London Borough of Southwark and Another v Transport for London: SC 5 Dec 2018

Question as to the meaning of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000

Lady Hale, President, Lord Reed, Deputy President, Lord Carnwath, Lord Lloyd-Jones, Lord Briggs
[2018] UKSC 63, Bailii Summary , [2019] 1 P and CR 14, [2019] RVR 49, [2018] 3 WLR 2059, [2019] PTSR 1, [2019] 2 All ER 271, UKSC 2017/0160
Bailii, SC, SC Summary, SC Summary Cvideo, SC 2018 1024 am Video, SC 2018 10 24 PM, SC 2018 10 25 am Video
GLA Roads and Side Roads (Transfer of Property etc) Order 2000
England and Wales

Land, Local Government, Transport

Updated: 01 December 2021; Ref: scu.630951

Burnip v Birmingham City Council and Another: CA 15 May 2012

Disability is a prohibited ground for discrimination

Maurice Kay LJ VP, Hooper LJ, Henderson J
[2012] EWCA Civ 629, [2013] PTSR 11
Bailii
England and Wales
Cited by:
CitedMathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Benefits, Human Rights

Updated: 30 November 2021; Ref: scu.459792

Davies and Another v Crawley Borough Council: Admn 1 Nov 2001

The council adopted schemes licensing on street trading. The applicants had established uses on streets where such activity was now prohibited. The council offered alternative trading sites on payment of annual fees. The applicants asserted the scheme was Wednesbury unreasonable, having not made allowance for existing uses permitted by law. The authority should have made discontinuance orders which would have allowed a claim for compensation.
Held: The applicants’ interests in the land was tenuous, and they had no rights in land which could be affected. The Act gave the authority a wide discretion in such schemes, and their choice was not disproportionate.

Goldring J
Gazette 15-Nov-2001, [2001] EWHC Admin 854
Bailii
Local Government (Miscellaneous Provisions) Act 1982 3
England and Wales

Local Government, Land

Updated: 30 November 2021; Ref: scu.167255

Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Others: CA 18 Feb 2014

The court considered how local authorities were to decide whether a citizen due to receive certain kinds of assistance was resident in or had the closest connection with a particular authority. In this particular case the issue arose in respect of a claimant without capacity himself to decide where to live.

Elias, Lewison, Floyd LJJ
[2014] EWCA Civ 12, [2014] 1 WLR 3408, [2014] 3 All ER 603, [2014] BLGR 433, [2014] 2 FCR 606, (2014) 17 CCL Rep 78, [2014] WLR(D) 80, [2014] HLR 34
Bailii, WLRD
England and Wales
Citing:
Appeal fromCornwall Council, Regina (on The Application of) v Wiltshire Council and Others Admn 21-Dec-2012
Dispute as to which council had obligation to support a young disabled man. . .

Cited by:
Appeal fromCornwall 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.

Local Government

Updated: 29 November 2021; Ref: scu.521401

Thompson, Regina (on the Application of) v Oxford City Council: CA 11 Feb 2014

Appeal against refusal of renewal of licence for lap dancing club.
Held: It could not be said that the reasons given were inadequate. The appeal failed.

Lord Dyson MR, Longmore, Lloyd Jones LJJ
[2014] EWCA Civ 94, [2014] 1 WLR 1811, [2014] WLR(D) 62
Bailii, WLRD
Local Government (Miscellaneous Provisions) Act 1982
England and Wales
Citing:
Appeal fromThompson, Regina (on The Application of) v Oxford City Council Admn 28-Jun-2013
This case raises issues regarding the licensing of lap-dancing clubs. . .

Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 29 November 2021; Ref: scu.521161

Walford, Regina (on The Application of) v Worchestershire County Council: Admn 10 Feb 2014

The Claimant challenged the decision of the Respondent to uphold its reversal of a previous decision to disregard a property, Sunnydene, Astley Burf, Stourport-on-Severn owned by the Claimant’s elderly mother, in calculating her mother’s ability to pay care home charges.
Held: The decision was quashed and returned for reconsideration. While the Council had rightly believed that the claimant had to establish that it was her main home, it had wrongly believed that she could not do so unless she established that she was in ‘actual occupation’ of it and/or that it was her ‘permanent residence’: ”home’ is a place to which a person has a degree of attachment both physical and emotional. It is also agreed that physical presence is neither necessary nor sufficient. What is important is the degree of occupation and the nature of the occupation. Ultimately whether a person occupies premises as their home is determined by a test which is both qualitative and quantitative.’ A person could in principle ‘occupy’ a property as his or her home even if they did not live there all the time, or even the majority of the time.
The Council had erred in also considering only the situation at the tiem when the patient had gone into long term care: ‘ there is no basis for limiting the power of review to the circumstances prevailing at the time of the original assessment. I accept the submissions made on behalf of the Secretary of State and the Claimant that a decision whether or not to disregard property can be reviewed whenever there is a change in circumstances. The opening words of section 7.003 of [the Guidance] require the focus of the inquiry to be on the present, not the past, position.’

Supperstone J
[2014] EWHC 234 (Admin), [2014] WLR(D) 65, [2014] PTSR 968
Bailii, WLRD
National Assistance Act 1948 22, National Assistance (Assessment of Resources) Regulations 1992
England and Wales
Cited by:
Appeal fromWalford v Worcestershire County Council CA 27-Jan-2015
The claimant had, on her mother going into long term care, sought to avoid an order for the sale of the mother’s house saying that it was also the claimant’s home. The Council now appealed against a finding that it had to take into account . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health

Updated: 29 November 2021; Ref: scu.521115

Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: Admn 7 Feb 2014

The Claimants challenge decisions of the Defendant in relation to the regional allocation of EU Structural Funds for the period 2014 – 2020.

Stewart J
[2014] EWHC 232 (Admin), [2014] BLGR 389
Bailii

Local Government, European

Updated: 29 November 2021; Ref: scu.521078

Aster Healthcare Ltd v Shafi (Estate of): QBD 24 Jan 2014

The defendant executor appealed from summary judgment in favour of the claimant in respect of outstanding care home fees.

Andrews DBE J
[2014] EWHC 77 (QB), [2014] PTSR 888, [2014] WLR(D) 42
Bailii, WLRD
Mental Capacity Act 2005, National Assistance Act 1948, National Health Service and Community Care Act 1990
England and Wales

Contract, Health, Local Government

Updated: 29 November 2021; Ref: scu.520897

Neath and Port Talbot Council v Secretary of State for Health: Admn 31 Jul 2013

The court was asked which of two the local authorities should pay for the continuing care of a man now nearing 50 years of age who suffered severe brain injury in a road traffic accident in 2005. He lacked mental capacity and required 24 hours’ care. The issue of funding in turn depended upon the authority in whose area SM is ordinary resident within the meaning of the 1948 Act.

