Barnet London Borough Council: Admn 15 Dec 2009

The claimants complained that in making their decisions about future provision of care services to them, the authorities had failed to give appropriate recognition of their needs and rights. The authorities had referred to these.
Held: The decisions were vitiated. The reference on is own was insufficient to meet the statutory duties. Though it made reference to the issues it was not possible to conclude that due regard had been given.
Judge Milwyn Jarman, QC
[2009] EWHC 3261 (Admin), Times 22-Jan-2010
Bailii
Disability Discrimination Act 1995 49(1)(a)
England and Wales

Updated: 08 October 2021; Ref: scu.384152

Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd: HL 1992

A public authority is not required as a rule to give a cross undertaking in damages in a law enforcement action. As to the legal status of the statutory instrument in question, the courts could ‘declare it to be invalid’ if satisfied that the Minister acted outwith his powers conferred by the primary legislation, whether the order was ‘ultra vires by reason of its contents (patent defects) or by reason of defects in the procedure followed prior to its being made (latent defects):’ and ‘Under our legal system, however, the courts as the judicial arm of Government do not act on their own initiative. Their jurisdiction to determine that a statutory instrument is ultra vires does not arise until its validity is challenged in proceedings inter partes either brought by one party to enforce the law declared by the instrument against another party or brought by a party whose interests are affected by the law so declared sufficiently directly to give him locus standi to initiate proceedings to challenge the validity of the instrument. Unless there is such challenge and, if there is, until it has been upheld by a judgment of the court, the validity of the statutory instrument and the legality of acts done pursuant to the law declared by it are presumed. It would, however, be inconsistent with the doctrine of ultra vires as it has been developed in English law as a means of controlling abuse of power by the executive arm of Government if the judgment of a court in proceedings properly constituted that a statutory instrument was ultra vires were to have any lesser consequence in law than to render the instrument incapable of ever having had any legal effect upon the rights or duties of the parties to the proceedings. Although such a decision is directly binding only as between the parties to the proceedings in which it was made, the application of the doctrine of precedent has the consequence of enabling the benefit of it to accrue to all other persons whose legal rights have been interfered with in reliance on the law which the statutory instrument purported to declare.’
Lord Goff of Chieveley
[1993] AC 227, [1992] 3 WLR 170
England and Wales
Citing:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
Appeal from – Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd CA 12-Jun-1991
. .

Cited by:
Cited – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.186524

M, Regina (On the Application of) v Birmingham City Council: Admn 30 Sep 2008

The Claimant challenged the policy of the Defendant relating to the payment of residence order allowances and alternatively the application of that policy and the decision made by the Defendant to refuse to pay him that allowance.
Charles J
[2008] EWHC 1863 (Admin), (2009) 12 CCL Rep 40, [2009] 1 FLR 1068, [2009] Fam Law 396, [2009] 2 FCR 327
Bailii
Children Act 1989
England and Wales

Updated: 30 September 2021; Ref: scu.347096

Regina v Spurrell and Walker: QBD 15 Nov 1865

Where a servant occupies premises of his master, without paying rent, as part remuneration for his services, in order to ascertain whether the servant is a ‘substantial householder ‘ within the 43 Eliz. c. 2, s. 1, so as to be eligible to the office of overseer of the poor, the question is whether the occupation is subservient and necessary to the service; if it is, the occupation is that of the master; if it is not, the occupation is that of a tenant, and the servant is a ‘householder.’
(1865-1866) LR 1 QB 72, [1865] UKLawRpKQB 21
Commonlii
England and Wales

Updated: 30 September 2021; Ref: scu.653036

Akerman v London Borough of Richmond: Admn 27 Jan 2017

The claimant challenged a byelaw made by the respondent making it a criminal offence to moor a boat against specified land. It was said that the law was made for an improper purpose and was a disproportionate interference with right to private life.
Held: Appeal dismissed.
Beatson LJ, Nicol J
[2017] EWHC 84 (Admin), [2017] PTSR 351, [2017] WLR(D) 68
Bailii, WLRD
England and Wales

Updated: 30 September 2021; Ref: scu.573483

M (A Child), Regina (on the Application of) v Sheffield Magistrates’ Court and Another: Admn 27 Jul 2004

The local authority applied for and obtained an anti-social behaviour order (ASBO) in respect of a child in their care. The boy sought judicial review.
Held: There was a real potential conflict of interest on the part of the authority. On the one hand it had a duty to promote his welfare, and on the other it was the relevant authority to make an application under the 1998 Act. The position was not easily resolved. The authority could do its best to make sure that the child had independent protection of his interests by the obtaining of appropriate written reports.
[2004] EWHC 1830 (Admin), Times 30-Aug-2004, (2005) 169 JPN 818, [2005] ACD 43, (2005) 169 JP 557, [2004] Fam Law 790, [2005] BLGR 126, [2005] 1 FLR 81, [2004] 3 FCR 281
Bailii
Crime and Disorder Act 1998 1, Children Act 1989 22(4)
England and Wales

Updated: 29 September 2021; Ref: scu.199643

Onesearch Direct Holdings Ltd (T/A Onesearch Direct) v City of York Council: Admn 19 Mar 2010

