Category: Local Government

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

Local councillors who sat as governors of one school should not have voted on a motion regarding the closure of a neighbouring school. They had a clear, if indirect, financial interest in the issue and should have declared the interest and declined to vote. Membership of a school governors council was not listed in the Code of Practice, but the Code was not a complete list of interests which might be declarable.

Citations:

Times 22-Nov-2000

Statutes:

National Code of Local Government Conduct (DoE Circular 8/90)

Jurisdiction:

England and Wales

Local Government, Education

Updated: 05 June 2022; Ref: scu.88523

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

Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under section 193. The authority told Mrs M that they accepted a duty to arrange accommodation for her but that, although she had a local connection with Ealing where she had lived, she had no connection with Hammersmith, so the applications of both husband and wife were referred to Ealing on the basis that they appeared to have a local connection with Ealing but not with Hammersmith. The decision to refer was upheld on review and in the county court on the basis that the husband’s residence in Hammersmith was not normal residence under 199(1)(a). Hammersmith argued that the occupation of interim accommodation pending a decision on the husband’s application under section 193 could not amount to normal residence. This argument was rejected by the Court of Appeal.
Held: The appeal failed. When testing the decision of a local authority to refer an applicant for housing to another local authority, on the basis that the applicant had no local connection, the authority must make allowance for an interim residence in the area. The prima facie meaning of ‘normal residence,’ was a place where, at the relevant time, the person in fact resided. So long as that place where he eat and slept was voluntarily accepted by him, the reason why he was there rather than somewhere else did not prevent that place from being his normal residence. The date at which the connection was to be tested was the date at which the review was carried out, and the review could include matters arising after the initial decision.
The occupation by a homeless person of interim accommodation provided under section 188 of the 1996 Act could be ‘normal residence’ for the purpose of establishing a local connection under section 199.
Lord Slynn of Hadley stated that words like ‘ordinary residence’ and ‘normal residence’ take their precise meaning from the context of the legislation in which they appear. He suggested that the place that a person voluntarily accepts and in which he eats and sleeps is for the relevant time where he normally resides. The fact that the local authority had given him interim accommodation in performance of its statutory duty under section 188 of the 1996 Act did not prevent that accommodation from being the place where he was for the time normally resident.

Judges:

Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Lord Hutton and Lord Hobhouse of Woodborough

Citations:

Times 02-Nov-2001, Gazette 22-Nov-2001, [2001] UKHL 57, [2002 1 AC 547, [2002] 1 All ER 176, [2002] HLR 7, [2001] 3 WLR 1339, [2002] 1 FCR 183, [2001] NPC 154

Links:

House of Lords, Bailii

Statutes:

Housing Act 1996 198 199(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
Appeal from – Ealing London Borough Council v Surdonja etc CA 21-Jan-2000
When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the . .
Cited – Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts HL 27-Jul-1983
Mr Betts applied to Eastleigh for accommodation under the 1977 Act. They said that he had no local connection and referred his application to Blaby where the applicant and his family had formerly been living. Blaby accepted the referral and offered . .
Cited – Regina v London Borough of Southwark ex parte Olivia Hughes Admn 6-Oct-1997
. .

Cited by:

Cited – Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals) HL 5-Feb-2004
The applicants had been asylum seekers, and obliged to live in Glasgow. Upon losing their asylum claim, but being given exceptional leave to remain, they sought to be rehoused by the appellants. The appellants had said that the applicants having . .
Cited – Calgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
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 – ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
Cited – Birmingham City Council v Ali and Others; Moran v Manchester City Council HL 1-Jul-2009
Homelessness Status Requires LA Action
The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for . .
Cited – Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council SC 8-Jul-2015
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 04 June 2022; Ref: scu.166720

Regina (Wahid) v The London Borough of Tower Hamlets: Admn 23 Aug 2001

The applicant sought assistance under the National Assistance Act, in the form of housing. He suffered mental illness and was vulnerable. It was argued that the Act imposed a duty on the authority which was regardless of its budgetary limitations. The Act sought to satisfy a need for care with housing provision. It is a safety net provision for urgent cases. In this case no sufficient need for care had been shown to require the Authority to act under the section.

Judges:

The Honourable Mr Justice Stanley Burton

Citations:

[2001] EWHC Admin 641, (2001) 4 CCLR 455, [2002] LGR 545

Links:

Bailii

Statutes:

National Assistance Act 1948 21, Housing Act 1996

Jurisdiction:

England and Wales

Cited by:

Cited – Kharazmi v London Borough of Lambeth Admn 11-Feb-2002
The claimant was in local authority housing. She was disabled and sought leave to apply for judicial review of the authority’s failure to include her in a priority category for rehousing.
Held: In view of the impending Court of Appeal decision . .
Appeal from – Wahid v London Borough of Tower Hamlets CA 7-Mar-2002
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better . .
Cited – SL v Westminster City Council SC 9-May-2013
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 04 June 2022; Ref: scu.166140

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 action expedient for the protection of the inhabitants of its area. The fact that the acts complained of were also criminal acts, could not prevent the authority pursuing its case. Even so, it should be recognised that there were arguments against such actions by local authorities, and courts had in the past refused such applications.

Judges:

Lord Justice Mance, Lord Justice Schiemann, Lord Justice Keene

Citations:

Times 29-Aug-2001, Gazette 11-Oct-2001, Gazette 15-Nov-2001, [2001] EWCA Civ 1248, [2002] 1 WLR 607, [2003] HLR 16

Links:

Bailii

Statutes:

Local Government Act 1972 222

Jurisdiction:

England and Wales

Citing:

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 by:

Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city . .
Lists of cited by and citing cases may be incomplete.

Local Government, Litigation Practice

Updated: 04 June 2022; Ref: scu.166272

Sefton Metropolitan Borough Council v United Utilities Water Ltd: CA 31 Jul 2001

Maghull Brook passed under a densely populated part of Merseyside, in an enclosed culvert constructed in about 1958. The question was whether this part had become a sewer before 1 April 1974, because of the culverting work. The parties discussed which was responsible for its maintenance, being successors to the authorities who had orginally constructed it and shared its maintenance. This depended on whather it had been construced under 1936 Act. The trial judge had held that it had always been a watercourse, and had not changed its character as such. Sefton appealed, focussing on the evidence as to the basis on which the culverting work had been undertaken in 1958.
Held: The work had been undertaken under Part XI of the 1936 Act, under general local authority powers, and not under Part II, under powers conferred on a local authority in respect of sewerage. Construction work done in relation to a channel may make a difference, depending on who did it and in what capacity.

Judges:

Robert Walker LJ

Citations:

[2001] EWCA Civ 1284

Links:

Bailii

Statutes:

Public Health Act 1936 Part II

Jurisdiction:

England and Wales

Cited by:

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

Utilities, Local Government

Updated: 04 June 2022; Ref: scu.166274

Ahmed And Others v The United Kingdom: ECHR 2 Sep 1998

The restriction on local government officers and other against some political activities were not an infringement of their human rights and fell within the requirements for free expression and for free elections
‘The Court recalls that in its above-mentioned Vogt judgment (pp. 25-26, – 52) it articulated as follows the basic principles laid down in its judgments concerning Article 10:
(i) Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb; such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’. Freedom of expression, as enshrined in Article 10, is subject to a number of exceptions which, however, must be narrowly interpreted and the necessity for any exceptions must be convincingly established.
(ii) The adjective ‘necessary’, within the meaning of Article 10 – 2 implies the existence of a ‘pressing social need’. The Contracting States have a certain margin of appreciation in assessing whether such a need exists, but it goes hand in hand with a European supervision, embracing both the law and the decisions applying it, even those given by independent courts. The Court is therefore empowered to give the final ruling on whether a ‘restriction’ is reconcilable with freedom of expression as protected by Article 10.
(iii) The Court’s task, in exercising its supervisory jurisdiction, is not to take the place of the competent national authorities but rather to review under Article 10 the decisions they delivered pursuant to their power of appreciation. This does not mean that the supervision is limited to ascertaining whether the respondent State exercised its discretion reasonably, carefully or in good faith; what the Court has to do is to look at the interference complained of in the light of the case as a whole and determine whether it is ‘proportionate to the legitimate aim pursued’ and whether the reasons adduced by the national authorities to justify it are ‘relevant and sufficient’. In so doing, the Court has to satisfy itself that the national authorities applied standards which were in conformity with the principles embodied in Article 10 and, moreover, that they based their decisions on an acceptable assessment of the relevant facts.’

Citations:

Times 02-Oct-1998, 22954/93, [1998] ECHR 78

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 10, Local Government Officers (Political Restrictions) Regulations 1990

Citing:

Approved – Vogt v Germany ECHR 1-Nov-1995
The German courts construed a teacher’s duty of loyalty as absolute and owed equally by every civil servant, regardless of his or her function and rank under national law. Every civil servant, whatever his or her own opinion on the matter, must . .