Jarman J
[2013] EWHC 3341 (Admin)
Bailii
National Assistance Act 1948
England and Wales

Local Government, Benefits

Updated: 26 November 2021; Ref: scu.517803

Hunt, Regina (on The Application of) v North Somerset Council: CA 6 Nov 2013

Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported by the Council. Judicial review had been refused.
Held: The court upheld the appellant’s argument under section 149, but expressed doubt about whether section 507B(9) was applicable, though this was not disputed by the respondent. The court assumed without deciding, that the section was applicable, and on that assumption it upheld the appellant’s argument. However, the court refused to make the quashing order which was sought.
Rimer LJ said that although in theory a quashing order could be made, the court could not see how this could be done without quashing the respondent’s decision to approve the entire revenue budget for the financial year 2012/13, which had expired nearly three months before the appeal was heard. He concluded: ‘It is now too late to unwind what has been done. . . Judicial review is a discretionary remedy and, even though we have accepted the substantive points which Mr Hunt has advanced, we are of the firm view that he ought not to be granted the quashing order for which he asks. To do so would be detrimental to good administration.
We refuse to grant any relief to Mr Hunt and therefore dismiss the appeal.’

Moore-Bick, Rimer, Underhill LJJ
[2013] EWCA Civ 1320
Bailii
Equality Act 2010 149, Education Act 1996 507B
England and Wales
Citing:
Appeal fromHunt v North Somerset Council Admn 18-Jul-2012
The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the . .

Cited by:
Appeal fromHunt v North Somerset Council SC 22-Jul-2015
The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the . .
Main judgmentHunt, Regina (on The Application of) v North Somerset Council CA 21-Nov-2013
Reasons for costs order made on failure of the claimant’s applications.
Held: The respondent should be entitled to recover half of its costs of the appeal. Rimer LJ said that by the time that the appeal came on for hearing, it was far too late . .

Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review

Updated: 25 November 2021; Ref: scu.517453

Trail Riders Fellowship and Others v Powys County Council: Admn 17 Oct 2013

The applicants challenged decisions of the Council to make a traffic regulation order over each of two byways in the county. The Council was both the traffic and highway authority for the county. These orders had the effect of prohibiting the use of the byways by motor vehicles, motor cycles and horse drawn vehicles.

Cranston J
[2013] EWHC 3144 (Admin)
Bailii

Land, Local Government

Updated: 21 November 2021; Ref: scu.516545

Credit Suisse v Allerdale Borough Council: CA 20 May 1996

Builder’s Guarantee Ultra Vires LA

The council set out to provide a swimming pool using powers under s.19 of the 1976 Act. Purporting to use powers under s.111 of the 1972 Act, it set up a company to develop a site by building a leisure pool and time-share units, with a view to selling the time-share units to pay for the cost of building the pool. The council gave a guarantee to help the company to finance the project, and on the strength of this the company obtained a facility from the bank. The sale of the time-share units proved unsatisfactory and the company went into liquidation. The bank sued the council under the guarantee to recover the sums owed to it by the company.
Held: The guarantee was ultra vires where it had been given to a company when the authority was acting outside it’s proper powers. Where a statutory corporation purports to enter into a contract which it is not empowered by the relevant statute to enter into, the corporation lacks the capacity to make the supposed contract. This lack of capacity means that the document and the agreement it contains do not have effect as a legal contract. It exists in fact but not in law. It is a legal nullity. The purported contract which is in truth not a contract does not confer any legal rights on either party. Neither party can sue on it. Any third party dealing with a local authority should be aware of that fact [of limited capacity and competence] and of the potential legal risk.
Hobhouse LJ said: ‘The discretion of the court in deciding whether to grant any remedy is wide one. It can take into account many considerations, including the needs of good administration, delay, the effect on third parties, and the utility of granting the relevant remedy.’

Hobhouse LJ
Times 20-May-1996, [1997] QB 306
Local Government Act 1972 111, Local Government (Miscellaneous Provisions) Act 1976 819
England and Wales
Citing:
Appeal fromCredit Suisse v Allerdale Borough Council QBD 17-Jun-1994
A Local Authority’s guarantee for its own company was void, having been given for impermissible reasons. . .
AppliedLondon and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .

Cited by:
CitedStretch v The United Kingdom ECHR 24-Jun-2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under . .
CitedRegina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
CitedKilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
CitedBirmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .

Lists of cited by and citing cases may be incomplete.

Local Government, Contract, Company, Banking

Updated: 20 November 2021; Ref: scu.79620

Lower Hutt City Council v Bank: 1974

(New Zealand Court of Appeal) The court was asked about the validity of a decision of a local council where it was said that a councillor had already made up his mind: ‘It cannot be doubted that one of the cardinal principle of natural justice, and one of very wide application, is that in the absence of statutory authority or consensual agreement or the operation of necessity, no man can be a judge in his own cause. But again, the extent to which this fundamental principle applies must be governed by the relevant circumstances, including, especially, the statutory provisions relating to the function. It is a patent consequence of the rule that no man can be a judge in his own cause that where the circumstances reasonably indicate the likelihood of bias on the part of the adjudicator, he will, unless one of the exceptions stated above apply, be disqualified. It is now necessary to see, in the light of the applicable circumstances, to what extent these rules apply to a council dealing with objections to a proposed street stopping. It is obvious that before a council reaches the stage of deciding to put in motion the machinery for stopping, much investigation will have been undertaken and many decisions made. There will have been a resolution passed by the council. A fair minded and responsible person might well think that when a council have reached that stage of decision, a real likelihood of bias must be seen to be present, because the council must to a large extent have pre-determined the issue. Nevertheless, the Legislature, well-knowing this, has designedly left it to councils to determine at the next stage whether objections should be sustained. So something less than the scrupulous state of impartiality and its appearance required of Courts of justice is required of councils in these circumstances. We think that the state of impartiality which is required is the capacity in a council to preserve a freedom, notwithstanding earlier investigations and decisions, to approach their duty of inquiring into and disposing of the objections without a closed mind, so that if considerations advanced by objectors bring them to a different frame of mind they can, and will go back on their proposals … ‘

McCarthy P
[1974] 1 NZLR 545
England and Wales
Cited by:
CitedIsland Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
CitedPartingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 17 November 2021; Ref: scu.244705

Forest Heath District Council and Others v the Electoral Commission and Others: Admn 10 Jul 2009

This case concerns the consideration currently being given to proposals to re-organise the structure of local government in Suffolk into a unitary (or single-tier) system.