The court considered the conditions under which the respondent authority replied to all enquiries as to properties within its area. The replies were given by a standardised all inclusive information sheet derived from a central database. The authority would not allow either access to the raw data, nor provide piecemeal responses. The claimant argued that the statutory background implied a duty to allow access to the raw data.
Held: While a court can interpret a statute merely authorising an authority to take an action as imposing a duty where a failure to act would frustrate the purpose of the Act, it was not as clear that a similar interpretation could be imposed to support a different statute. The background information to the 2004 Act clearly anticipated authorities allowing access to the raw data, preferring initially a voluntary approach. That preference undermined an interpretation imposing an obligation, and there was in fact no obligation imposed on the council to allow access to the raw data.
Hickinbottom J
[2010] EWHC 590 (Admin)
Bailii
Local Government Act 1972, Local Government Act 2000 2, Local Authorities (Charges for Land Searches) Regulations 1994 (SI 1994 No 1885) 2
England and Wales
Citing:
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – The Sussex Peerage Case 1844
Statements against penal interest are outside the common law exception of statements against interest. The oral confession of a deceased person was considered.
The court considered principles of statutory interpretation: ‘Acts should be . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 September 2021; Ref: scu.403378

Regina v Basildon District Council, ex parte Brown: CA 1981

The status of a market was not relevant to the crucial question whether the stallholder’s licence had been validly terminated. The exercise of the powers by the local authority must be governed by the same principles whether in relation to a statutory market or an unofficial market managed by the local authority in the interests of the local community.
Templeman LJ
(1981) 79 LGR 655
England and Wales
Cited by:
Applied – Regina v Wear Valley District Council, ex p Binks 1985
The applicant operated a hot food takeaway caravan from a market place. She had no written licence, operating under an informal arrangement with the local authority. Her rights were terminated without notice.
Held: The decision was quashed. It . .
Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .

Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.185800

Mitchell v Glasgow City Council: SCS 30 Jun 2005

Outer House
Lord Bracadale
[2005] ScotCS CSOH – 84, 2005 Rep LR 101, 2005 SCLR 920, 2005 GWD 34-645, 2006 Hous LR 8, 2005 SLT 1100
Bailii
Scotland
Cited by:
Appeal from – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 September 2021; Ref: scu.381480

Regina v Secretary of State ex parte Hammersmith and Fulham London Borough Council: HL 4 Oct 1990

16 local authorities joined together to challenge the bringing in of the community charge, and of rules giving central government a greater say over management of local finance by local authorities.
Held: Acts which are essentially political are subject to a lesser standard of justification to resist intervention by the courts. These decisions related to a matter of national economic policy, and the court would not intervene outside of ‘the extremes of bad faith, improper motive or manifest absurdity’ and the court should be particularly cautious and reluctant to intervene.
Lord Bridge of Harwich said: ‘The decided cases on this subject establish the principle that the courts will readily imply terms, where necessary, to ensure fairness of procedure for the protection of parties who may suffer a detriment in consequence of administrative action. Clearly, this principle applies to decisions whereby citizens may be affected in their person, their property, or their reputation. The principal equally applies to public bodies or public authorities affected by an administrative decision which are based on their having acted, or which necessarily implies they have acted, unlawfully or discreditably’.
Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Oliver of Aylmerton, Lord Goff of Chieveley, Lord Jauncey of Tullichettle
[1990] 3 WLR 898, [1991] 1 AC 521, [1991] UKHL 3
Bailii
Local Government Finance Act 1988
England and Wales
Cited by:
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 September 2021; Ref: scu.194048

Whitchurch v The Board of Works for the Fulham District: QBD 20 Jan 1866

A board of works, under the Metropolitan Management Acts, passed a resolution that a certain road should be repaired, and instructed the surveyor to estimate the cost and apportion it on the owners of property through which the road passed. The surveyor divided the road into four sections, and apportioned the cost of repairing each section amongst the owners of property in each section respectively. These apportionments were confirmed by resolutions of the board.
Held: that although the board might, under s. 105 of 18 and 19 Vict. c. 120, and ss. 77 and 112 of 25 and 26 Vict. c. 102, have resolved that part of the road should be repaired, yet, as they had resolved that the whole road should be repaired, there ought to have been but one apportionment on all the owners along the entire road ; and that the separate apportionments were invalid, and could not be enforced.
[1866] UKLawRpKQB 3, (1865-1866) LR 1 QB 233
Commonlii
England and Wales

Updated: 14 September 2021; Ref: scu.653046

Regina v Saint Leonard, Shoreditch: 8 Nov 1865

Poor – Irremoveability – Break of Residence – 9 and 10 Vict, c. 66, s. 1.
A woman, having resided for sixteen years in the parish of S., was obliged through poverty to sell her furniture and give up her lodgings; and being destitute, she slept for one night on doorsteps in the same parish, and after that, for twenty-one successive nights in a refuge for the houseless poor in an adjoining parish ; during the daytime she wandered about, chiefly in the parish of S. She then applied to be admitted into the workhouse of S.; but being refused, she slept for two nights in the parish, and after that was received into the workhouse, and an order for her removal applied for.
Held, that the pauper had not ceased to reside in the parish of S., and was therefore irremoveable.
(1865-1866) LR 1 QB 21, [1865] UKLawRpKQB 8
Commonlii
England and Wales

Updated: 12 September 2021; Ref: scu.653032

Marriott v Minister of Health: 1936

[1936] LJKB 105, [1939] 1 KB 232, [1938] 4 All ER 32
England and Wales
Cited by:
Appeal from (Affirmed) – Marriott v Minister of Health CA 1936
Nottingham Corporation on June 4th 1930, resolved that a certain area should be a clearance area, and on the same day made a compulsory purchase order in respect or part thereof. On that part of the area there were 39 houses of which 27 were the . .
Cited – Khanum v Mid Glamorgan Area Health Authority EAT 1979
In a domestic tribunal such as that a disciplinary hearing, all that is required is that the three basic requirements of natural justice be fulfilled; namely (1) that the person should know the nature of the accusation against him or her; (2) that . .