Cited by:

Cited – Lord Carlile and Others v Secretary of State for The Home Department Admn 16-Mar-2012
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights

Updated: 04 June 2022; Ref: scu.165668

Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia: ECJ 18 Nov 1999

AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 Viano decided to switch its custom to AGAC, but without inviting competing tenders from other interested persons. Teckal challenged this decision on the ground that Viano had failed to comply with Directives 92/50/EEC (as to services) and 93/36/EEC (as to goods). Viano’s said that it had decided to undertake these matters itself through a body which had been set up for the purpose.
Held: ‘In order to determine whether the fact that a local authority entrusts the supply of products to a consortium in which it has a holding must give rise to a tendering procedure as provided for under Directive 93/36, it is necessary to consider whether the assignment of that task constitutes a public supply contract.’
As to whether there was a contract for this purpose, it said that the national court must determine whether there had been an agreement ‘between two separate persons’.
The ourt gave guidance as to how the issue as to whether it was a public service contract was to be determined: ‘In that regard, in accordance with article 1(a) of Directive 93/36, it is, in principle, sufficient if the contract was concluded between, on the one hand, a local authority and, on the other, a person legally distinct from that local authority. The position can be otherwise only in the case where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities.’
The Directive applied only to contracts between a public authority and an entity which was ‘formally distinct from it and independent of it in regard to decision-making’.
There is an exception to the requirement that decisions by public authorities to engage contractors are subject to the requirements of the Directives: ‘In that regard, in accordance with Article 1(a) of Directive 93/36, it is, in principle, sufficient if the contract was concluded between, on the one hand, a local authority and, on the other hand, a person legally distinct from that local authority. The position can be otherwise only in the case where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities’

Citations:

[1999] ECR I-8121, [1999] EUECJ C-107/98

Links:

Bailii

Statutes:

Directive 92/50/EEC, Directive 93/36/EEC

Jurisdiction:

European

Cited by:

Cited – Tachie and Others v Welwyn Hatfield Borough Council QBD 13-Dec-2013
The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful.
Held: The company was a subsidiary of the Council, and the Teckal exception . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 June 2022; Ref: scu.162361

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

ECJ (Judgment) Failure of a Member State to fulfil its obligations – Directive 93/38/EEC – Public works contracts in the water, energy, transport and telecommunications sectors – Electrification and street lighting works in the departement of the Vendee – Definition of work.

Citations:

[2000] EUECJ C-16/98

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Azam and Co v Legal Services Commission ChD 5-May-2010
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 June 2022; Ref: scu.162314

Jones, Regina (on the Application of) v Ceredigion County Council: Admn 22 Jun 2004

The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the parents would have a defence to an accusation of not sending their child to the Welsh language school, there was a duty on the local authority to provide free transport. The alternative was not suitable. The court had ‘no reason to doubt the sense of requiring that transport be made available if otherwise a sanction against truancy would be unenforceable.’

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 1376 (Admin), Times 25-Jun-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dunnachie v Kingston-upon-Hull City Council HL 15-Jul-2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused.
Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, . .
Cited – Surrey County Council v Ministry of Education 1953
The council had a scheme whereby for those who lived more than the walking distance from a school, only transport from their homes to the walking distance would be free. The scheme failed because transport has to be to and from school. A local . .
Cited – Regina v Vale of Glamorgan County Council ex parte J CA 27-Apr-2001
The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially . .
Cited – Regina v Devon County Council, ex parte George HL 1989
A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that . .
Cited – Re Hetherington 1990
The court looked to whether a decision of a superior court was binding when the point had not been argued: ‘In my judgment the authorities clearly establish that even where a decision of a point of law in a particular sense was essential to an . .
Cited – In Re S CA 1995
Parents wanted their children to attend English middle schools in Wales. The Court dealt with the argument that the objective suitability of the nearer school had to be considered by the court on judicial review. Alternatively, it was argued that it . .
Cited – Regina v Rochdale Metropolitan Borough Council, ex parte Schemet QBD 1993
The court considered the withdrawal of a policy whereby the local authority paid travelling expenses for the attendance of pupils at denominational schools outside the area.
Held: Relief was granted. The authority should have consulted those . .
Cited – Regina v Dyfed County Council Ex Parte S (Minors) QBD 21-Dec-1993
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school. . .
Cited – Re C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
Cited – Re C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
Cited – Regina v Bedfordshire County Council ex parte DE 1-Jul-1996
. .
Cited – Regina v Dyfed County Council Ex Parte S (Minors) CA 25-Jul-1994
No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers. . .

Cited by:

See Also – Ceredigion County Council v Jones and others HL 23-May-2007
The parties had disputed the provision of free travel to school, and permission had been granted for a leapfrog appeal direct to the House of Lords. The Council then sought instead to take the matter to the Court of Appeal. The claimants said that . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 04 June 2022; Ref: scu.198304

Doherty v Birmingham City Council and Another: CA 21 Dec 2006

The council sought possession of the land occupied by the appellant, a traveller, so that it could use the land for temporary accomodation for other travellers.

Judges:

Tuckey, Carnwath, Neuberger LJJ

Citations:

[2006] EWCA Civ 1739, [2007] BLGR 165

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government, Human Rights

Updated: 02 June 2022; Ref: scu.247497

Patel v Jones: CA 24 May 2001

The defendant had been employed as a local government officer, and had accrued pension rights under the statutory scheme. He was made bankrupt, and later made redundant under circumstances triggering payment of the pension. The trustee claimed all or part of the pension.
Held: He was entitled to the basic pension, pension lump sum, and enhanced benefits so far as they were attributable to earnings before the presentation of the petition. The enhanced benefits were property even though discretionary. The trustee was entitled to the benefit of the pension and lump sum. The benefits under such schemes were akin to deferred pay for services, but the pension schemes were not themselves unexecuted contracts for personal services.

Judges:

Lord Justice Aldous, Lord Justice Mummery, Lord Justice Kay

Citations:

Times 29-May-2001, [2001] EWCA Civ 779

Links:

Bailii

Statutes:

Insolvency Act 1986 436, Local Government Superannuation Regulations 1986 (1986 No 24)

Jurisdiction:

England and Wales

Insolvency, Financial Services, Local Government

Updated: 01 June 2022; Ref: scu.160013

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

Parents sought to oblige the education authority to place their child at a school which could satisfy the special needs identified in the statement, and as expressed to be preferred by them. The authority resisted on the ground that it was not an efficient use of resources.
Held: The statute set up separate schemes for special education and the rest, recognising the possible additional costs, and carrying quite different funding arrangements. The remaining provisions allowing for the expression of a preference, did not carry the additional obligations on the local authority. It was proper for the authority to make allowance for the resources available when allocating a school place for the child.

Judges:

Lord Browne-Wilkinson Lord Slynn of Hadley Lord Clyde Lord Saville of Newdigate Lord Millett

Citations:

Times 28-Jan-2000, [2000] UKHL 2, [2000] 1 All ER 876, [2000] 1 WLR 223

Links:

House of Lords, Bailii

Statutes:

Education Act 1996 9 Part IV, Education (Special Educational Needs) Regulations 1994 (S.I. 1994 No. 1047)

Jurisdiction:

England and Wales

Education, Local Government

Updated: 31 May 2022; Ref: scu.159036

Regina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden: HL 12 Mar 1998

A change in accounting practice moving interest due to the year accrued did not affect average rate of interest to calculate housing revenue: ‘The words ‘payable on’ plainly do not refer to ‘the average rate.’ One cannot pay an average rate: one can only pay real interest, at whatever the appropriate rate may be. Equally, one cannot pay real interest upon a weighted average of borrowings. One can only pay interest upon real borrowings.’

Judges:

Lord Browne-Wilkinson, Lord Nolan, Lord Hoffmann, Lord Clyde, Lord Hutton

Citations:

Times 13-Mar-1998, [1998] 1 WLR 615, (1998) 28 HLR 321, [1998] UKHL 10, [1998] 1 All ER 937

Links:

House of Lords, Bailii

Statutes:

Local Government and Housing Act 1989 Sch 4 Part II Item 8

Jurisdiction:

England and Wales

Cited by:

Cited – London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions Admn 20-Apr-2005
The authority had received too much by way of housing benefit subsidy in 1991 and 1992, having failed to refer rents to rent officers. It now challenged the decision of the respondent to recover the overpayment by deductions from future payments. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 31 May 2022; Ref: scu.158941

T (a Minor), In Re 1997: HL 20 May 1998

The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents sought judicial review of the authority’s decision, saying they had taken an improper purpose into account, namely the need to save money.
Held: The duty to assist was not qualified under the Act, and the case of Barry was dissimilar. The decision to reduce support was set aside.

Judges:

Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Nolan, Lord Steyn, Lord Hutton

Citations:

[1998] UKHL 20

Links:

House of Lords, Bailii

Statutes:

Education Act 1996 19 298

Jurisdiction:

England and Wales

Citing:

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 . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 31 May 2022; Ref: scu.158952

Rahma Khana (By Her Litigation Friend, the Official Solicitor) v Mayor and Burgesses of London Borough of Southwark: CA 28 Jun 2001

The applicant was an elderly Iraqi lady with poor sight and mental illness. The local authority decided that she needed care in a residential home. She applied for a two bed-roomed ground floor flat, which would allow her to live with her extended family and among others who spoke her language. The court held that given that the conclusion and recommendation were not challenged as such, the court could not intervene. The authority had satisfied its statutory obligations, which did not require it to satisfy preferences.

Judges:

Henry, Mance LJJ, McKinnon J

Citations:

Gazette 31-Aug-2001, Times 25-Sep-2001, [2001] EWCA Civ 999

Links:

Bailii

Statutes:

National Assistance Act 1948, National Health Service and Community Care Act 1990

Jurisdiction:

England and Wales

Local Government, Health

Updated: 31 May 2022; Ref: scu.147599

Eastbourne Borough Council v James Foster: CA 11 Jul 2001

An employee’s job ceased, but he continued to be employed by the same employer on different tasks, but the new arrangement was void as ultra vires. The question arose as to whether his employment had been terminated at the time of the change in such a way as to affect his pension rights under the regulations. The facts were compatible only with a continuation of the relationship of employer and employee. The original contract had been repudiated, and the repudiation accepted. The employee remained entitled to notice, and he was, for the purposes of the Regulations, continued to be employed until that notice expired.