Foskett J
[2009] EWHC 1682 (Admin), [2009] PTSR CS53, [2009] PTSR (CS) 53, [2009] 28 EG 85 (CS)
Bailii
England and Wales

Elections, Local Government

Updated: 17 November 2021; Ref: scu.347484

Bovis Homes Ltd v New Forest District Council: Admn 2002

An allegation of bias was based on the participation by a councillor in the meeting which adopted the council’s local plan who was a member of a committee and had been involved in a meeting of that committee which had supported the proposed adoption. This meant, it was submitted, that there had been predetermination.
Held: Ouseley J: ‘In my judgment a Council acts unlawfully where its decision-making body has predetermined the outcome of the consideration which it is obliged to give to a matter, whether by the delegation of its decision to another body, or by the adoption of an inflexible policy, or as in effect is alleged here, by the closing of its mind to the consideration and weighing of the relevant factors because of a decision already reached or because of a determination to reach a particular decision. It is seen in a corporate determination to adhere to a particular view, regardless of the relevant factors or how they could be weighed. It is to be distinguished from a legitimate predisposition towards a particular point of view. I derive those principles from the Kirkstall Valley Campaign Ltd case to which I have already referred, particularly at page 321G.
There is obviously an overlap between this requirement and the commonplace requirement to have rational regard to relevant considerations. But in my judgment, the requirement to avoid predetermination goes further. The further vice of predetermination is that the very process of democratic decision making, weighing and balancing relevant factors and taking account of any other viewpoints, which may justify a different balance, is evaded. Even if all the considerations have passed through the predetermined mind, the weighing and balancing of them will not have been undertaken in the manner required. Additionally, where a view has been predetermined, the reasons given may support that view without actually being the true reasons. The decision-making process will not then have proceeded from reasoning to decision, but in the reverse order. In those circumstances, the reasons given would not be true reasons but a sham.
In my judgment the sequence of steps and the accumulation of events here shows predetermination and a closed mind, rather than just a strong disposition to include the land within the NFHA.’

Ouseley J
[2002] EWHC 483 (Admin)
Cited by:
CitedIsland Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
CitedPartingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 17 November 2021; Ref: scu.244704

Regina v Amber Valley District Council ex parte Dickson: QBD 1984

One group on the council decided to support a proposed planning application. It was then asked whether that prevented a member of the group sitting on the committee which would assess it. There was an affidavit from the leader of the majority group in which he stated that all material considerations would be taken into account when the planning committee came to deal with the application.
Held: Members of the group could not be so disqualified.
Woolf J: ‘I fully accept, particularly having regard to the authorities to which I have referred, that there is an obligation on the district council to deal fairly with the applications by KLF for planning permission and that in that sense the principles of natural justice apply to the consideration of an application for planning permission. Furthermore, I agree that this court has the right to intervene to prevent an application being dealt with in an unfair manner or contrary to the principles of natural justice by the district council. However, I cannot accept that Webster J’s test can be applied in this situation [That was a reference to Steeples v Derbyshire County Council [1984] 3 All ER 468]. It is much easier for the court to interfere on the basis of procedural unfairness than on the basis of bias of the sort alleged in this case. It is to be noted that it is not alleged here that the district council had entered into any contract which precluded them from exercising an independent judgment as was alleged against the Derbyshire County Council. Nor is it alleged that any individual district councillor has some personal financial interest. My conclusion as to what the evidence shows in this case is that it indicates that the majority of the district council can only be said to be ‘biased’ in the sense that they are, as the respondents’ counsel contends, ‘politically predisposed’ in favour of the development in respect of which planning permission is sought. It has become the Labour group’s policy to support the development. It is therefore likely that any Labour member of the planning committee will be more ready to grant planning permission than he would be if the Labour group had remained adverse to the development. But does this have the fact of disqualifying the Labour majority from considering the planning application? It would be a surprising result if it did [disqualify] since in the case of a development of this sort, I would have thought that it was almost inevitable, now that party politics play so large a part in local government, that the majority group on a council would decide on the party line in support of the proposal. If this was to be regarded as disqualifying the district council from dealing with the planning application, then if that disqualification is to be avoided, the members of the planning committee at any rate will have to adopt standards of conduct which I suspect will be almost impossible to achieve in practice.’
CS Woolf J: ‘The rules of fairness of natural justice cannot be regarded as being rigid. They must alter in accordance with the context. Thus in the case of highways, the department can be both the promoting authority and the determining authority. When this happens, of course any reasonable man would regard the department as being predisposed towards the outcome of the inquiry. The department is under an obligation to be fair and to carefully consider the evidence given before the inquiry but the fact that it has a policy in the matter does not entitle a court to intervene. So in this case I do not consider the fact that there is a declaration of policy by the majority group can disqualify a district council from adjudicating on a planning application. It may mean that the outcome of the planning application is likely to be favourable to an applicant and therefore unfavourable to objectors. However, Parliament has seen fit to lay down that it is the local authority which have the power to make the decision and an applicant for planning permission in the normal way are entitled to have a decision from the local authority if the Secretary of State decides not to intervene. The legislation could have given a right of appeal to the objectors in the same way as it is given to applicants but this it has not done and they are dependent on the limited powers of this court to intervene by way of judicial review. ‘
Woolf J: ‘I do not say that the court can never intervene. Indeed I do not question Webster J’s decision to do so in respect of the conduct of the county council. However in this case, while the Labour majority undoubtedly had a policy, there is no evidence before me on which it would be right to hold that they would not (despite the policy) consider the objections to the planning application on their merits. I would make it absolutely clear that they are under a duty to do so. However, in this case I have an affidavit from the leader of the majority Labour group on the district council that when the planning committee come to consider the application all material considerations will be taken into account. He furthermore indicates that the decision will be taken in light of the report prepared by the council’s officers. That report is in evidence before me; it is a detailed and balanced report which has not been criticised by the applicants. In these circumstances, it seems to me that it would be quite wrong of me to infer that the planning committee would not do precisely what Mr Cook deposes that he believes that they will do, namely take into account all material considerations.’

Woolf J
[1984] 3 All ER 501, [1985] 1 WLR 2998
England and Wales
Citing:
CitedSteeples v Derbyshire County Council 1984
The Council owned park land which they wanted to develop as a leisure centre with recreational facilities. They agreed with a company who was to manage the development that they would undertake to use their best endeavours to obtain outline planning . .

Cited by:
CitedRegina v Waltham Forest London Borough Council, Ex parte Baxter CA 1988
Challenge was made to the way the Council set its rate. Prior to the decision, the majority group held a private meeting at which a decision was reached following a vote on the appropriate increase. It was then the duty of the members to vote in . .
CitedIsland Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
CitedPartingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 17 November 2021; Ref: scu.244703

Hall v Beckenham Corporation: 1949

A claim was made in nuisance against the local authority, the owner of a public park, in which members of the public flew noisy model aircraft.
Held: The local authority were not liable as the occupiers of the park for an alleged nuisance that was being committed in the park. Finnemore J discussed the purpose of a public walks or pleasure grounds under the 1875 Act, saying: ‘So far as a local authority are concerned, if land is bought under s. 164 of the Act of 1875 for that purpose it is dedicated to the use of the public for the purpose of a park.’