Lists of cited by and citing cases may be incomplete.
Updated: 11 September 2021; Ref: scu.518490

The Queen v The Board Of Works For The District of St Olave’s, Southwark: 18 Nov 1857

Certiorari availablity for Error of Law

A party said he had been an officer of certain Commissioners, whose functions by statute came to an end, and was entitled to compensation. He applied for it to the district board. They rejected his claim. He appealed to the Metropolitan Board of Works who allowed it. In respect of their decision there was a ‘no certiorari’ clause. A rule was obtained to quash the order of the Metropolitan Board, and affidavits were filed in support of a contention that the person concerned had ceased to be an officer before the Act came into operation which ended the Commissioners’ functions. In showing cause against the rule it was submitted that the question whether the person was an officer was the very point that the Metropolitan Board had on appeal to decide. In support of the rule it was submitted that the facts were not disputed on the appeal and that the decision ‘was entirely on a mistake of law.’ To that submission Lord Campbell CJ replied: ‘Supposing it to be so the court of appeal were to decide both on law and fact.’ The Court held that the certiorari ought not to have been granted and the rule to quash the order of the metropolitan board was discharged. Lord Campbell CJ said that it was not a case in which the jurisdiction of the board depended on a preliminary point and that if they thought that the person was de jure an officer and entitled to compensation their order was not removable.
Lord Campbell CJ
[1857] EngR 897, (1857) 8 El and Bl 529, (1857) 120 ER 198
Commonlii
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.290643

The King v Cotterill: 6 Nov 1871

King Charles the Second, by charter granted to the Corporation of Walsall two fairs, to be holden annually within the borough and foreign, and confirmed to them all markets which they then held, with a reservation of the rights of the lord of the manor; it appeared that a market had been holden immemorially in the High-Street of WaIsall until a very late period, when the corporation, finding it inconvenent, removed it out of the High-Street to another and more convenient place within the borough; the corporation had exercised acts of ownership in pulling down an old market-house and erecting a new one; the clerk of the markets, however, had been appointed by the lord of the manor, but he did not receive any toll from the persons frequenting it. The defendant having been indicted for a nuisance in erecting stalls in the High-Street after the removal of the market, the Judge, upon the trial, left it to the jury to say whether the corporation were owners of this market; adding, that if they were, the right of removal was incident to the grant. The jury having found in the affirmative, the Court refused to grant a new trial.
[1871] EngR 42 (B), (1817) 1 B and A 67
Commonlii
England and Wales

Updated: 07 September 2021; Ref: scu.280223

North Cyprus Tourism Centre Ltd and Another, Regina (on the Application Of) v Transport for London: Admn 28 Jul 2005

The defendants had prevented the claimants from advertising their services in North Cyprus on their buses, and justified this saying that the Crown did not recognise the Turkish Republic of North Cyprus since it was the result of an unlawful occupation of the land, and that the advert would be likely to cause offence. The claimants said that this infringed their human rights.
Held: ‘the principle of state recognition or non-recognition is that the actions of the unrecognised state are not lawful, but, where the actions in question are or can be categorised as the lawful acts of a person recognised as existing in English law, they are justiciable by the court in the right of that person. They are not tainted by illegality because the unrecognised state can be associated with the actions.’ The ban could not be justified on the grounds of government advice against travel to the area since te FCO denied giving that opinion. As to human right ‘the decision restricted the first claimant’s freedom of expression by denying it a vital medium for its advertisements. The decision involves a ‘restriction’ regardless of the possibility that the first claimant could advertise elsewhere. It interfered with the freedom of the first claimant to contract with a willing counterparty. ‘ The decision was disproportionate in banning all advertisements for North Cyprus.
Newman J
[2005] EWHC 1698 (Admin), Times 24-Aug-2005
Bailii
Greater London Act 1999 404, European Convention on Human Rights 10
England and Wales
Citing:
Cited – Hesperides Hotels Ltd and Another v Aegean Turkish Holidays Ltd and Another CA 1978
An action was brought by the displaced owner of a hotel in Northern Cyprus taken over by the Turkish administration.
Held: The court declined to exercise an original jurisdiction in the northern part of Cyprus.
Lord Denning MR said that . .
Cited – Aksionairnoye Obschestvo A M Luther v James Sagor and Co CA 1921
A claim was made as to property seized by a decree of Russian revolutionaries later recognised as the government.
Held: A court is required to recognise a foreign state’s dealings with private proprietary rights within its jurisdiction. An . .
Cited – Starred Veysi Dag (VD) (Nationality, Country of Habitual Residence, Trnc) Cyprus Cg IAT 14-Mar-2001
. .
Cited – City of Berne v Bank of England 1804
A state not recognised by the United Kingdom government has no standing in the English courts. . .
Cited – Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
Cited – Gur Corporation v Trust Bank of Africa 1987
Governmental acts of an unrecognised state cannot be recognised by an English court but ‘Common sense and justice may combine to require the qualification of these principles in certain respects.’ Discussing the Carl Zeiss case: ‘Carl Zeiss was . .
Cited – Wheeler v Leicester City Council 1985
The court considered whether it could enquire as to whether one reason for a decision of the respondent was that it could be used as a cloak to disguise an improper ulterior motive. . .
Cited – Wheeler v Leicester City Council 1985
The court considered whether it could enquire as to whether one reason for a decision of the respondent was that it could be used as a cloak to disguise an improper ulterior motive. . .
Cited – Regina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
Cited – Casado Coca v Spain ECHR 24-Feb-1994
The right to freedom of expression is not personal to the individual and is capable of being enjoyed by corporate legal persons, and commercial advertising, such as that of the claimants, is protected by Article 10(1). However, the control of . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Lists of cited by and citing cases may be incomplete.
Updated: 05 September 2021; Ref: scu.229739