Judges:

Aldous LJ, May LJ, Rix LJ

Citations:

Times 17-Aug-2001, Gazette 31-Aug-2001, [2001] EWCA Civ 1091, [2002] ICR 234, [2001] BLGR 529, (2001) 3 LGLR 53, [2001] Emp LR 1079

Links:

Bailii

Statutes:

Local Government (Discretionary Payments) Regulations 1996 (1996 No 1680)

Jurisdiction:

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 . .

Cited by:

Cited – London Borough of Tower Hamlets v Wooster EAT 10-Sep-2009
EAT AGE DISCRIMINATION
UNFAIR DISMISSAL – Polkey deduction
Council employee seconded to registered social landlord – Secondment comes to an end, so that he is formally redundant – Employee aged 49 and . .
See Also – Eastbourne Borough Council v Foster EAT 8-Jul-2003
EAT Redundancy – Protective award . .
See Also – Foster v Eastbourne Borough Council and Another CA 3-Feb-2004
. .
Lists of cited by and citing cases may be incomplete.

Employment, Local Government

Updated: 31 May 2022; Ref: scu.147613

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

The council set up a scheme requiring door security workers to be licensed, as a condition of the grant of entertainment licences. The applicant so worked but was not aware of the scheme. He challenged the introduction of the scheme. It was asserted that there existed no power to attach such conditions to licenses. The ability to charge a fee required statutory authority. There was none, but the remaining parts of the scheme were lawful in pursuing the intention of the Act.

Judges:

The Master Of The Rolls (Lord Phillips) Lord Justice Kennedy And Lord Justice Dyson

Citations:

[2001] EWCA Civ 384

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1982, Local Government Act 1972 111

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Liverpool City Council ex parte Barry Admn 7-Apr-2000
The claimant challenged a scheme for licensing door staff on licensed premises within the city.
Held: Given the length of time for which the scheme had been in place, it was now inappriate to grant relief even if the scheme igt have been . .
Lists of cited by and citing cases may be incomplete.

Local Government, Licensing

Updated: 31 May 2022; Ref: scu.147477

Westminster City Council v National Asylum Support Service: CA 10 Apr 2001

Citations:

[2001] EWCA Civ 512, (2001) 33 HLR 83, (2001) 4 CCL Rep 143

Links:

Bailii

Statutes:

National Assistance Act 1948 21

Jurisdiction:

England and Wales

Citing:

Appeal from – Westminster City Council v National Asylum Support Service Admn 27-Feb-2001
. .

Cited by:

Appeal from – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Lists of cited by and citing cases may be incomplete.

Immigration, Benefits, Local Government, Human Rights

Updated: 31 May 2022; Ref: scu.147509

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

The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.
Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’

Judges:

Lord Justice Peter Gibson, Sir Christopher Staughton

Citations:

[2000] EWCA Civ 357, (2001) EGCS 4, (2001) LGR 228, [2001] 33 HLR 56

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Lippiatt and Febry v South Gloucestershire County Council CA 31-Mar-1999
The defendant had failed to remove travellers who had encamped on its land and caused nuisances against neighbouring farmers.
Held: The court refused to strike out a claim in nuisance by neighbouring land owners. It was arguable that a land . .
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Cited – Rich v Basterfield 5-Feb-1846
A landlord can be liable in nuisance for the acts of his tenant where the very nature of the letting would lead to that nuisance: ‘If a landlord lets premises, not in themselves a nuisance, but which may or may not be used by the tenant so as to . .
Cited – Ayers v Hanson, Stanley and Prince 1912
. .
Cited – Sedleigh-Denfield v O’Callaghan HL 24-Jun-1940
Occupier Responsible for Nuisance in adopting it
A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the . .
Cited – Smith v Scott ChD 1973
It is not open to the court to reshape the law relating to the rights and liabilities of landowners by applying the principle of Donoghue v Stevenson [1932] AC 562 and thus saying that a landowner owed a duty of care to his neighbour when selecting . .
Cited – Elizabeth v Rochester City Council CA 26-Apr-1993
. .
Cited – Hussain and Another v Lancaster City Council CA 14-May-1998
It was suggested that a landlord, or at least a local authority landlord, who knows or ought to know of a nuisance being committed in the neighbourhood of the demised premises, but who fails to take such steps as are reasonable in all the . .
Cited – Dennett v Atherton 1872
The covenant for quiet enjoyment cannot be elevated into a warranty that the land is fit to be used for some special purpose. . .
Cited – Sanderson v Berwick-upon-Tweed Corporation 1884
The Corporation let a farm to Sanderson. It reserved in favour of Cairns, another tenant farmer, the rights to use a drain across one of Sanderson’s fields and to enter and repair it. Water discharged by Cairns leaked through the drain and flooded . .
Cited – Kenny v Preen 15-Oct-1962
A landlord’s threats to evict the tenant, accompanied by repeated shouting and knocking on her door, was held to be a breach of his covenant for quiet enjoyment. The court explained that ‘the word ‘enjoy’ used in this connection is a translation of . .
Cited – McNerny v London Borough of Lambeth CA 1988
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions.
Held: The legislature had ‘conspicuously . .
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Nuisance

Updated: 31 May 2022; Ref: scu.147390

Preston Borough Council v McGrath: CA 12 May 2000

The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him.
Held: The document had not been given to the police under compulsion, reducing their obligations. It was possible that they might have shown it to the authority without having handed it over, In any event any privielge or complaint was now lost since the defendant had himself attached it to his pleadings.

Judges:

Lord Justice Morritt, Lord Justice Waller and Lord Justice Tuckey

Citations:

[2000] EWCA Civ 151

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Citing:

Appeal from – Preston Borough Council v McGrath ChD 18-Feb-1999
The defendant had been interviewed by the police investigating allegations of corruption. The Council in its civil claim, exhibited documents received from the police, and obtained in that investigation. The receipt of documents by a defendant under . .
Cited – Marcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
Cited – Miller and Another v Scorey and Others ChD 2-Apr-1996
Using disclosed documents in second action with similar parties may be a contempt, depending significantly upon whether any undertaking, express or implied was given. The court struck out an action where proceedings were commenced in reliance on . .
Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Lists of cited by and citing cases may be incomplete.

Local Government, Criminal Practice

Updated: 31 May 2022; Ref: scu.147184

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

The court considered and restated the criteria for liability set out in X (Minors).

Judges:

Lord Justice Robert Walker, Lord Justice May and Lord Justice Tuckey

Citations:

[2000] EWCA Civ 72, [2001] Fam 313

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .

Cited by:

Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Lists of cited by and citing cases may be incomplete.

Local Government, Negligence

Updated: 31 May 2022; Ref: scu.147105

London Borough of Barking and Dagenham v David Jones: CA 30 Jul 1999

The authority appealed refusal of an injunction restraining the defendant from further breaches of the consumer protection statutes.

Judges:

Brooke LJ, May LJ, Laws LJ

Citations:

[1999] EWCA Civ 2049

Links:

Bailii

Statutes:

Trade Descriptions Act 1968 1, Unsolicited Goods and Services Act 1971 2, Business Names Act 1985 4

Jurisdiction:

England and Wales

Consumer, Crime, Local Government

Updated: 31 May 2022; Ref: scu.146964

Agodzo v Bristol City Council: CA 27 May 1999

The Council had required the appellant to execute repairs to private sewers serving his properties. When he failed to do them, they did the work, and he now appealed against the costs incurred and charged to him.

Judges:

Henry LJ, Holman j

Citations:

[1999] EWCA Civ 1517, [1999] 1 WLR 1971

Links:

Bailii

Statutes:

Building Act 1984 99(1)

Jurisdiction:

England and Wales

Local Government, Land

Updated: 30 May 2022; Ref: scu.146432

Gregory v Portsmouth City Council: HL 10 Feb 2000

Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a personal financial advantage. He had been found to have breached the relevant code of practice and removed from several committees. The case was widely reported. The findings were later overturned. He brought an action in malicious prosecution.
Held: The authority’s acts could not be used to found a claim for malicious prosecution. The House declined to expand the tort of malicious prosecution to cover civil proceedings generally. Even if the motivation behind the action was malicious, they could not give rise to an essential backdrop to such a case, namely a criminal sanction. There was a great diversity of statutory and non-statutory disciplinary proceedings with different purposes. To leave it to the courts to decide on a case-by-case basis which disciplinary proceedings might ground the tort would be liable to plunge the law into uncertainty.
Lord Steyn said: ‘The inquiry must proceed from the premise of the law as it stands. The tort of malicious prosecution is narrowly defined. Telling lies about a defendant is not by itself tortious: Hargreaves v Bretherton [1959] 1 QB 45. A moment’s reflection will show what welter of undesirable relitigation would be permitted by any different rule . . Damage is a necessary ingredient of the tort. This element of the tort was explained in a dictum of Holt CJ in Savill v Roberts (1698) 12 Mod. Rep. 208.
and ‘My Lords, it is not necessary for the disposal of the present appeal to express a view on the argument in favour of the extension of the tort to civil proceedings generally. It would, however, be unsatisfactory to leave this important issue in the air. I will, therefore, briefly state my conclusions on this aspect. There is a stronger case for an extension of the tort to civil legal proceedings than to disciplinary proceedings Both criminal and civil legal proceedings are covered by the same immunity. And as I have explained with reference to the potential damage of publicity about a civil action alleging fraud, the traditional explanation namely that in the case of civil proceedings the poison and the antidote are presented simultaneously, is no longer plausible. Nevertheless, for essentially practical reasons I am not persuaded that the general extension of the tort to civil proceedings has been shown to be necessary if one takes into account the protection afforded by other related torts. I am tolerably confident that any manifest injustices arising from groundless and damaging civil proceedings are either already adequately protected under other torts or are capable of being addressed by any necessary and desirable extensions of other torts. Instead of embarking on a radical extension of the tort of malicious prosecution I would rely on the capacity of our tort law for pragmatic growth in response to true necessities demonstrated by experience.’