Finnemore J rejected the plaintiff’s submission that even if it was not the occupier, the authority was liable because it had the management and control of the park: ‘So long as a member of the public behaves himself in the ordinary way, committing no criminal offence and observing the by-laws, the corporation cannot stop his doing what he likes in this recreation ground . . I think that the corporation are the trustees and guardians of the park, and that they are bound to admit to it any citizen who wishes to enter it within the times when it is open. I do not think that they can interfere with any person in the park unless he breaks the general law or one of their by-laws. They cannot put themselves in the position of judges of whether a person may be causing a nuisance to someone outside the park. Their proper attitude to such a complaint is to say that the complainer must take action against the person who is said to be committing the nuisance.’

Finnemore J
[1949 ] 1 KB 716
Public Health Act 1875
England and Wales
Cited by:
CitedRegina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
CitedBarkas v North Yorkshire County Council CA 23-Oct-2012
The court was asked: ‘When local inhabitants indulge in lawful sports and pastimes on a recreation ground which has been provided for that purpose by a local authority in the exercise of its statutory powers, do they do so ‘by right’ or ‘as of . .
CitedBarkas, Regina (on The Application of ) v North Yorkshire County Council and Another SC 6-Mar-2014
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Land, Local Government

Updated: 17 November 2021; Ref: scu.187797

Regina v Camden London Borough Council Ex Parte Cran and Others: QBD 25 Jan 1995

A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required in a particular case must depend on the circumstances. A few general principles can however, be stated.
‘The process of consultation must be effective; looked at as a whole, it must be fair. This requires that: consultation must take place while the proposals are still at a formative stage; those consulted must be provided with information which is accurate and sufficient to enable them to make a meaningful response; they must be given adequate time in which to do so; there must be adequate time for their responses to be considered; the consulting party must consider responses with a receptive mind and a conscientious manner when reaching its decision.’

McCullough J
Times 25-Jan-1995, Ind Summary 20-Mar-1995, (1996) 94 LGR 8
European Convention on Human Rights 9
Citing:
CitedRegina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .

Cited by:
CitedRegina (on the Application of Wainwright) v Richmond Upon Thames London Borough Council CA 20-Dec-2001
A local authority was under a statutory duty to consult before undertaking road improvements. Because of the chaotic mail administration systems, the consultation had been ruled unlawful. The council appealed.
Held: The council had in fact . .
CitedPartingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .
CitedX, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .

Lists of cited by and citing cases may be incomplete.

Road Traffic, Local Government

Updated: 17 November 2021; Ref: scu.86281

Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013

Judgment on the claimant’s application for permission to apply for judicial review as to whether the defendant local authority is duty bound by virtue of the terms of section 117 of the Mental Health Act 1983, to provide the claimant, in his particular circumstances, with accommodation free-of-charge.

Mostyn J
[2013] EWHC 1637 (Admin)
Bailii
Mental Health Act 1983 117

Health, Local Government

Updated: 14 November 2021; Ref: scu.510803

Capital and Counties Plc and Another v Hampshire County Council; Etc: CA 20 Mar 1997

Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler system, but on arrival a fire brigade officer gave instructions for the sprinkler system to be shut down. This led to the fire rapidly spreading out of control and the premises were destroyed. If the sprinkler system had been left on and the fire brigade had otherwise acted as it did to combat the fire, the premises would not have been destroyed. On another, the fire brigade was called to the scene of some fires on waste land near to the claimants’ industrial premises in London. When the fire brigade arrived the fires had already been extinguished. After checking that there was no evidence of any continuing danger the fire brigade left. Later a fire broke out at the claimants’ premises. In the last case, the fire brigade was called to a fire at a chapel in Yorkshire. The water hydrants near the premises either failed to work or the officers were unable for a long time to locate them, and so water had to be fetched from a dam half a mile away. It should have been possible to contain the fire, but as a result of the water shortage the whole building was destroyed.
Held: The court upheld the claim against Hampshire, but dismissed the other two.
Under the 1947 Act, the fire authorities had a stautory duty to secure the services for their area of a fire brigade and equipment, such as necessary to meet efficiently all normal requirements, and to take all reasonable measures to ensure that an adequate supply of water was available for use in case of fire.
The fire brigade may be liable in negligence for consequences of a fire if their actions made a fire worse despite the general rule against such liability. ‘In our judgment the fire brigade are not under a common law duty to answer the call for help, and are not under a duty to take care to do so. If, therefore, they fail to turn up, or fail to turn up in time, because they have carelessly misunderstood the message, got lost on the way or run into a tree, they are not liable.’

Stuart Smith LJ
Times 20-Mar-1997, [1997] QB 1004, [1997] 3 WLR 342
Fire Services Act 1947
England and Wales
Citing:
Appeal fromCapital and Counties Plc and Another v Hampshire County Council QBD 26-Apr-1996
The Fire Brigade was negligent in turning off a sprinkler system in a burning building. . .
AppliedStovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
See AlsoChurch of Jesus Christ Latter-Day Saints v West Yorkshire Fire and Civil Defence and John Munroe (Acrylics) Ltd v London Fire and Civil Defence Authority and others and Digital Equipment Company Ltd v Hampshire County Council and Capital and Counties etc CA 17-Dec-1996
The court made orders for the orderly hearing of the cases which raised interdependent issues. . .
CitedGeddis v Proprietors of Bann Reservoir HL 18-Feb-1878
The owner of land injured by operations authorised by statute ‘suffers a private loss for the public benefit’, and in the absence of clear statutory authority is unable to claim: ‘It is now thoroughly well established that no action will lie for . .
CitedEast Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .

Cited by:
CitedMullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
CitedChief Constable of Northumbria v Costello CA 3-Dec-1998
A woman police officer was attacked by a prisoner in a cell. She sought damages for the failure of a senior officer nearby not to come to her aid, and from the chief constable under his vicarious liability.
Held: The chief constable’s appeal . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
CitedJane 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 . .
See AlsoChurch of Jesus Christ Latter-Day Saints v West Yorkshire Fire and Civil Defence and John Munroe (Acrylics) Ltd v London Fire and Civil Defence Authority and others and Digital Equipment Company Ltd v Hampshire County Council and Capital and Counties etc CA 17-Dec-1996
The court made orders for the orderly hearing of the cases which raised interdependent issues. . .
CitedOLL Ltd v Secretary of State for Transport QBD 22-Jul-1997
Coastguard Not liable in Negligence
Eight children with a teacher and two instructors set off on a canoeing trip but did not return. They got into difficulties at sea. Two became separated from the rest. The canoes capsized and sank. Some tried to swim ashore. Two more members became . .
CitedKent v Doctor Griffiths, Doctor Roberts, The London Ambulance Service QBD 16-Jul-1999
The claimant suffered a respiratory arrest after an emergency ambulance called by the first defendant, did not arrive for 40 minutes.
Held: the ambulance service was negligenct and liable. The acceptance of the doctor’s request for an . .
Not followedBurnett v Grampian Fire and Rescue Service SCS 9-Jan-2007
SCS At this debate on a preliminary plea the court was asked to decide if Grampian Fire and Rescue Service owed a duty of reasonable care to Mr Burnett when fighting a fire which caused to his property. Mr . .
CitedMichael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .

Lists of cited by and citing cases may be incomplete.

Negligence, Local Government

Leading Case

Updated: 14 November 2021; Ref: scu.78881

Greenock Corporation: HL 1 Aug 1921

This Order was promoted to confer further powers on the Corporation in relation to their water undertaking, to increase the burgh general assessment and the public health general assessment, and for other purposes.
The clauses relating to the water undertaking were opposed, but ultimately agreement was reached.

Lord Donington, Lord Tweeddale, Mr F. C. Thomson, M.P. (Chairman), and Major A. C. Farquharson, M.P
[1921] UKHL 664 – 1, 58 SLR 664 – 1
Bailii
Scotland

Local Government, Utilities

Updated: 12 November 2021; Ref: scu.632641

Oban Burgh: HL 26 Jul 1921

The Burgh of Oban promoted this Order for the repeal of section 61 of the Oban Burgh Act of 1881 in respect of payments made to the County Council of Argyll and the Lorn District Committee of the Council for increase of the public health and police burgh general assessments and for other purposes. Until 1843 the roads and streets in the burgh of Oban were vested in and maintained by the County Council. In 1843 the charge and management of the roads and streets in the burgh were transferred to the burgh, though the assessments continued to be made by the County Council, two-thirds of the proceeds of the assessments on property within the burgh being passed over to the burgh for road purposes. This arrangement was continued by the Argyllshire Roads Act 1864. In 1881 the Burgh of Oban Act vested the roads and streets in the burgh in the Burgh, and transferred the power of assessment for road purposes on property within the burgh to the Police Commissioners of the Burgh, but provided that the burgh should pay to the county an annual sum which, failing agreement, was to be adjusted by the Sheriff. The promoters sought to be freed from this annual payment.

Lord Tweeddale, Mr F. C. Thomson, M.P. (Chairman), and Mr Alexander Darling, LL.D
[1921] UKHL 665, 58 SLR 665
Bailii
Scotland

Local Government

Updated: 12 November 2021; Ref: scu.632640

Magistrates of Leith v Leith Dock Commissioners: HL 25 Jul 1899

The Public Health (Scotland) Act 1867, by section 95, authorises the local authority to impose assessments for the expenses incurred by them ‘in executing this Act.’
The Magistrates of Edinburgh introduced into Parliament a bill, the purpose of which, inter alia, was to have the burgh of Leith amalgamated with and made part of the city of Edinburgh. The Magistrates and Council of Leith successfully opposed the amalgamation. Held ( aff. the judgment of the Second Division) that they were not entitled to charge the expenses incurred by them in opposing the amalgamation upon the assessment levied by them as Local Authority under the Public Health Act- Attorney-General v. Mayor of Brecon, L.R., 10 C.D. 204, approved and distinguished.

Lord Chancellor (Halsbury), Lord Shand, and Lord Davey
[1899] UKHL 956, 36 SLR 956
Bailii
England and Wales

Local Government

Updated: 12 November 2021; Ref: scu.631837

The Friends of Hethel Ltd, Regina (on the application of) v Ecotricity: Admn 12 Nov 2009

Planning Committee arrangements were lawful

The claimants objected to the grant of planning permission for three wind turbines, saying that the council’s constitution was unlawful, in that the powers delegate to area planning committees required a two thirds majority for their exercise, where the Act required only a majority.
Held: The arrangement was not unconstitutional. If the area committee failed to reach an agreement within the scope allowed, the matter reverted to the planning committee.

Cranston J
[2009] EWHC 2856 (Admin)
Bailii
Local Government Act 1972 99
England and Wales

Planning, Local Government

Updated: 12 November 2021; Ref: scu.377899

Midcounties Co-Operative Ltd, Regina (on The Application of) v Forest of Dean District Council Trilogy and Another: Admn 6 May 2015

The claimant challenged by way of judicial review a decision of the respondent to grant a planning permission. The Council said that it had insufficient funds to defend tha application.
Held: Review was granted and the decision quashed.
Singh J outlined the minimum considerations for a public authority feeling unable to defend its decision due to financial constraints. It should, at a minimum, make sure that full disclosure has been given, file a witness statement; file an acknowledgement of service, with summary or even outline grounds for resist the request, and it must ensure that some representative is present at all hearings whether legally qualified or not.

Singh J
[2015] EWHC 1251 (Admin), [2015] PTSR D32
Bailii
England and Wales

Planning, Litigation Practice, Local Government

Updated: 11 November 2021; Ref: scu.546410

Mayor of Bradford v Pickles: HL 29 Jul 1895

The plaintiffs sought an injunction to prevent the defendant interfering with the supply of water to the city. He would have done so entirely by actions on his own land.
Held: The plaintiffs could have no property in the water until it came on their land and they collected it, and ‘if the owner of the adjoining land is in a situation in which an act of his, lawfully done on his own land, may divert the water which would otherwise go into the possession of this trading company, I see no reason why he should not insist on their purchasing his interest from which this trading company desires to make profit.’
The exercise of a legal right is not an unlawful abuse of that right merely by reason of a predominant improper or ulterior purpose.

Lord Halsbury LC
[1895] AC 587, [1895] UKHL 1
Bailii
England and Wales
Cited by:
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
CitedLand 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 . .
CitedRhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
CitedCamdex International Ltd v Bank of Zambia and Another CA 3-Apr-1996
Appeal by the Defendant from a judgment on an application for summary judgment under RSC Order 14 by the Plaintiffs, Camdex International Ltd judgment was entered for the Plaintiffs in the sum of Kuwaiti Dinars 20,595,557.429. The Plaintiffs pleaded . .
CitedPendragon Plc and Others v Revenue and Customs FTTTx 31-Jul-2009
FTTTx VAT- financing involving sale of business – Abuse? No financing transaction as going concern which gave margin treatment – Appeal allowed . .
CitedJSC BTA Bank v Ablyazov and Others ComC 10-May-2011
Second judgment concerning the Claimant’s application to dismiss the Defendants’ application to stay the Claimant’s actions on the grounds of abuse of process. The court was now asked whether it is arguable that the actions should be stayed on the . .
CitedCrawford 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 . .
CitedDransfield v The Information Commissioner CA 14-May-2015
Appeals raised the question of the scope of the power of a public authority to reject a request under the 2000 Act and, in addition, under the 2004 Regulations on the grounds that the request was ‘vexatious’ and ‘manifestly unreasonable’.
CitedChild Soldiers International v The Secretary of State for Defence Admn 24-Jul-2015
The claimant challenged the lawfulness of the 2007 Regulations insofar as they restricted the rights of young recruits to leave the Armed Forces, saying that they were incompatible with the Directive.
Held: The UK had implemented a derogation . .
CitedTurnbull v Goodwyn School and Others UTLC 15-Feb-2016
UTLC RATING – Valuation – Private Independent Primary Schools – Method of Valuation – whether Rentals Basis or Contractor’s Method – Appeal dismissed . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Local Government, Torts – Other, Nuisance