G, Regina (on the Application of) v London Borough of Southwark: CA 29 Jul 2008

[2008] EWCA Civ 877, [2009] 1 WLR 34, [2008] 2 FLR 1762, (2008) 11 CCL Rep 705, [2008] Fam Law 1092, [2009] 1 FCR 357
Bailii
Children Act 1989 17 20, Housing Act 1996
England and Wales
Cited by:
Appeal from – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.271222

Westdeutsche Landesbank Girozentrale v Islington London Borough Council; Kleinwort Benson Ltd v Sandwell Borough Council: ChD 23 Feb 1993

A bank, having made payment under an void interest rate swap agreement to a local authority, was entitled to recover the payments made under the equitable doctrine of restitution. It would be wrong to allow the local authorities to enjoy an unjust enrichment. There had been no effective consideration given by the local authorities. ‘The application of the principle is subject to the requirement that the courts should not grant a remedy which amounts to the direct or indirect enforcement of a contract which the law requires to be treated as ineffective.’
Hobhouse J
Independent 25-Feb-1993, Times 23-Feb-1993, [1994] 4 All ER 890
England and Wales
Cited by:
Appeal from – Westdeutsche Landesbank Girozentrale v Islington London Borough Council CA 30-Dec-1993
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers.
Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap . .
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc SC 17-Jun-2015
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.90409

Kleinwort Benson Ltd v Birmingham City Council: CA 20 May 1996

No defence of unjust enrichment was available to defend a claim on a failed interest rate swap agreement.
Times 20-May-1996, [1997] QB 380
England and Wales
Cited by:
Appeal from – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.82811

Solloway v Hampshire County Council: CA 1981

Tree root damage had occurred following two successive very hot and dry summers in 1975 and 1976, in an area where the subsoil was almost all gravel but where, as it happened, under the plaintiff’s house there were pockets of clay. An issue arose as to the foreseeability of there being pockets of clay in the gravel upon which the damaged houses predominantly sat. Another issue concerned the question whether any operation on the trees, short of felling them, would have eliminated the risk posed by the roots if there were exceptionally dry weather and if those roots were passing through clay. At first instance, judgment was given for the plaintiffs in nuisance.
Held: The council’s appeal succeeded. The judge had been wrong to hold that damage to the plaintiff’s house from the tree roots was a reasonably foreseeable risk. The existence of clay pockets under a house such that of the plaintiff was no more than an outside chance, and balancing that risk with the steps that would have been necessary for the defendants to have dealt with the risk, there was no breach of duty on the part of the defendant council.
Dunne LJ said: ‘The duty in respect of the nuisance arises if the encroachment of the roots is known, or ought to be known, to the owner, occupier or other person responsible for the tree and its maintenance, if the encroachment is such as to give rise to a reasonably foreseeable risk that such encroachment will cause damage.’
Sir David Cairns said: ‘To say that a risk of damage is reasonably foreseeable means that it is foreseeable, not merely as a theoretical possibility but as something, the chance of which occurring, is such that a reasonable man would consider it necessary to take account of it. The risk of being struck by lightning when one goes for a walk is not a reasonably foreseeable risk. I should be prepared to hold that the risk in this case was not a reasonably foreseeable risk. If, however, it could be said to be a reasonably foreseeable risk, I am satisfied that it was a risk, such that the cost and inconvenience of taking any effective steps to remove it or reduce it would be quite out of proportion to that risk. There is nothing in the evidence to show that No. 72 Shirley Avenue was any more at risk than any other house in the Avenue. Nor is there anything to show that any operation on the trees, short of felling, would have made the roots safe if there were exceptionally dry weather and if the roots of any particular tree were passing through clay’.
Dunne LJ, Sir David Cairns
(1981) 79 LGR 449, [1981] 1 WLR 1
England and Wales
Citing:
Cited – Solloway v Hampshire County Council CA 1981
Tree root damage had occurred following two successive very hot and dry summers in 1975 and 1976, in an area where the subsoil was almost all gravel but where, as it happened, under the plaintiff’s house there were pockets of clay. An issue arose as . .

Cited by:
Cited – Kirk and others v London Borough of Brent CA 8-Dec-2005
The defendant council had obtained a strike out of the claimant’s assertion that they were responsible in nuisance for damages caused by tree roots.
Held: The claimant’s appeal against the striking out of his claim succeeded. While the simple . .
Cited – Delaware Mansions Limited and others v Lord Mayor and Citizens of the City of Westminster HL 25-Oct-2001
The landowner claimed damages for works necessary to remediate damage to his land after encroachment of tree roots onto his property.
Held: The issue had not been properly settled in English law. The problem was to be resolved by applying a . .
Cited – Berent v Family Mosaic Housing and Others TCC 25-May-2011
The claimant sought damages for subsidence to her property allegedly caused by the roots of trees on the defendants’ properties. Two large plane trees stood in the pavement outside the house and about 12 metres from it. . .
Cited – LE Jones (Insurance Brokers) Ltd v Portsmouth City Council CA 7-Nov-2002
The Council appealed against a finding that it was liable for damage to the claimant’s property caused by the roots of trees on the highway maintained by the appellant. The Council asked whether it was the correct defendant having acted as agent for . .
Cited – Solloway v Hampshire County Council CA 1981
Tree root damage had occurred following two successive very hot and dry summers in 1975 and 1976, in an area where the subsoil was almost all gravel but where, as it happened, under the plaintiff’s house there were pockets of clay. An issue arose as . .
Cited – Robbins v London Borough of Bexley CA 17-Oct-2013
robbins_bexleyCA1013
The claimant said that his house had been damaged by tree roots for which the appellant was responsible. The trees were 33 metres from the house.
Held: The appeal failed. The immediate cause of the damage was a failure to do something which . .
Cited – Hurst and Another v Hampshire County Council CA 19-Jun-1997
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway.
Held: Pre-adoption trees vest in the highway authority for all purposes. . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.241665