Judges:

Lord Browne-Wilkinson Lord Nicholls of Birkenhead Lord Steyn Lord Hobhouse of Wood-borough Lord Millett

Citations:

Times 02-Feb-2000, Gazette 10-Feb-2000, [2000] UKHL 3, [2000] 1 AC 419, [2000] 1 All ER 560, [2000] 1 WLR 306, [2000] BLGR 203, [2000] Po LR 3, (2000) 2 LGLR 667

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Portsmouth City Council, Ex parte Gregory and Mos QBD 1990
The local authority had disciplined two of its councillors for alleged breach of the Code for Local Government. The councillors now successfully challenged the proceedings. The administrative Sub-Committee which had made the finding had been acting . .
Appeal from – Gregory v Portsmouth City Council CA 5-Nov-1997
The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution.
Held: The categories of malicious prosecution are closed, and it was . .
Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .
Cited – Savill v Roberts 1698
Damage is a necessary ingredient of the tort of malicious prosecution. Holt CJ described the interests protected by the tort: ‘there are three sorts of damages, any one of which is sufficient to support this action. First, damage to [the . .
Cited – Regina v Bingham CACD 1991
B was convicted of shoplifting. He was diabetic and argued that at the time he was suffering hypoglycaemia and should have been allowed the defence of automatism.
Held: The appeal succeeded. The judge should have properly explored the . .
Cited – Berry v British Transport Commission CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence . .
Cited – Johnson v Emerson 1871
Cleasby B recognised that the tort of malicious prosecution could be committed in the malicious presentation of a winding up petition. The effect of presentation of such a petition was immediately damaging to the company which was the subject of the . .
Cited – Hargreaves v Bretherton 1959
The Plaintiff pleaded that the First Defendant police officer had falsely and maliciously and without justification or excuse committed perjury at the Plaintiff’s trial on charges of criminal offences and that as a result the Plaintiff had been . .
Cited – Clissold v Cratchley CA 1910
A solicitor had sued out a Writ of fi.fa on an order in favour of his client, unaware that the debt had been paid at the country office of the solicitor, prior to the writ being issued.
Held: An action in tort will be available for setting in . .
Cited – Quartz Hill Consolidated Gold Mining Co v Eyre CA 26-Jun-1883
The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition.
Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without . .
Cited – Lion Laboratories Ltd v Evans CA 1985
Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that . .

Cited by:

Cited – British Airways Plc v Ryanair Limited ChD 25-Oct-2000
The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood.
Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of . .
Cited – Ikea Ltd and Others v Brown and Others ComC 7-May-2009
Action short of standard for malicious prosecution
The claimants alleged a fraud by the eight defendants. The sixth defendant counterclaimed for damages alleging malicious prosecution. The claimant sought the strike out of the counterclaim.
Held: The allegations failed insofar as they related . .
Cited – Land Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
Cited – Stobart Group Ltd and Others v Elliott QBD 11-Apr-2013
The defendant applied to the court for various officers of the cliamant companies to be subject to contempt proceedings. The claimants asked the court to strike of the defendant’s counterclaim and to make a civil restraint order against him. There . .
Cited – Crawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another PC 13-Jun-2013
(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and . .
Applied – Willers v Gubay ChD 15-May-2015
The court was asked whether the tort of malicious prosecution of civil proceedings is known to English law.
Held: The Crawfod Adjusters case should not be followed: ‘If I am not bound by Gregory, then I see no reason for departing from the . .
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 2) SC 20-Jul-2016
The Court was asked whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or the Supreme Court or Court of Appeal) on an earlier occasion. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Torts – Other

Updated: 30 May 2022; Ref: scu.81024

Wyatt and Another, Regina (on The Application of) v Thames Valley Police: Admn 28 Sep 2018

The Claimants challenged the decision of the Defendant, following a criminal complaint made by the Claimants to the Defendant, regarding the conduct of a public authority, that there was insufficient evidence to meet the Crown Prosecution Service’s threshold so as to justify any action against anyone, resulting in the closing of the investigation into the criminal allegations made by the Claimants, as recorded in a decision letter.

Judges:

Bryan J

Citations:

[2018] EWHC 2489 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Local Government

Updated: 30 May 2022; Ref: scu.625901

Regina v Lundie: QBD 1862

A byelaw provided: ‘if any person shall stock or depasture, inter alia, a vicious horse on any part of the common pastures, then, and in every such case, the person or persons so offending, and the owner or owners of the said stock and cattle, shall respectively forfeit and pay for every such offence the sum of andpound;5.’ The defendant said it was void.
Held: The byelaw was valid as against a person responsible for depasturing a vicious horse on the common notwithstanding that it might be unreasonable and therefore ultra vires as against an innocent owner. Cockburn CJ said: ‘It has been contended that this byelaw is unreasonable, because the owner of such an animal might innocently, and without knowledge or intention, be brought within its scope, and become liable to the penalties thereby imposed. But, admitting so far the justice of this objection, it seems to me that we may, consistently with the authorities, reject this portion, and act upon the remainder of the byelaw, which is perfectly good and reasonable. I think, therefore, the conviction should stand.’

Judges:

Cockburn CJ

Citations:

(1862) 8 Jur NS 640

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
Lists of cited by and citing cases may be incomplete.

Local Government, Crime

Updated: 30 May 2022; Ref: scu.259756

Stephenson, Regina (on the Application Of) v Stockton-On-Tees Borough Council: Admn 12 Oct 2004

Judges:

Keith J

Citations:

[2004] EWHC 2228 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Stephenson, Regina (on the Application Of) v Stockton on Tees Borough Council CA 26-Jul-2005
The disabled applicant received assistance from her daughter who had given up work to care for her, and whom she paid andpound;45.00 a week. The council applied their policy whch disallowed a deduction from her income of that sum.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Benefits, Local Government

Updated: 30 May 2022; Ref: scu.216387

Regina v Commissioner for Local Administration ex parte S: CA 15 Mar 1999

Citations:

[1999] EWCA Civ 989

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Commissioner for Local Administration ex parte S Admn 11-Nov-1998
Collins J said: ‘So far as injustice is concerned, it is clearly not enough that the Applicant feels that she has been unfairly treated and so has suffered an injustice. The law permits the Commissioner to find maladministration without injustice. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 30 May 2022; Ref: scu.145904

Harlow District Council and Another v Stokes and Others: QBD 3 Mar 2015

Application for interim injunction to prevent traveller families occupying certain lands.

Judges:

Patterson DBE J

Citations:

[2015] EWHC 953 (QB)

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Criminal Justice and Public Order Act 1994

Jurisdiction:

England and Wales

Local Government, Planning

Updated: 30 May 2022; Ref: scu.545603

Abernethy, Regina (on the Application Of) v Local Government Ombudsman: CA 21 Mar 2002

Citations:

[2002] EWCA Civ 552

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Abernethy Admn 14-Jan-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .

Cited by:

See Also – Regina v Local Government Ombudsman ex parte Abernethy Admn 14-Jan-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .
Cited – Abernethy, Regina (on the Application Of) v Local Government Ombudsman CA 7-Oct-2002
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 30 May 2022; Ref: scu.216878

Weeks v Magill and Porter v Magill: CA 5 Nov 1998

Citations:

[1998] EWCA Civ 1702

Jurisdiction:

England and Wales

Citing:

See Also – Weeks v Magill and Dame Porter v Magill CA 30-Apr-1999
Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper. . .

Cited by:

See Also – Dame Porter; Weeks; Hartley; England and Phillips v Magill Admn 12-Jan-1998
. .
See Also – Weeks v Magill and Dame Porter v Magill CA 30-Apr-1999
Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Natural Justice

Updated: 30 May 2022; Ref: scu.145181

Regina v Tameside Magistrates Court and Tameside Metropolitan Borough Council ex parte Coleman and Davenport: CA 22 Jul 1998

Allegations of malicious prosecution against local authorities for seeking and obtaining wrongful orders committing the claimants to prison for non-payment of Community Charge.

Citations:

[1998] EWCA Civ 1268

Statutes:

Community Charges (Administration and Enforcement) (Amendment) Regulations 1989

Jurisdiction:

England and Wales

Magistrates, Local Government, Torts – Other

Updated: 30 May 2022; Ref: scu.144747

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

A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.
Foster parents sued the council for breach of contract and for alleged negligence for breach of duty of care.
Held: There was no contractual relationship between the foster parents and the local authority. ‘although the Specialist Foster Carer Agreement had a number of features which one would expect to find in a contract, such as the payment of an allowance and expenses, provisions as to National Insurance, termination and restriction on receiving a legacy or engaging in other gainful employment and other matters to which the judge referred… I do not accept that this makes the agreement a contract in the circumstances of this case. A contract is essentially an agreement that is freely entered into on terms that are freely negotiated. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their most important respects, there is no contract’

Citations:

Times 09-Apr-1998, Gazette 20-May-1998, [1998] 3 WLR 534, [1998] EWCA Civ 614, [1998] 3 All ER 111

Links:

Bailii

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – Norweb Plc v Dixon QBD 24-Feb-1995
Electric supply was not made under a contract properly so called, and no offence was committed of harassment for payment. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their . .
Appeal from – W and Others v Essex County Council and Another QBD 16-Jul-1997
A social worker has a duty of care to inform prospective foster parents of the information which a reasonable social worker would provide. . .