Leading Case

Updated: 11 November 2021; Ref: scu.190027

Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993

Local Council may not Sue in Defamation

Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which supported the decision to lay down the specific rule that a local authority could not sue for libel. The same disability does not apply to the authority’s individual members: ‘The authorities cited above clearly establish that a trading corporation is entitled to sue in respect of defamatory matters which can be seen as having a tendency to damage it in the way of its business. Examples are those that go to credit such as might deter banks from lending to it, or to the conditions experienced by its employees, which might impede the recruitment of the best qualified workers, or make people reluctant to deal with it. The South Hetton Coal Co case [1894] 1 QB 133 would appear to be an instance of the latter kind, and not, as suggested by Browne J, an authority for the view that a trading corporation can sue for something that does not affect it adversely in the way of its business. The trade union cases are understandable upon the view that defamatory matter may adversely affect the union’s ability to keep its members or attract new ones or to maintain a convincing attitude towards employers. Likewise in the case of a charitable organisation the effect may be to discourage subscribers or otherwise impair its ability to carry on its charitable objects. Similar considerations can no doubt be advanced in connection with the position of a local authority. Defamatory statements might make it more difficult to borrow or to attract suitable staff and thus affect adversely the efficient carrying out of its functions.’
As to article 10: ‘As regards the words ‘necessary in a democratic society’ in connection with the restrictions on the right to freedom of expression which may properly be prescribed by law, the jurisprudence of the European Court of Human Rights has established that ‘necessary’ requires the existence of a pressing social need, and that the restrictions should be no more than is proportionate to the legitimate aim pursued.’ (Lord Keith of Kinkel)

Lord Keith of Kinkel, Lord Griffiths, Lord Goff of Chieveley, Lord Browne-Wilkinson, Lord Woolf
Gazette 07-Apr-1993, [1993] AC 534, [1993] UKHL 18, [1992] UKHL 6, [1992] QB 770, [1992] 3 WLR 28, [1993] 1 All ER 1011
Bailii, Bailii
European Convention on Human Rights 10
England and Wales
Citing:
Appeal fromDerbyshire County Council v Times Newspapers Ltd and Others CA 19-Apr-1992
In two issues of ‘The Sunday Times’ newspaper on 17 and 24 September 1989 there appeared articles concerning share deals involving the superannuation fund of the Derbyshire County Council. The articles in the issue of 17 September were headed . .
ApprovedAttorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
At First InstanceDerbyshire County Council v Times Newspapers Ltd and Others QBD 1991
The defendant published articles suggesting links between the Council and certain businessmen. The Council sued in defamation. The defendant argued that a local authority should not be able to sue for defamation.
Held: Applying South Hetton, . .
CitedSouth Hetton Coal Company Ltd v North Eastern News Association Limited CA 1894
The plaintiff company sued for defamation in respect of an article which alleged that it neglected its workforce. The defendants contended that no action for libel would lie on the part of a company unless actual pecuniary damage was proved.
CitedNational Union of General and Municipal Workers v Gillian 1946
A non-trading corporation (a trade union) which had been assimilated to a trading corporation sought damages for defamation. . .
CitedThe Metropolitan Saloon Omnibus Company v Hawkins CEC 2-Dec-1858
The plaintiff, a company incorporated under the Joint Stock Companies Act 1856 sued in respect of a libel imputing to it insolvency, mismanagement and dishonest carrying on of its affairs.
Held: The action was maintainable. Pollock CB said: . .
CitedManchester Corporation v Williams QBD 1891
The defendant wrote to a newspaper alleging that ‘in the case of two if not three departments of our Manchester city council, bribery and corruption have existed and done their nefarious work.’
Held: The claim disclosed no cause of action. A . .
CitedHector v Attorney General of Antigua PC 1990
Lord Bridge of Harwich said that: ‘In a free democratic society it is almost too obvious to need stating that those who hold office in government and who are responsible for public administration must always be open to criticism. Any attempt to . .

Cited by:
CitedRegina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
CitedWainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
CitedDirector 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 . .
CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
CitedJameel and Another v Wall Street Journal Europe Sprl (No 2) CA 3-Feb-2005
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege.
Held: ‘It is an established . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedJameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .
CitedLivingstone v The Adjudication Panel for England Admn 19-Oct-2006
The claimant challenged a finding that as Mayor of London offensive remarks he had made to a journalist as he was pursued leaving a private party had brought his office into disrepute.
Held: The appeal succeeded. Though the remarks may have . .
CitedCallaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
CitedMetropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others QBD 16-Jul-2009
The claimant complained that the defendant had published on its internet forums comments by posters which were defamatory of it, and which were then made available by the second defendant search engine. The court was asked what responsibility a . .
CitedMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
CitedPrebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
CitedThornton v Telegraph Media Group Ltd QBD 16-Jun-2010
The claimant said that a review of her book was defamatory and a malicious falsehood. The defendant now sought summary judgment or a ruling as to the meaning of the words complained of.
Held: The application for summary judgment succeeded. The . .
CitedKelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
CitedGoldsmith and Another v Bhoyrul and Others QBD 20-Jun-1997
A political party is not to have the power to sue in defamation proceedings. Such a power would operate against public policy in that it would restrict democratic debate.
Buckley J said that the principle that a local authority may not sue in . .
CitedTilbrook v Parr QBD 13-Jul-2012
The claimant, chair of a political party, the English Democrats, said that a blog written and published on the Internet by the defendant was defamatory and contained malicious falsehoods. The blog was said to associate the claimant’s party with . .
CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
CitedTimes Newspapers Ltd and Others v Flood and Others SC 11-Apr-2017
Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech.
Held: Each of the three appeals was dismissed. . .

Lists of cited by and citing cases may be incomplete.

Defamation, Local Government, Human Rights

Leading Case

Updated: 11 November 2021; Ref: scu.79925

Essex County Council v Williams: CA 15 Nov 2011

The court was asked as to when the obligation falling on a local authority to maintain a statement of special educational needs came to an end, and in particular whether it might survive beyond 19. The claimant, aged 22, had Down’s Syndrome.
Held: The Statement lapsed withoutmore when the subject ceased to be a child, that is on attaining 19, though an authority had a residual discretion to continue support until the end of the academic year in which the birthday fell.