The London Borough of Barking and Dagenham v Watts: ChD 26 Feb 2003

The applicant local authority appealed a finding by the pensions ombudsman that it was unlawful for it to have stopped paying to the respondent the enhanced part of her pension benefits.
Held: The enhanced pension scheme was not unlawful, since it satisfied perfectly proper requirements of the applicant. Being intra vires, the authority was bound by its agreement to pay it. The argument that the scheme was unlawful as being no more than an additional payment for services already provided, was unsuccessful.
The Hon Mr Justice Jacob
[2003] EWHC 263 (Ch), Times 11-Mar-2003, Gazette 09-May-2003
Bailii
England and Wales
Citing:
Cited – Hinckley and Bosworth Borough Council v Shaw QBD 2000
Two senior and long term employees of the Council proposed voluntary early redundancy. After discussions, their contracts were varied with enhanced pay so that they would also have enhanced pensions and redundancy payments. Such enhancing agreements . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.179569

Gulliksen v Pembrokeshire County Council: CA 11 Jul 2002

The claimant had tripped on a footpath on a housing estate. There was a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were both the local housing authority and the highway authority at the time of the path’s construction and at the time of the accident. The footpath was a highway, because it had become deemed to be dedicated as such by the time of the accident. At the trial in the County Court Judge Hickinbottom accepted the county council’s argument that the McGeown decision defeated any claim in negligence, but found for the claimant on the basis that the council had constructed the path; they were the highway authority; and that was sufficient to establish that they owed the claimant the statutory duty under s 41 of the 1980 Act. The local authority argued that it was not maintainable at public expense, and so they were not liable for the injury arising from its disrepair. It had formerly been maintainable under the 1959 Act.
Held: The purpose of section 36(1) was to make maintainable at public expense those highways which had been so maintainable under the earlier Act. Arguments in this case about the effect of 36(2)(a) were not to the point. The effect of the 1972 Act was to make the acts of local authorities unitary. The local authority was responsible.
Lord Woolf, Lord Chief Justice, Lord Justice Waller and Lord Justice Sedley
Times 22-Jul-2002, Gazette 12-Sep-2002, [2002] EWCA Civ 968, [2002] 3 WLR 1072, [2002] NPC 95, [2003] QB 123, [2002] 44 EG 172, [2002] 4 All ER 450, [2002] 3 EGLR 9, [2002] 29 EG 149, [2003] BLGR 152
Bailii
Highways Act 1980 36(1), Highways Act 1959, Local Government Act 1972 2 3(1)
England and Wales
Citing:
Cited – Gautret v Egerton 1867
A man fell to his death when crossing a bridge used with the consent and permission of the defendants by persons proceeding to and coming from the defendants’ docks.
Held: The claim by his widow against the bridge owner was dismissed.
Cited – McGeown v Northern Ireland Housing Executive HL 24-Jun-1994
The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right . .
Appeal from – Gulliksen v Pembrokeshire County Council QBD 2002
Mr Gulliksen was walking on a footpath on a housing estate to the house of a friend. He had an accident at a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were . .

Cited by:
Cited – Barlow v Wigan Metropolitan Borough Council CA 1-Jun-2020
Presumption of dedication dates back.
The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. . .

Lists of cited by and citing cases may be incomplete.
Updated: 16 August 2021; Ref: scu.174328

Derbyshire County Council v Times Newspapers Ltd and Others: QBD 1991

The defendant published articles suggesting links between the Council and certain businessmen. The Council sued in defamation. The defendant argued that a local authority should not be able to sue for defamation.
Held: Applying South Hetton, an authority could sue.
Morland J
[1992] QB 770, [1991] 4 All ER 795
England and Wales
Citing:
Applied – South Hetton Coal Company Ltd v North Eastern News Association Limited CA 1894
The plaintiff company sued for defamation in respect of an article which alleged that it neglected its workforce. The defendants contended that no action for libel would lie on the part of a company unless actual pecuniary damage was proved.
Cited by:
Appeal from – Derbyshire County Council v Times Newspapers Ltd and Others CA 19-Apr-1992
In two issues of ‘The Sunday Times’ newspaper on 17 and 24 September 1989 there appeared articles concerning share deals involving the superannuation fund of the Derbyshire County Council. The articles in the issue of 17 September were headed . .
At First Instance – Derbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Cited – Jameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.245337

Regina v Ratepayers of Northowram: QBD 27 Nov 1865

A district formed for ecclesiastical purposes, under the 6 and 7 Vict. c. 37, consisting of parts of two townships, each of which townships separately maintains its own poor and its own highways, is ‘a place having a known and defined boundary’ within the meaning of section 12 of the Local Government Act, 185S, and is not a less place included within a greater within the meaning of section 14.
Preliminary proceedings under ss. 14 and 16 are therefore unnecessary, and the
district may at once adopt the act, at a meeting of owners and ratepayers, convened by the churchwardens; and an order of the Secretary of State confirming such adoption is valid.
(1865-1866) LR 1 QB 110, [1865] UKLawRpKQB 29
Commonlii
England and Wales