Cited by:

Cited – Rowlands v City of Bradford Metropolitan District Council CA 26-Mar-1999
The defendant appealed a finding of the EAT that the claimant had standing to claim discrimination under the Act in the way her application to be a foster mother had been treated.
Held: After the EAT decision in W v Essex, it was clear that . .
Appeal from – 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 . .
Cited – Bullock v Norfolk County Council EAT 24-Jan-2011
bullock_norfolkEAT11
EAT RIGHT TO BE ACCOMPANIED
The Employment Tribunal did not err in holding that the Claimant, a foster carer, was not a worker within the meaning of the Employment Rights Act 1996 and 1999. Accordingly she . .
Lists of cited by and citing cases may be incomplete.

Negligence, Local Government, Employment

Updated: 30 May 2022; Ref: scu.144092

Monmouthshire County Council v Costelloe: CA 1965

A question arose under a contract including the ICE conditions as to whether there had historically been claims by the contractor which the Engineer had already determined under clause 66.
Held: There had been no such earlier dispute or difference which the Engineer had determined. Lord Denning MR: until there was a claim which had been rejected there could be no dispute or difference.

Judges:

Lord Denning MR

Citations:

(1965) 63 LGR 429, [1965] 5 BLR 83

Jurisdiction:

England and Wales

Cited by:

Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Lists of cited by and citing cases may be incomplete.

Local Government, Construction

Updated: 29 May 2022; Ref: scu.224299

Dolatabadi, Regina (on the Application Of) v Transport for London: Admn 25 Aug 2005

The applicant challenged seizure of his car for non-payment of penalty charge notices under the London congestion charges system. He had incurred charges assisting an elderly man to get about, and displayed his blue badge. It should have renewed autoatically but did not.
Held: ‘Transport for London totally failed to deal with the matters which Mr Dolatabadi had raised indicating why he had believed that he was entitled to the discount. That he was entitled to the discount, if only Mr Melville had not crossed the wrong box in that initial form, is clear. There is no suggestion that he had been misusing the right to a discount in any way at all. ‘

Judges:

Mr Justice Collins

Citations:

[2005] EWHC 1942 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 29 May 2022; Ref: scu.229873

Cross v Kirklees Metropolitan Borough Council: CA 27 Jun 1997

The Council’s duty to maintain a highway is not absolute. It must take reasonable steps to prevent or clear ice forming on pathway. Lord Justice Evans analysed the application of Section 41 to a situation which arose from ice and snow. In any case of this kind there is an obligation on the plaintiff to establish that there has been, as a result of the defect of which he or she complains, a foreseeable risk of injury. He said: ‘I note that first the council’s duty under s 41 is simply to ‘maintain the highway’. There is no express reference to safety or to the absence of danger. But the cause of action which arises when the duty is broken requires proof of injury caused by the failure to maintain, and the risk of injury must have been foreseeable by the council (per Diplock LJ in Burnside’s case and Lord Denning MR in Heydon’s case ). So for the purposes of civil liability the duty is to maintain the highway so as to exclude the foreseeable risk of injury resulting from its use.’ He later said: ‘The duty to maintain includes taking preventative or clearance measures which are sufficient to keep the surface reasonably safe . This means (a) what measures are sufficient will depend in part on what use of the highway can be anticipated, and by whom; and (b) that if no or insufficient measures are taken within a reasonable time, and injury is caused thereby, then the plaintiff may establish at least a prima facie breach of duty under s 41. The authority can then rely, if it chooses to do so, on the statutory defence under s 58.’

Judges:

Lord Justice Evans

Citations:

Times 10-Jul-1997, [1997] EWCA Civ 1986, [1998] 1 All ER 564

Links:

Bailii

Statutes:

Highways Act 1980 41

Jurisdiction:

England and Wales

Citing:

Cited – Heydon’s Case 1584
Mischief rule of Iinterpretation
Lord Coke stated the basis of the mischief rule of interpretation: ‘For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and . .

Cited by:

Cited – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
Cited – Goodes v East Sussex County Council HL 16-Jun-2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road.
Held: The statutory duty on a highway authority to keep a road . .
Cited – Enion v Sefton Metropolitan Borough Council CA 9-Feb-1999
The roadway was regularly closed off when flooded by the sea, and then cleaned up afterwards. The claimant slipped on seaweed on the road. The Council appealed against an award of damages, saying it was not practicable to close the road off to . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Local Government

Updated: 29 May 2022; Ref: scu.142383

Birmingham City Council, Regina (on the Application of) v The Office of the Deputy Prime Minister: Admn 17 Jun 2005

Judges:

Jenriques J

Citations:

[2005] EWHC 1405 (Admin)

Links:

Bailii

Statutes:

Local Government (Discretionary Payments) Regulations 1996 35(1)

Jurisdiction:

England and Wales

Citing:

Cited – Rose v Plenty CA 7-Jul-1975
Contrary to his employers orders, a milkman allowed children to assist him in his milkround. One was injured, and sued the milkman’s employer.
Held: The milkman had not gone so far outside the activities for which he was employed for the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Personal Injury, Vicarious Liability

Updated: 29 May 2022; Ref: scu.230107

Hazell v Hammersmith and Fulham London Borough Council: CA 2 Jan 1990

The authority entered into interest rate swap agreements, whose validity was challenged. The court considered what were the functions of a local authority within the Act. ‘We agree with the Divisional Court that in [section 111(1)] the word ‘functions’, which is accompanied by no statutory definition, is used in a broad sense, and is apt to embrace all the duties and powers of a local authority: the sum total of the activities Parliament has entrusted to it. Those activities are its functions. Section 111(1) confirms that, subject always to any contrary statutory provision, a local authority has power to do all the ancillary things requisite for carrying out those activities properly. This construction accords with the codifying purpose for which the subsection was enacted.’

Judges:

Sir Stephen Brown P

Citations:

[1990] 2 QB 697

Statutes:

Local Government Act 1972 111

Jurisdiction:

England and Wales

Citing:

Appeal from – Hazell v Hammersmith and Fulham London Borough Council QBD 1990
The issue before the courts was whether, in the absence of any express power authorising the Council to do so, the Council was within its power under s 111(1) of the Local Government Act 1972 to enter into certain swap transactions;
‘The fact . .

Cited by:

Appeal from – Approved – 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 . .
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 . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 29 May 2022; Ref: scu.223153

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.

Judges:

Lord Lowry

Citations:

[1990] 1 WLR 1453

Jurisdiction:

England and Wales

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Local Government, Torts – Other

Updated: 29 May 2022; Ref: scu.194977

Brighton and Hove District Council v Woolworths plc: QBD 11 Nov 2002

The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area.
Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of operation. That was under section 14. The power to prosecute however was differently arranged, and a council could only prosecute for acts in breach of the notice occurring within its geographical area.

Judges:

Laws LJ, Field J

Citations:

Times 27-Nov-2002

Statutes:

Consumer Protection Act 1987 14 27

Jurisdiction:

England and Wales

Consumer, Local Government, Crime

Updated: 29 May 2022; Ref: scu.178264

Regina (On the Application of Lemon Land Ltd) v Hackney London Borough Council: Admn 11 May 2001

The authority had two offers for the purchase of land. One was for less, but proposed greater employment opportunities, the value of which they felt made up for the lower consideration. The Act did not allow the local authority to take such additional returns to the community into account, and should have accepted the greater offer. The provisions placed upon the authority duties equivalent of those of trustees, and its stewardship of the land was subject to audit. The object of improving employment opportunities did not bring the motive for the selection within the rubric of ‘best consideration’
courtcommentary.com Judicial review of a decision for sale of land by Regeneration Committee of borough council ‘for a consideration less than the best that can reasonably be obtained’

Judges:

Lightman J

Citations:

Gazette 24-May-2001, [2001] EWHC Admin 336

Links:

Bailii

Statutes:

Local Government Act 1972 123(2)

Local Government, Trusts

Updated: 29 May 2022; Ref: scu.140329

A v The London Borough of Lambeth: Admn 25 May 2001

The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to satisfy them.
Held: The structure the section is general, and point very clearly to a discretion, rather than a duty, to provide accommodation in any individual case. The Act also provides a distinction between a duty to provide services and any duty to provide housing. The duties are target ones. The 1970 Act does not include a power to provide accommodation.

Citations:

[2001] EWHC Admin 376

Links:

Bailii

Statutes:

Children Act 1989 17, Carer’s Recognition and Services Act 1995, Chronically Sick and Disabled Persons Act 1970

Citing:

Cited – Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim Admn 31-Mar-1999
A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Re G CA 11-Apr-2001
. .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Housing

Updated: 29 May 2022; Ref: scu.140334

Westminster City Council v National Asylum Support Service: Admn 27 Feb 2001

Judges:

Stanley Burnton J

Citations:

[2001] EWHC Admin 138

Links:

Bailii

Statutes:

National Assistance Act 1948 21

Jurisdiction:

England and Wales

Cited by:

Appeal from – Westminster City Council v National Asylum Support Service CA 10-Apr-2001
. .
At first instance – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Lists of cited by and citing cases may be incomplete.

Benefits, Immigration, Local Government

Updated: 29 May 2022; Ref: scu.140285

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

The disposal of land in a conveyance, for the purposes of the Act, takes place on the transfer and not on exchange of contracts. The authority set out to sell land by auction but before the auction decided to accept an offer from the tenants. Before exchange the applicants offered a larger sum, but the council exchanged on the lower offer. They were enjoined from completing the sale pending a review of their decision not to accept the higher offer. Although the idea of disposal could certainly include the creation of equitable rights upon exchange, when asking which of the two events was the disposal, the conveyance date was the one. Accordingly it was not too late for the court to intervene and set aside the transaction so far.

Citations:

Times 28-Nov-2000, Gazette 05-Jan-2001, [2000] EWHC Admin 405

Links:

Bailii

Statutes:

Local Government Act 1972 123 128

Land, Local Government

Updated: 29 May 2022; Ref: scu.140221

Regina v Broad District Council ex parte Barbara June Lashley: Admn 16 Jun 2000

Judges:

Munby J

Citations:

[2000] EWHC Admin 358

Links:

Bailii

Cited by:

Appeal from – Regina v Broadlands District Council, Ex Parte Lashley CA 7-Feb-2001
A standards committee of a local authority investigated a councillor’s conduct on a complaint by a staff member. They found her behaviour to be below the standard to be expected but resolved to impose no sanction.
Held: The committee was in . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 29 May 2022; Ref: scu.140173

Regina v Liverpool City Council ex parte Barry: Admn 7 Apr 2000

The claimant challenged a scheme for licensing door staff on licensed premises within the city.
Held: Given the length of time for which the scheme had been in place, it was now inappriate to grant relief even if the scheme igt have been unlawful.

Judges:

Maurice Kay J

Citations:

[2000] EWHC Admin 321

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1982 1, Local Government Act 1972 111

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Liverpool City Council ex parte Barry CA 21-Mar-2001
The council set up a scheme requiring door security workers to be licensed, as a condition of the grant of entertainment licences. The applicant so worked but was not aware of the scheme. He challenged the introduction of the scheme. It was asserted . .
Lists of cited by and citing cases may be incomplete.

Local Government, Licensing

Updated: 29 May 2022; Ref: scu.140135

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

A local authority served notices on a property owner alleging that they were unlicensed sex establishments. The magistrate confirmed closure. The owner appealed.
Held: The statute gave two grounds for appeal, and an appeal on other grounds was not to be allowed. The fact that a court would have wide discretion on a successful appeal could not widen the permissible grounds. Where one occupier was quite unknown to the authority and so was not served, the authority could not be blamed and the procedure remained effective.

Citations:

Times 12-Apr-2000, [2000] EWHC Admin 318

Links:

Bailii

Statutes:

City of Westminster Act 1996

Citing:

Cited – Regina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association QBD 19-Jul-1993
The court discussed the way in which local authorities should conduct their activities under the section: ‘[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect . .
Lists of cited by and citing cases may be incomplete.

Local Government, Licensing

Updated: 29 May 2022; Ref: scu.140132

Regina v Flintshire County Council ex parte Armstrong-Braun: Admn 27 Jul 1999

Citations:

[1999] EWHC Admin 743

Links:

Bailii

Statutes:

Local Government Act 1972

Citing:

See Also – Director of Public Prosecutions v Armstrong-Braun Admn 5-Oct-1998
A building site was subject to a requirement to move great crested newts before work could proceed. The defendant, a local councillor interfered to prevent a digger destroying the land until the newts had been moved. He appealed his conviction for . .

Cited by:

Appeal from – Regina v Flintshire County Council, Ex Parte Armstrong-Braun CA 20-Feb-2001
A local council introduced a standing order to the effect that an item could not be placed on an agenda without being seconded. In doing so it had failed entirely to consider the fundamental effect this would have on democracy. Independent members . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 28 May 2022; Ref: scu.140007

Regina v Local Government Ombudsman ex parte Ian Abernethy: Admn 29 Jul 1999

Citations:

[1999] EWHC Admin 763

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Local Government Ombudsman ex parte Abernethy Admn 14-Jan-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .
See Also – Abernethy, Regina (on the Application Of) v Local Government Ombudsman CA 21-Mar-2002
. .

Cited by:

See Also – Regina v Local Government Ombudsman ex parte Abernethy Admn 14-Jan-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .
See Also – Abernethy, Regina (on the Application Of) v Local Government Ombudsman CA 21-Mar-2002
. .
See Also – Abernethy, Regina (on the Application Of) v Local Government Ombudsman CA 7-Oct-2002
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 28 May 2022; Ref: scu.140027

Mayor and Burgesses of London Borough of Richmond v Jon Morton (T/a Morts Trucking Co): Admn 20 Jul 1999

Citations:

[1999] EWHC Admin 715

Links:

Bailii

Cited by:

Cited – London Borough of Richmond Upon Thames v London Concrete Ltd Admn 13-Dec-2001
The respondent company was acquitted after its vehicle, exceeding the maximum weight, was driven on a restricted street in contravention of the regulations. No unrestricted street allowed access to the destination. The delivery was on the company’s . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 28 May 2022; Ref: scu.139979

Application for Permission; Bibi: Admn 20 Jul 1999

Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989.

Judges:

Tucker J

Citations:

[1999] EWHC Admin 711

Links:

Bailii

Statutes:

Children Act 1989 20

Housing, Local Government, Children

Updated: 28 May 2022; Ref: scu.139975

Regina v Kent County Council, Ex parte Salisbury and Pierre: Admn 19 May 1999

Continuing duties of local authrity to children who have been in care on attaining majority.

Citations:

(1999) 3 CCLR 38, [1999] EWHC Admin 464

Links:

Bailii

Statutes:

Children Act 1989 24

Cited by:

Cited – Regina (Stewart) v Wandsworth London Borough Council and Others QBD 17-Sep-2001
The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 28 May 2022; Ref: scu.139728

Regina v London Borough of Tower Hamlets ex parte Uddin: Admn 5 May 1999

Citations:

[1999] EWHC Admin 400, (2000) 32 HLR 391

Links:

Bailii

Cited by:

Cited – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009
The claimant wished to be rehoused by the defendant authority. He complained that their allocations policy was unlawful. Once an applicant was deemed in priority need, he entered a pool if such persons and houses were allocated (save in extreme . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 May 2022; Ref: scu.139664

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

Citations:

[1999] EWHC Admin 371

Links:

Bailii

Statutes:

Disability Discrimination Act 1995 20

Cited by:

Appeal from – Regina v Powys County Council, Ex Parte Hambidge (No 2) CA 16-Mar-2000
Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and where some benefits were received according to the level of disability, that . .
Lists of cited by and citing cases may be incomplete.

Local Government, Health, Discrimination

Updated: 28 May 2022; Ref: scu.139635

Hackney London Borough Council v Rottenberg: QBD 24 Jan 2007

The authority appealed the dismissal of a charge against the defendant rabbi on six counts of nuisance for noise of shouting clapping and stamping emanating from the synagogue to the annoyance of a neighbour.
Held: The court was not obliged to accept the evidence of a witness, and did not have to accept that of the unchallenged expert evidence of environmental and pollution control officers.

Judges:

Lord Justice Scott Baker and Mr Justice David Clarke

Citations:

Times 09-Feb-2007

Statutes:

Environmental Protection Act 1990 80(4)

Jurisdiction:

England and Wales

Local Government, Nuisance, Magistrates

Updated: 28 May 2022; Ref: scu.248918

Wheeler v Leicester City Council; In re Wheeler and others: HL 25 Jul 1985

The Council opposed sporting links with South Africa. The local rugby club failed to denounce apartheid and did not seek to dissuade three of its players touring with the national side. The Court of Appeal had refused judicial review of the council’s decision to ban the club from playing at the ground which it owned.
Held: The club’s appeal succeeded. The Club ‘could not be punished because the Club had done nothing wrong’ The Council could not rely on the 1976 Act which had different purposes, but had other discretions and powers, and ‘persuasion, however powerful, must not be allowed to cross that line where it moves into the field of illegitimate pressure coupled with the threat of sanctions.’
A body exercising public functions must not act on grounds collateral to the objective to be achieved and/or for improper motives. A public body has an overarching duty to act fairly when seeking to achieve its objectives in exercising its public functions and, by seeking to use those powers to punish someone who had not acted in any way which could properly justify such punishment, it misused its powers and, thus, acted unlawfully and Wednesbury unreasonably.’

Judges:

Lord Roskill, Lord Bridge of Harwich, Lord Brightman, Lord Templeman, Lord Griffiths

Citations:

[1985] UKHL 6, [1985] AC 1054, [1985] 3 WLR 335, [1985] 2 All ER 151

Links:

Bailii

Statutes:

Race
Relations Act 1976 71

Jurisdiction:

England and Wales

Citing:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Congreve v Secretary of State for the Home Office CA 1976
The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the . .
Appeal from – In re Wheeler CA 14-Mar-1985
The local authority disapproved of the Rugby Union maintaining links in South Africa. They banned the local team from access to a local recreation ground for club matches, save for training, when three local players were chosen to go on a tour of . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review

Updated: 28 May 2022; Ref: scu.248691

Copping v Surrey County Council: QBD 2005

The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon the basis of, the second notice the tenants took proceedings in the county court in which their right to buy was upheld. They then contended that the first notice remained valid and that therefore the price payable by them for the property should be calculated by reference to its value in March 1991. The aouthority appeal acceptance of that argument.
Held: The appeal succeeded. In the first set of proceedings in the county court the tenants had established their right to buy on the basis only of their second notice. The tenants had abandoned or withdrawn the first notice: ‘For my part I see no reason why abandonment should not, on the appropriate facts be a unilateral decision by a party not to pursue his right. Once such a decision has been made and communicated, or can be properly inferred, the right has been lost and should not be capable of being revived. If however prejudice to the victim of the delay has to be established, substantial delay may in itself give rise to an inference of prejudice.
I am satisfied that this conduct amounts to a clear abandonment of the 1991 claim or alternatively an implied withdrawal of their 1991 notice. I do not consider that on these particular facts it is necessary for the Defendant to prove prejudice as the intention to abandon or withdraw is so clearly evinced. Nevertheless if I am wrong in that conclusion I am equally satisfied that prejudice is clear.’