Updated: 07 August 2021; Ref: scu.653041

Williams and Another v London Borough of Hackney: SC 18 Jul 2018

On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The parents were allowed to visit the children subject to an agreement. On the expiry of the initial section 20 72-hour period, the family’s solicitors requested their return. The children were only returned after 7 weeks and the family complained of infringement of their right to family life, saying that the agreement signed was uninformed consent. They now appealed from the CA who decided that section 20 did not require active parental consent.
Held: The appeal failed.
‘although it is not a breach of section 20 to keep a child in accommodation for a long period without bringing care proceedings, it may well be a breach of other duties under the Act and Regulations or unreasonable in public law terms to do so. In some cases there may also be breaches of the child’s or the parents’ rights under article 8 of ECHR.’
and ‘ there are circumstances in which a real and voluntary delegation of the exercise of parental responsibility is required for a local authority to accommodate a child under section 20, albeit not in every case (see para 40 above). Parents with parental responsibility always have a qualified right to object and an unqualified right to remove their children at will (subject to any court orders about where the child is to live). Section 20 gives local authorities no compulsory powers over parents or their children and must not be used in such a way as to give the impression that it does. It is obviously good practice in every case that parents should be given clear and accurate information, both orally and in writing, both as to their own rights and as to the responsibilities of the local authority, before a child is accommodated under section 20 or as soon as practicable thereafter.’
Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lady Black JJSC
[2018] UKSC 37, [2018] WLR(D) 454, [2018] 3 WLR 503, UKSC 2017/0037
Bailii, Bailii Summary, WLRD, SC, Bailii Summary, SC Summary Video, SC 14 Feb 2018 am Video, SC 14 Feb 2018 pm Video, SC 15 Feb 2018 am Video, SC 15 Feb 2018 pm Videos
Children Act 1989 20, Human Rights Act 1998 4, European Convention on Human Rights 8
England and Wales
Citing:
At CA – London Borough of Hackney v Williams and Another CA 26-Jan-2017
. .
At QBD – Williams and Another v London Borough of Hackney QBD 17-Sep-2015
Children had been removed from their parents under s20 of the 1989 Act, but then not returned after the expiry of the initial 72 hour period.
Held: The court dismissed the claims for negligence, misfeasance in public office and religious . .
Cited – G, Regina (on the Application of) v Nottingham City Council Admn 1-Feb-2008
The respondent authority had removed the child from the mother at birth but without first obtaining any court authority. The court had made a peremptory order for the return of the child. The court explained its actions.
Held: Neither social . .
Cited – Re N (Children : Adoption: Jurisdiction) CA 2-Nov-2015
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .
Cited – In re W (Children) CA 25-Jul-2014
Appeal against an order made after an agreement within the family that the children should live with the paternal grandmother.
Orse In re W (Parental Agreement with Local Authority)
The mother had placed her three children with their . .
Cited – Re CA (A Baby) FD 30-Jul-2012
Orse Coventry City Council v C, B, CA and CH
This concerned the removal of a baby from her mother on the day of her birth, but the mother, having at first refused to do so, had given her consent to the baby being accommodated. The local . .
Cited – Redcar and Cleveland Borough Council v Others (Re B) CA 30-Jul-2013
The court was asked as to local authority funding in relation to a child, K, who was born in November 2011.
Black LJ explained: ‘I raised the question during the appeal hearing as to whether a parent who is inadequate is in fact ‘willing and . .
Cited – Herefordshire Council v AB FC 1-Feb-2018
. .
Cited – Medway Council v M and T (By Her Children’s Guardian) FC 13-Oct-2015
A child (aged five) was placed in emergency foster care after his mother was detained in hospital under the Mental Health Act. The mother was then too unwell to discuss section 20. The local authority thought that there was no need to issue care . .
Cited – In re H (A Child – Breach of Convention Rights – Damages) FC 29-Oct-2014
A new born baby was placed with foster carers on discharge from hospital. Both parents had learning difficulties and agreed to the baby being placed with a particular couple. At that stage the local authority considered this an informal arrangement . .
Cited – Northamptonshire County Council v AS and Others FD 30-Jan-2015
The mother agreed to the accommodation of her two-week-old baby and care proceedings were issued nearly four months later. The local authority accepted that they had acted in breach of the rights of both mother and child under article 6 and 8, . .
Cited – Re AS (Unlawful Removal of A Child) FC 7-Aug-2015
The case concerned a boy aged eight at the material time, both of whose parents had severe mental health problems. Very shortly after he had been returned to his mother’s care when she came out of hospital, she suffered a relapse and called an . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.620141

Redcar and Cleveland Borough Council v Others (Re B): CA 30 Jul 2013

The court was asked as to local authority funding in relation to a child, K, who was born in November 2011.
Black LJ explained: ‘I raised the question during the appeal hearing as to whether a parent who is inadequate is in fact ‘willing and able to . . provide accommodation’ but it did not excite much argument. That is explained, I think, by there being a common understanding that where parents in fact object to a local authority providing accommodation, a local authority will have to have recourse to care proceedings if they seek to accommodate a child and any debate as to whether the parents are ‘able’ to provide accommodation is to be had in that context, not in the context of section 20.’
(Orse In re B (Looked After Child))
Richards, Leveson, Black LJJ
[2013] EWCA Civ 964, [2013] Fam Law 1382, [2014] 1 FLR 277
Bailii
Children Act 1989 20
England and Wales
Cited by:
Cited – Williams and Another v London Borough of Hackney SC 18-Jul-2018
On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.514247

London Borough of Hackney v Williams and Another: CA 26 Jan 2017

Sir Brian Leveson P QBD, McFarlane, Burnett LJJ
[2017] EWCA Civ 26, [2017] 2 FLR 1216, [2017] WLR(D) 44, [2017] 3 WLR 59, [2019] AC 421, [2017] 2 FLR 1216
Bailii, WLRD
Children Act 1989 20
England and Wales
Citing:
Appeal from – Williams and Another v London Borough of Hackney QBD 17-Sep-2015
Children had been removed from their parents under s20 of the 1989 Act, but then not returned after the expiry of the initial 72 hour period.
Held: The court dismissed the claims for negligence, misfeasance in public office and religious . .

Cited by:
At CA – Williams and Another v London Borough of Hackney SC 18-Jul-2018
On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.573612

G, Regina (on the Application of) v Nottingham City Council: Admn 1 Feb 2008

The respondent authority had removed the child from the mother at birth but without first obtaining any court authority. The court had made a peremptory order for the return of the child. The court explained its actions.
Held: Neither social services nor health workers have power to remove a chid without a court order unless to protect against immediate violence. That power is reserved to police officers in restricted circumstances.
Munby J said: ‘The law is perfectly clear but perhaps requires re-emphasis. Whatever the impression a casual reader might gain from reading some newspaper reports, no local authority and no social worker has any power to remove a child from its parent or, without the agreement of the parent, to take a child into care, unless they have first obtained an order from a family court authorising that step . . ‘ There were two qualifications to this. First, a social worker, or indeed anyone else could intervene where necessary to protect a baby from immediate violence at the hands of a parent, not because of any special power or privilege, but because anyone was entitled to intervene in order to prevent an actual or threatened criminal assault. Second, section 3(5) of the 1989 Act allows a person actually caring for a child to do what is reasonable for the purpose of safeguarding or promoting the child’s welfare, for example, when medical intervention is urgently needed.
Munby J
[2008] EWHC 152 (Admin), [2008] 1 FLR 1660
Bailii
Children (Leaving Care) (England) Regulations 2001 8, Children Act 1989 3(5)
England and Wales
Citing:
Cited – In re M (Care Proceedings: Judicial Review); In the matter of unborn baby M R; X and Y, Regina (on the Application of) v Gloucestershire County Council Admn 15-Apr-2003
Munby J said: ‘If a baby is to be removed from its mother, one would normally expect arrangements to be made by the local authority to facilitate contact on a regular basis . . Those arrangements must be driven by the needs of the family, not . .
Cited – Regina (J) v Caerphilly County Borough Council QBD 12-Apr-2005
The claimant sought a declaration that the council had failed in its duty to provide him with an independent personal adviser. The council had appointed the same person to act as his personal adviser and also to prepare the statutory assessment and . .
Cited – Regina v Felixstowe Justices ex parte Leigh CA 1987
felixstowejj_leighCA1987
The court considered the importance of the role played by the media in attending and reporting court proceedings. Watkins LJ said: ‘The role of the journalist and his importance for the public interest in the administration of justice has been . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Norfolk County Council v Webster and others FD 17-Nov-2006
There had been care proceedings following allegations of physical child abuse. There had been a residential assessment. The professionals accepted the parents’ commitment to their son, but also found that they were unreliable. It was recommended . .

Cited by:
Cited – Williams and Another v London Borough of Hackney SC 18-Jul-2018
On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.264130

Rad Service and Others (Public Procurement of Service, Supply and Works Contracts – Tendering Procedure – Judgment): ECJ 3 Jun 2021

Reference for a preliminary ruling – Public procurement of service, supply and works contracts – Directive 2014/24/EU – Conduct of the tendering procedure – Choice of participants and award of contracts – Article 63 – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Article 57(4)(6) and (7) – Untruthful declarations submitted by that entity – Exclusion of that tenderer without requiring or permitting it to replace that entity – Principle of proportionality
C-210/20, [2021] EUECJ C-210/20, ECLI:EU:C:2021:445
Bailii
European

Updated: 07 August 2021; Ref: scu.664330

Anderson, Regina (on The Application of) v Liverpool City Council: Admn 3 Aug 2021

Claim for Judicial Review against the refusal by Liverpool City Council to provide the claimant, Mr Anderson, with an indemnity in respect of legal costs incurred in relation to the defence of criminal allegations. The claimant claims that the Council misdirected itself as to its own legal powers and policy, wrongly concluding that it would be unlawful to provide the indemnity. The defendant Council maintains that it correctly interpreted its policy and correctly concluded that it did not lawfully permit the granting of an indemnity on the facts.
Mrs Justice Yip
[2021] EWHC 2205 (Admin)
Bailii
England and Wales

Updated: 07 August 2021; Ref: scu.666465

AR (A Child), Regina (on The Application of) v London Borough of Waltham Forest: CA 30 Jul 2021

Appeal against the dismissal of a claim for judicial review, which was brought on the ground that the Respondent does not have a reasonable system in place for the provision of secure accommodation to meet requests for such accommodation made by the police pursuant to section 38(6) of the Police and Criminal Evidence Act 1984
Lord Justice Singh
[2021] EWCA Civ 1185
Bailii
England and Wales

Updated: 05 August 2021; Ref: scu.666317

Porter v United Kingdom: ECHR 2003

A large surcharge imposed on the applicant was compensatory, not punitive. The criminal limb of article 6 was not engaged.
(2003) 37 EHRR CD 8
European Convention on Human Rights 6
Human Rights
Citing:
Appeal From – 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 by:
Cited – R, Regina (on the Application of) v Durham Constabulary and Another HL 17-Mar-2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable . .

Lists of cited by and citing cases may be incomplete.
Updated: 01 August 2021; Ref: scu.224206

Re T (A Child): SC 30 Jul 2021

This appeal concerns a particular aspect of the use of the inherent jurisdiction of the High Court to authorise a local authority to deprive a child of his or her liberty.
Lady Black, Lord Lloyd-Jones, Lady Arden, Lord Hamblen, Lord Stephens
[2021] UKSC 35
Bailii
England and Wales
Citing:
Appeal from – Re T (A Child) CA 4-Oct-2018
. .