Judges:

Nelson J

Citations:

[2005] 34 EG 110

Statutes:

Housing Act 1985 122(3)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Copping v Surrey County Council CA 21-Dec-2005
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it.
Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of . .
Cited – Martin v Medina Housing Association Ltd CA 31-Mar-2006
The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 May 2022; Ref: scu.242429

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 had been made in breach of the rules of natural justice.The court rejected the submission that decisions such as Hook were to be distinguished because the principles enunciated in them were only to be applied where there is a statutory market or something akin to a statutory market. ‘Moreover, in the present case the Market Place at Crook is conceded to be a place to which the public has right of resort at all times. It is not a highway, but it is nevertheless a place to which the public has a right of access and on which the council have a discretion whether to allow street traders or not. During the day, the Market Place is in fact used for a market. When it is not being so used between prescribed hours it is used as a public car park for which no charge is made. It therefore seems to me that the local authority in granting or revoking licences to street traders to operate in the Market Place are in exactly the same situation as that envisaged in the Basildon case by all three members of the Court of Appeal. It seems to me that there is a public law element in the decisions of the council with regard to whom they license and whom they do not license to trade in the Market Place.’

Judges:

Taylor J

Citations:

[1985] 2 All ER 699

Jurisdiction:

England and Wales

Citing:

Applied – 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 . .
Cited – 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 . .

Cited by:

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.

Local Government

Updated: 28 May 2022; Ref: scu.185801

Lloyd v McMahon: HL 12 Mar 1987

The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Held: An aggrieved objector to local government spending should pursue his rights under the Act and not by way of seeking judicial review.
the requirements of fairness depend on the character of the decision-making body, the kind of decision it is to make and the legal framework within which it operates.
Lord Keith said: ‘It is, however, my opinion that the particular appeal mechanism provided for by section 20(3) of the Act of 1982, considered in its context, is apt to enable the court, notwithstanding that it finds some procedural defect in the conduct of an audit which has resulted in a certificate based on wilful misconduct, to inquire into the merits of the case and arrive at its own decision thereon. Section 20(3)(b) empowers the court to ‘confirm the decision or quash it and given any certificate which the auditor could have given.’ The relevant rules of court enable a rehearing of the broadest possible scope to take place . . In the circumstances, it would be quite unreasonable and not in accordance with the intendment of the enactment to hold that the court, where an issue is raised as to the fairness of the procedure adopted by the auditor, is confined to a judicial review species of jurisdiction so as to have power only to quash or affirm the auditor’s certificate without entering upon its own examination of the merits of the case. No doubt there may be cases where the procedural defect is so gross, and the prejudice suffered by the appellant so extreme, that it would be appropriate to quash the auditor’s decision on that ground. But in my opinion the court has a discretion, where it considers that justice can properly be done by its own investigation of the merits, to follow that course.’
Lord Bridge said: ‘My Lords, the so called rules of natural justice are not engraved on tablets of stone. To use the phrase which better expresses the underlying concept, what the requirements of fairness demand when any body, domestic, administrative or judicial, has to make a decision which will affect the rights of individuals depends on the character of the decision-making body, the kind of decision it has to make and the statutory or other framework in which it operates. In particular, it is well-established that when a statute has conferred on any body the power to make decisions affecting individuals, the courts will not only require the procedure prescribed by the statute to be followed, but will readily imply so much and no more to be introduced by way of additional procedural safeguards as will ensure attainment of fairness.’ and ‘In every case it must be for the court, as a matter of discretion, to decide how in all the circumstances its jurisdiction under section 20(3) can best be exercised to meet the justice of the case. But I am clearly of opinion that when the court has, as here, in fact conducted a full hearing on the merits and reached a conclusion that the issue of a certificate was justified, it would be an erroneous exercise of discretion nevertheless to quash the certificate on the ground that, before the matter reached the court, there had been some defect in the procedure followed.’
Lord Templeman said: ‘The task of the court was to ‘give any certificate which the auditor could have given’ (section 20(3) of the Act of 1982). The court was not concerned with any defects in the procedure adopted by the auditor because those defects (if any) did not hamper the prosecution or conduct of the appeal. Different considerations apply if a statute only allows an appeal to a court on a question of law, or entitles or obliges the court of law to rely on the facts found by the tribunal. And the defects in the inquiry conducted by the tribunal may be so prejudicial to the aggrieved person that the court in its discretion may decide to quash the decision and not to proceed with an appeal on the merits in the absence of the views of the tribunal after a proper inquiry. In the present case the Divisional Court was entitled to consider the appeal on its merits and on the basis of the evidence presented to the court.’

Judges:

Lord Bridge, Lord Keith, Lord Templeman

Citations:

[1987] AC 625, [1987] UKHL 5, [1987] 1 All ER 1118, [1987] 2 WLR 821

Links:

Bailii

Statutes:

Local Government Finance Act 1982 17, General Rate Act 1967 20(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Lloyd v McMahon CA 1986
Councillors had been surcharged by the district auditor. The Act provided for an appeal to the High Court by anyone ‘aggrieved’ by the decision of an auditor, and further provided that on the hearing of the appeal ‘the court may confirm, vary or . .
Cited – In Re Smith and Fawcett Ltd CA 1942
Directors to act Without Collateral Purpose
The primary duty of a director imposed by the general law is that he should act in what he considers to be the best interests of the company, and not for any collateral purpose. That duty is a subjective one that depends on the directors exercising . .
Cited – Jeffs and Others v The New Zealand Dairy Production and Marketing Board and Others PC 13-Oct-1966
(New Zealand) . .
Cited – Leary v National Union of Vehicle Builders 1971
The court faced questions on a trades union’s decision as to the membership of the applicant.
Held: As a general rule, ‘a failure of natural justice in the trial body cannot be cured by a sufficiency of natural justice in an appellate body.’ . .
Cited – Calvin v Carr PC 15-Jan-1979
(New South Wales) It was argued that a decision of the stewards of the Australian Jockey Club was void for having been made in breach of the rules of natural justice.
Held: The stewards were entitled to use the evidence of their eyes and their . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .

Cited by:

Cited – Regina (DR) (AM) v St George’s Catholic School and Others, Regina (A) v Kingsmead School Governors and Another CA 13-Dec-2002
The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the . .
Cited – Centre Reinsurance International Co and Another v Curzon Insurance Ltd ChD 12-Feb-2004
It was a necessary part of the system of statutory transfers of insurance obligations under the Act, that the rights should be transferred before exhaustion of any policy excess, and notwithstanding the insolvency. The rights (inchoate at this . .
Cited – Regina v District Auditor, Gateshead ex parte Judge P CA 8-Nov-1996
The objector sought leave to appeal. He had objected to spending on a war memorial. The district auditor when declining to intervene had given his reasons. The claimant objected that he should have waited before giving those reasons.
Held: . .
Cited – Attorney General’s Reference (No 3 of 2003) CACD 7-Apr-2004
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died.
Held: The trial took place before R -v- G which had overruled Caldwell. The . .
Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .
Cited – Tangney v The Governor of HMP Elmley and Another CA 29-Jul-2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his . .
Cited – Regina v Civil Service Appeal Board, Ex parte Cunningham CA 1991
The court considered the effect of a disciplinary board failing to give reasons. The absence of any right to appeal may be a factor in deciding that reasons should be given. If it is ‘important that there should be an effective means of detecting . .
Cited – Regina v Ministry of Defence ex parte Colin James Murray QBD 15-Dec-1997
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had . .
Cited – Betterment Properties (Weymouth) Ltd v Dorset County Council ChD 2-Mar-2007
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should . .
Cited – Regina v Secretary of State for Wales Ex Parte Emery CA 9-Jul-1997
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it.
Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over . .
Cited – Lawrence v Financial Services Commission PC 14-Dec-2009
lawrence_fscPC2009
(Jamaica) The appellant challenged a fixed penalty notice issued in respect of a financial services allegation, saying that it had been made without him having been allowed opportunity to be heard by an impartial tribunal.
Held: Actions under . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative, Natural Justice