Lists of cited by and citing cases may be incomplete.
Updated: 31 July 2021; Ref: scu.666312

Regina v Barnsley Metropolitan Borough Council, ex parte Hook: CA 1976

The applicant applied to have quashed the decision of the local council to exclude him from trading in the market and to revoke his right to have a stall.
Held: He succeeded on the grounds that the decision had been taken in breach of the rules of natural justice. the right of a stallholder to have access to the market was conferred by common law, and could only be taken away for just cause and then only in accordance with the principles of natural justice. ‘I do not mind whether the market-holder is exercising a judicial or administrative function’. Lord Scarman emphasised the common law right in the public to go to market to buy and sell, subject to the statutory regulation of the exercise of that right by the local authority: ‘Although, therefore, there is a contractual element in this case, there is also an element of public law: the enjoyment of rights conferred on the subject by the common law. I think, therefore, on analysis, it is clear that the corporation in its conduct of this market is a body having legal authority to determine questions affecting the rights of subjects’.
Lord Denning MR said: ‘[T]here are old cases which show that the court can interfere by certiorari if a punishment is altogether excessive and out of proportion to the occasion . . It is quite wrong that the Barnsley Corporation should inflict upon [Mr Hook] the grave penalty of depriving him of his livelihood. That is a far more serious penalty than anything the magistrates could inflict. He is a man of good character, and ought not to be penalised thus . . ‘
Lord Denning MR, Scarman LJ
[1976] 1 WLR 1052
England and Wales
Cited by:
Cited – Regina v Wear Valley District Council, ex p Binks 1985
The applicant operated a hot food takeaway caravan from a market place. She had no written licence, operating under an informal arrangement with the local authority. Her rights were terminated without notice.
Held: The decision was quashed. It . .
Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
Followed – Regina v Birmingham City Council, ex parte Dredger QBD 22-Jan-1993
The local authority, operators of the market, increased the rents payable by the tenants. The tenants sought a review of the decision.
Held: The act was that of a public authority and was subject to judicial review. The market stall-holders . .
Cited – Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – JP Whitter (Water Well Engineers) Ltd v Revenue and Customs SC 13-Jun-2018
The taxpayers registration under the Construction Industry Scheme had been withdrawn. The Court was now asked whether HMRC are obliged, or at least entitled, to take into account the impact on the taxpayer’s business of the cancellation of its . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 July 2021; Ref: scu.185799

Middlesborough Borough Council v Safeer; Same v Afzal; Same v Asghar; Same v Baxter; Same v Khaliq; Same v Ali: QBD 26 Jun 2001

The 1988 Act gave the local authority the power to undertake a prosecution for the offence of driving without insurance as regards those for whom it had regulatory and licensing responsibilities as hackney carriage drivers. The power to act for the promotion of the welfare of its citizens included prosecutorial powers. The list of offences for which the Road Traffic Act gave power to prosecute was neither exhaustive, and nor could it limit other powers given to the local authority.
Rose LJ, Silber J
Times 16-Aug-2001, Gazette 26-Jul-2001
Local Government Act 1972 222, Road Traffic Act 1988 4 143
England and Wales

Updated: 21 July 2021; Ref: scu.159486

Regina on the Application of Deutsch v London Borough of Hackney: Admn 14 Nov 2003

The claimants sought judicial review of a ‘designation order’ made by the defendant under section 45 of the Road Traffic Regulation Act 1984, designating controlled parking zones in the Brownswood and Lordship wards of the defendant Borough and yellow line waiting restrictions. The claimants allege misleading and inadequate consultation and a failure conscientiously to take into account the product of the consultation.
The Honourable Mr Justice Hooper
[2003] EWHC 2692 (Admin)
Bailii
Road Traffic Regulation Act 1984 45
England and Wales

Updated: 19 July 2021; Ref: scu.187785

Re C (Care Order: Appropriate Local Authority): 1997

A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court considered a local authority placement with a mother whose classification for the purposes of section 23 is established by subsections (3) and (4) as follows: ‘(3) Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4). (4) A person falls within this subsection if he is: (a) a parent of the child; (b) a person who is not a parent of the child but who has parental responsibility for him; or (c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.’
Wall J
[1997] 1 FLR 544
Children Act 1989 23(6) 105(6)(c)
England and Wales
Cited by:
Applied – H (Child), Re (Care Order: Appropriate Local Authority) CA 18-Nov-2003
The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents.
Held: The judge had been correct to find that family circumstances . .

These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.187987

Veolia Es Nottinghamshire Ltd v Nottinghamshire County Council: Admn 1 Oct 2009

A party applied to the council for disclosure of various contractual documents. The Council decided that it was obliged to disclose them. The owner objected saying that they were confidential.
Held: The request for review failed. The phrases ‘accounts to be audited’ and ‘relating to’ should be given a wider and purposive meaning. That would include the document submitted by the claimant in support of its request for the contract even if such information might be seen to be commercially sensitive. Members of the public had a proper interest in the basis on which contracts were entered into. The provisions were strikingly wider in their application than those of the 2000 Act, and had not been restricted in later amendments.
Cranston J
[2009] EWHC 2382 (Admin), Times 15-Oct-2009, [2010] PTSR 797, [2010] Env LR 12
Bailii
Audit Commission Act 1998, Freedom of Information Act 2000, Environmental Information Regulations 2004
England and Wales

Updated: 14 July 2021; Ref: scu.375535

AB and Another, Regina (on The Application of) v The London Borough of Haringey: Admn 13 Mar 2013

The claimant parents, themselves child protection workers, sought judicial review of a decision by the respondent to institute a section 47 enquiry as to whether their child was at risk of significant harm, after an anonymous allegation.
Held: There had been several serious errors in the procedures adopted by the respondents. There never was a section 47 enquiry decision and LBH’s insistence that one was taken is both erroneous and unlawful, and ‘, had it been taken, would have been wholly unreasonable and unsustainable since it would have failed to take account most of the crucial matters required of a section 47 decision and there was no reason for taking the decision in the way it is now suggested it was taken.’
Anthony Thornton J
[2013] EWHC 416 (Admin)
Bailii
Children Act 1989 47
England and Wales

Updated: 09 July 2021; Ref: scu.471738