Updated: 28 May 2022; Ref: scu.183208

Wandsworth London Borough Council v Winder: HL 1985

Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the grounds that they were Wednesbury unreasonable, and counterclaiming for a declaration to that effect. The tenant proposed adducing some evidence to support his case of unreasonableness. The local authority sought to strike out the defence and counterclaim as an abuse of process, on the grounds that the tenant should be debarred from challenging the conduct of the local authority other than by application for judicial review under RSC, Ord 53.
Held: Mr Winder was entitled as of right to challenge the local authority’s decision by way of defence in the proceedings which it had brought against him. The decision was based on ‘the ordinary rights of private citizens to defend themselves against unfounded claims.’
As a matter of construction of the relevant legislation, those rights had not been swept away by the procedural reforms introducing the new RSC Ord 53. Where the issue of a private law right depending on a prior public law decision is raised as a defence to a claim, then the point does not have to be dealt with by judicial review.
Lord Fraser of Tullybelton said: ‘It would in my opinion be a very strange use of language to describe the respondent’s behaviour in relation to this litigation as an abuse or misuse by him of the process of the court. He did not select the procedure to be adopted. He is merely seeking to defend proceedings brought against him by the appellants. In so doing he is seeking only to exercise the ordinary right of any individual to defend an action against him on the ground that he is not liable for the whole sum claimed by the plaintiff. Moreover he puts forward his defence as a matter of right, whereas in an application for judicial review, success would require an exercise of the court’s discretion in his favour. Apart from the provisions of Order 53 and section 31 of the Supreme Court Act 1981, he would certainly be entitled to defend the action on the ground that the plaintiff’s claim arises from a resolution which (on his view) is invalid: see for example Cannock Chase District Council v. Kelly [1978] 1 WLR 1, which was decided in July 1977, a few months before Order 53 came into force (as it did in December 1977). I find it impossible to accept that the right to challenge the decision of a local authority in course of defending an action for non-payment can have been swept away by Order 53, which was directed to introducing a procedural reform. As my noble and learned friend Lord Scarman said in Reg. v. Inland Revenue Commissioners, Ex parte Federation of Self Employed and Small Businesses Ltd. [1982] AC 617, 647G ‘The new R.S.C., Ord. 53 is a procedural reform of great importance in the field of public law, but it does not – indeed, cannot – either extend or diminish the substantive law. Its function is limited to ensuring ‘ubi jus, ibi remedium.” Lord Wilberforce spoke to the same effect at p. 631A. Nor, in my opinion, did section 31 of the Supreme Court Act 1981 which refers only to ‘an application’ for judicial review have the effect of limiting the rights of a defendant sub silentio.’

Judges:

Lord Fraser of Tullybelton

Citations:

[1985] AC 461, [1984] UKHL 2, [1984] 3 All ER 83, [1984] 3 WLR 563

Links:

Bailii

Statutes:

Housing Act 1957

Jurisdiction:

England and Wales

Citing:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Approved – Pyx Granite Ltd v Ministry of Housing and Local Government HL 1959
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court . .

Cited by:

Cited – Manchester City Council v Cochrane and Cochrane CA 21-Dec-1998
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing . .
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 – Roy v Kensington and Chelsea and Westminster Family Practitioner Committee HL 6-Feb-1992
The respondent had withheld part of the plaintiff’s GP payments saying that he had failed to devote himself full time to his practice. The plaintiff sued, and the defendant sought to strike out his application, saying that his application had to be . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Doran v Liverpool City Council CA 3-Mar-2009
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act.
Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time . .
Cited – Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs CA 31-Mar-2010
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the . .
Cited – Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Cited – North Somerset District Council v Honda Motor Europe Ltd and Others QBD 2-Jul-2010
Delayed 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 . .
Cited – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Manchester City Council v Pinnock SC 9-Feb-2011
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . .
Cited – Ruddy v Chief Constable, Strathclyde Police and Another SC 28-Nov-2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review, Housing

Updated: 28 May 2022; Ref: scu.181810

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

Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure to consult, and the obstruction of their rights of establishment under European law.
Held: To the extent that the application form as originally designed was incompatible with the Treaty, it had been amended. That some artists might have originally been deterred from applying was insufficient on its own to justify a review. Some consultation had taken place, and the practical difficulties in a consultation were not insuperable. However the traders were already acting unlawfully, and therefore they could have no legitimate expectation that they should be consulted.

Judges:

Kay J

Citations:

[2000] EWHC Admin 407

Links:

Bailii

Statutes:

City of Westminster Act 1999, EC Treaty 43

Jurisdiction:

England and Wales

Citing:

Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Cited – Regina v Tower Hamlets London Borough Council, ex parte Kayne-Levenson CA 1975
There is a clear public interest in the regulation of street markets. . .
Cited – Regina v Southwark Crown Court ex parte Watts CA 1991
A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson CA 22-Feb-1993
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow . .
Cited – Regina v Rochdale Metropolitan Borough Council, ex parte Schemet QBD 1993
The court considered the withdrawal of a policy whereby the local authority paid travelling expenses for the attendance of pupils at denominational schools outside the area.
Held: Relief was granted. The authority should have consulted those . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government, European

Updated: 28 May 2022; Ref: scu.140223

Regina v St Edmundsbury Borough Council (ex parte Walton): Admn 13 Apr 1999

The power to judge whether an application for planning permission would have substantial environmental effect was not capable of being exercised by an officer of the Council without an express delegation of that power. The decision as to whether there should be an environmental statement was an important one, and that if an authority wished to delegate the decision to an officer, it had to do so formally and could not rely on some general practice alone.

Judges:

Hooper J

Citations:

Times 05-May-1999, [1999] JPL 805, [1999] EWHC Admin 298

Links:

Bailii

Cited by:

Cited – Younger Homes (Northern) Ltd v First Secretary of State and Another Admn 26-Nov-2003
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment, Local Government

Updated: 28 May 2022; Ref: scu.139562

Waddell and others v Royal Borough of Kensington and Chelsea v Traffic Director for London: Admn 31 Mar 1999

A local authority required to implement a red route designated by the Secretary of State had no discretion on the issue. The only retained discretion was as to timing, and then within the requirement to act ‘as soon as is reasonable practical’

Citations:

Gazette 14-Apr-1999, Times 30-Apr-1999, [1999] EWHC Admin 290

Links:

Bailii

Statutes:

Road Traffic Regulation Act 1984 Sch 9, Road Traffic Act 1991 57(1)

Road Traffic, Local Government

Updated: 28 May 2022; Ref: scu.139554

Regina v Gloucestershire County Council ex parte Radar: Admn 1998

It is not sufficient for an authority to discharge its duty under the Act by writing letters to those affected or potentially affected and offering them reassessment.
Carnwath J said: ‘In some areas of the law that might be an adequate response, where those affected can be assumed to be capable of looking after their own interests, and where silence in response to an offer can be treated as acceptance or acquiescence. However, that approach is not valid in the present context. The obligation to make an assessment for community care services does not depend on a request, but on the appearance of ‘need.”

Judges:

Carnwath J

Citations:

[1998] 1 CCLR 477

Statutes:

Chronically Sick and Disabled Persons Act 1970

Jurisdiction:

England and Wales

Cited by:

Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea Admn 11-Mar-2010
The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Health

Updated: 28 May 2022; Ref: scu.402613

The Ramblers’ Association v Coventry City Council: Admn 17 Apr 2008

The Council sought to close a footpath on the basis that it was encouraging anti-social behaviour. The Association challenged the closure.
Held: Before making such an order the authority had to follow the statutory procedures, including considering whether a lesser order might achieve the required effect. In this case the authority had followed the procedure and taken into account the relevant considerations and the order was confrimed.

Judges:

Mr Michael Supperstone, QC

Citations:

[2008] EWHC 796 (Admin), Times 27-May-2008

Links:

Bailii

Statutes:

Highways Act 1980 8A, Clean Neighbourhoods and Environment Act 2005, Highways Act 1980 (Gating Orders) (England) Regulations 2006

Jurisdiction:

England and Wales

Land, Local Government

Updated: 28 May 2022; Ref: scu.271226

Regina v Commissioner for Local Administration ex parte S: Admn 11 Nov 1998

Collins J said: ‘So far as injustice is concerned, it is clearly not enough that the Applicant feels that she has been unfairly treated and so has suffered an injustice. The law permits the Commissioner to find maladministration without injustice. Therefore, it is a trite observation to say that it must follow that the mere finding of maladministration cannot mean that there must be injustice as well. It . . must be established that there is some prejudice to the Applicant before a finding of injustice can properly be made. That prejudice may be no more than the loss of an opportunity . . and certainly it is not required that any particular damage be established. Indeed it is quite plain that the word ‘injustice’ was used with a view to indicating something wider than is covered by the concept of damage and also perhaps to avoid the need to delve into questions of causation which might otherwise arise in certain cases.’

Judges:

Collins J

Citations:

[1998] EWHC Admin 1062, CO/2088/97

Links:

Bailii

Cited by:

Appeal from – Regina v Commissioner for Local Administration ex parte S CA 15-Mar-1999
. .
Cited – Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury Admn 15-Oct-2009
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation.
Held: The respondent’s rejection of the . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 27 May 2022; Ref: scu.139183

Regina v Carrick District Council ex parte Prankerd: Admn 24 Jul 1998

Mooring charges were not properly described as ‘ship’s dues,’ and a local harbour authority had no power to distrain on a yacht moored in the harbour for such charges. Judicial review succeeded.

Citations:

Gazette 03-Sep-1998, [1998] EWHC Admin 776

Links:

Bailii

Statutes:

Harbour Act 1964 26(3), Harbour, Docks and Piers Act 1847 44

Local Government

Updated: 27 May 2022; Ref: scu.138897

Bromsgrove District Council v Michael Richard Powers: Admn 16 Jul 1998

The authority appealed against the magistrates’ decision to renew a private hire operator’s licence against its own wishes. The licensee no longer opertaed any cars under the licence itself but instead all business was conducted under care operated within the licence from a neighbouring authority.

Citations:

[1998] EWHC Admin 755

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 55 46(1)

Jurisdiction:

England and Wales

Licensing, Local Government, Road Traffic

Updated: 27 May 2022; Ref: scu.138876