Maurice Kay VP, Moses LJJ, Baron J
[2011] EWCA Civ 1315, [2011] FLR 1427
Bailii, WLRD
Education Act 1996 312(5)
England and Wales
Citing:
Appeal fromAW v Essex County Council UTAA 8-Mar-2010
Tribunal procedure and practice (including UT) – tribunal jurisdiction . .

Lists of cited by and citing cases may be incomplete.

Local Government, Education

Updated: 11 November 2021; Ref: scu.448321

Snelling and Another v Burstow Parish Council: ChD 24 Jan 2013

The parties disputed the application and interpretation of ancient statues relating to allotments. The land had been appropriated to allotments under the 1945 Act. The Council had argued that it had a power of sale under the 1908 Act subject to consent under the 1925 Act.
Held: The Council was correct in seeking the consent of the Secretary of State under section 8 of the 1925 Act, because the power of sale it sought to exercise to dispose of the Allotments was the power conferred by section 32 of the SHandA Act 1908 and not the power under section 27 of the Commons Act 1876.
Section 27 may not be entirely redundant- the Council did not rule out that there may be other kinds of allotments which were not, for whatever reason, swept up by section 33(4) of the SHandA Act 1908 and where section 27 still has some residual effect. But as regards the Hunter’s Moon Allotments, those did fall within section 33(4) of the SHandA Act 1908 and so were covered exclusively by the power of sale under section 32 of that Act, subject to the obtaining of the consent of the Secretary of State under section 8 of the Allotments Act 1925.

Vivien Rose
[2013] EWHC 46 (Ch)
Bailii
Inclosure and Improvement of Commons Act 1845 31, Commons Act 1876 27, Local Government Act 1894 5(2) 6, Small Holdings and Allotments Act 1908 32, Allotments Act 1925 8, Local Government Act 1972 126
England and Wales
Citing:
CitedO’Byrne v Secretary of State for Environment, Transport and Regions and Another CA 17-Apr-2001
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority . .

Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 11 November 2021; Ref: scu.470559

Aylesbury Vale District Council, Regina (on The Application of) v Call A Cab Ltd: Admn 12 Nov 2013

The council appealed against dismissal of its prosecution of the respondent, alleging the operation of a private hire vehicle without having a current licence, ‘in a controlled district’. The respondent had denied that the necessary resolution had been effectively passed creating the ‘controlled district’ as required. The defendant had produced records from the parish council to the effect that they had not been served with the necessary notices. The Council argued that the statutory provisions read as a whole showed that the notice requirement was no more than a notification requirement. It did not incept a process of consultation, nor was it there obviously to give rise to a right of objection.
Held: ‘The District Judge was entitled, upon analysis of the minutes of the Parish Council which he had received, to infer that their record-keeping minuting, including minuting of correspondence was sufficiently detailed and thorough that the receipt of a notice would have been minuted.’ However, the statutory provisions read as a whole showed that the notice requirement was no more than a notification requirement. It did not incept a process of consultation, nor was it there obviously to give rise to a right of objection.
The District judge, having made his rulings, had not considered adequately whether the compliance was effective and substantial. The case was remitted accordingly.

Treacy LJ, Ouseley J
[2013] EWHC 3765 (Admin), [2013] WLR(D) 482
Bailii
Local Government Miscellaneous Provisions Act 1976 46, Town Police Clauses Act 1847
England and Wales
Citing:
CitedRegina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
CitedBoddington 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 . .
CitedRegina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .

Lists of cited by and citing cases may be incomplete.

Licensing, Local Government, Road Traffic

Updated: 11 November 2021; Ref: scu.519011

National Secular Society and Another, Regina (on The Application of) v Bideford Town Council: Admn 10 Feb 2012

The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: ‘S111 is the statutory expression of the powers implied by common law for corporations. Even if an act could fall into a category outside s111 but for which no statutory authority was required at all, saying prayers would not be one of them: it can be controversial, the importance attached by the Council to saying prayers as part of the meeting means that it cannot be treated as a trivial matter.’
and ‘There is a contradiction at the heart of the Council’s position. It has made the prayers part of the formal business of the Council, yet it says that Councillors, summoned to its meetings, are not obliged to be present for this incident to the transaction of business nor to participate in it. I do not think that what falls within the scope of s111, as an incident to the transaction of the business of the meeting, can then be regarded as such that attendance for it is unnecessary or optional, in distinction from all other business.’
and ‘I do not think that the 1972 Act, dealing with the organisation, management and decision-making of local Councils, should be interpreted as permitting the religious views of one group of Councillors, however sincere or large in number, to exclude or, even to a modest extent, to impose burdens on or even to mark out those who do not share their views and do not wish to participate in their expression of them. They are all equally elected Councillors.’
Ouseley J said: ‘The issue is solely about whether prayers can be said as a part of the formal business transacted by the Council at a meeting to which all Councillors are summoned. It is quite wrong for the Defendant to suggest that the Claimants would be introducing a bar on acts of worship before the meeting, thus hindering the exercise by Councillors who wished to pray of their right to do so.’

Ouseley J
[2012] EWHC 175 (Admin)
Bailii
Equality Act 2006, European Convention on Human Rights 9, Local Government Act 1972 111
England and Wales
Citing:
CitedRegina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
CitedHazell 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 . .
CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
CitedEweida v British Airways Plc CA 12-Feb-2010
The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly . .
CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
CitedMcFarlane v Relate Avon Ltd CA 29-Apr-2010
The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but . .
CitedBuscarini And Others v San Marino ECHR 18-Feb-1999
(Grand Chamber) Elected MPs complained that they were not allowed to take their seats unless they swore an oath in religious form.
Held: This requirement was not compatible with article 9. ‘That freedom [Article 9 freedom of thought] entails, . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedLautsi v Italy ECHR 18-Mar-2011
(Grand Chamber) The applicants complained that the presence in all state schoolrooms of a crucifix on the wall infringed the principle of secularism. The routine presence in state school classrooms of a crucifix, which was not used for worship, . .
CitedLadele v London Borough of Islington CA 15-Dec-2009
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs.
Held: The council’s decision had clearly disadvantaged the claimant, and the question . .

Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights, Ecclesiastical

Updated: 11 November 2021; Ref: scu.451362

Barber v London Borough of Croydon: CA 11 Feb 2010

The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council had failed to take account of his disability.
Held: The applicable national guidance required the council to take account of such disabilities in their application of anti-social behaviour provisions, and the 1995 Act also applied. The council had failed to acknowledge that the behaviour for which the claimant was to be dispossessed was clearly associated with his disability. The Council had not followed its own policies of seeking alternative solutions. Having established a gateway (b) defence, the claim for possession failed.

Rix, Richards, Patten LJJ
[2010] EWCA Civ 51
Bailii, Times
Disability Discrimination Act 1995 49A, Housing Act 1996 188
England and Wales
Citing:
CitedKay 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 . .
CitedCentral Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
CitedDoran 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 . .
CitedDoherty 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 . .
CitedLondon Borough of Lewisham v Malcolm HL 25-Jun-2008
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .

Cited by:
CitedLegal Services Commission v Henthorn QBD 4-Feb-2011
lsc_henthornQBD11
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the . .

Lists of cited by and citing cases may be incomplete.

Housing, Discrimination, Local Government

Updated: 11 November 2021; Ref: scu.396706

Nzolameso v City of Westminster: SC 2 Apr 2015

The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had failed to take proper account of her and of her children’s needs.
Held: The appeal succeeded. The decision that their duty to secure that accommodation was made available to her had come to an end must be quashed: ‘the authority cannot show that their offer of the property in Bletchley was sufficient to discharge their legal obligations towards the appellant under the 1996 Act. Moreover, their notification to the appellant that their duty towards her had come to an end was purportedly given in circumstances where she did not know, and had no means of knowing, what, if any, consideration had been given to providing accommodation in or nearer to the borough, apart from the general standard paragraph in the letter offering her the Bletchley accommodation the previous day.’

Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Hughes, Lord Toulson
[2015] UKSC 22, [2015] WLR(D) 165, [2015] PTSR 549, [2015] 2 WLR 813, [2015] 2 All ER 942, (2015) 18 CCL Rep 201, [2015] BLGR 215, [2015] HLR 22, UKSC 2014/0275
Bailii, WLRD, Bailii Summary, SC, SC Summary
Housing Act 1996
England and Wales
Citing:
CitedRegina v Newham London Borough Council, ex parte Sacupima and others CA 1-Dec-2000
Where a local authority had to decide whether temporary housing was suitable for a family who had applied under the homelessness provisions, the location of the short-term housing was relevant. In this case, a London authority, placing a family in . .
Appeal fromNzolameso v City of Westminster CA 22-Oct-2014
The authority accepted that it owed a duty to house the appellant, and that she was unable to afford the rents payable on housing within the district after reductions in housing benefits. She was offered but refused, housing im Milton Keynes. . .
CitedRegina v Sacupima and Others, Ex Parte Newham London Borough Council QBD 26-Nov-1999
A local authority decide to provide temporary accommodation for homeless applicants outside its area in assorted seaside towns, pending a final decision on their cases. This general policy was unlawful, since the authority had failed to consider . .
CitedYumsak v London Borough of Enfield Admn 2002
The court will not readily interfere with the approach of a housing authority to the question of suitability, although in an appropriate case it plainly will. . .
CitedCalgin, 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 . .
CitedRuiz Zambrano (European Citizenship) ECJ 8-Mar-2011
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the . .
CitedCastle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
CitedHuzrat v London Borough of Hounslow CA 21-Nov-2013
The applicant sought housing as a homeless person.
Held: Moses LJ said: ‘The statutory questions are clear; was the action or omission in question deliberate? The answer to that question cannot differ [according to] whether the local authority . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
CitedHH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
CitedStevens v Secretary of State for Communities and Local Government and Another Admn 10-Apr-2013
The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European . .
CitedCollins v Secretary of State for Communities and Local Government and Another CA 9-Oct-2013
The claimant, seeking permission to use land as a gypsy and travellers’ camp site, appealed against rejection of his request for the quashing of the inspector’s report approving an enforcement notice. . .
CitedHines v London Borough of Lambeth CA 20-May-2014
The child applicant sought housing assistance.
Held: The child’s welfare had obviously to be taken into account, but it could not be the paramount consideration as this would be inconsistent with the statutory language. . .
CitedRoyal Mail Group Plc v The Consumer Council for Postal Services CA 7-Mar-2007
The Royal Mail appealed a grant of judicial review of the decision of the Post regulator not to penalise the company for its failure to meet its service conditions as regards enforcement of credit terms for bulk mail customers.
Held: The . .
CitedRegina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
CitedCalgin, 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 . .
CitedRegina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .

Cited by:
CitedPoshteh v Royal Borough of Kensington and Chelsea SC 10-May-2017
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Leading Case

Updated: 11 November 2021; Ref: scu.545697

Regina (B) v Merton London Borough Council: Admn 14 Jul 2003

The authority had to decide the age of the applicant, an asylum seeker, in order to decide whether a duty was owed to him under the Act. He complained that the procedure adopted was unfair. The 2002 Act did not apply to persons under 18, and he would be entitled to assistance from the respondent. The assessment was made by a social worker through an interpreter over a telephone, but no record was kept.
Held: There was no statutory procedure. Without documentation, no objective procedure existed, and the respondent must rely upon its own assessment. It was difficult but not complex, and should not be made complex. It had to make its own decision, and could not simply adopt the decision of the Home Office. The procedure adopted here risked misunderstanding, and notes would have been relevant and useful. The applicant had not been given opportunity to answer points found against him, and the decision was unfair and must be set aside.
The court set out guidelines for the making of such assessments.

Stanley Burnton J
[2003] EWHC 1689 (Admin), Times 18-Jul-2003, [2003] 4 All ER 280
Bailii
Children Act 1989 17, Nationality, Immigration and Asylum Act 2002 18(1)(a)
England and Wales
Cited by:
CitedI and Another, Regina (on the Application Of) v Secretary of State for the Home Department Admn 27-May-2005
The applicants had sought asylum. The respondent wished to detain them. They said that they were under the age of 18, which would require them to be released. The respondent obtained expert reports from a senior consultant paediatrician experienced . .
CitedRegina (A) v Liverpool City Council QBD 26-Jun-2007
The applicant sought judicial review of the authority’s decision that he was over the age of eighteen.
Held: Review was granted. The authority had to have regard to all the relevant information, and could not limit itself to adopting the . .
CitedFriends of Basildon Golf Course v Basildon District Council and Another Admn 23-Jan-2009
The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedAA, Regina (on The Application of) v Secretary of State for The Home Department SC 10-Jul-2013
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government, Benefits

Leading Case

Updated: 11 November 2021; Ref: scu.184712

Heald and Others v London Borough of Brent: CA 20 Aug 2009

The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was not democratically accountable.
Held: Reviews could be contracted out. The court could ‘not see that a third party should necessarily be any less impartial than an employee. Whether he can be regarded as less independent may depend on the particular facts, and in particular the terms of the contract between the authority and the third party. ‘

Stanley Burnton, Tuckey, Sedley LJJ
Times 12-Oct-2009, [2009] EWCA Civ 930, [2009] HRLR 34, [2009] LGR 937, [2010] HLR 8, [2010] PTSR 572, [2009] BLGR 937, [2010] 1 WLR 990
Bailii
Housing Act 1996 202, Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 2, Deregulation and Contracting Out Act 1994 70, Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 3
England and Wales
Citing:
CitedStarrs v Ruxton HCJ 11-Nov-1999
The court was asked ‘whether the Lord Advocate has acted in a way which was incompatible with the rights of the accused under art 6(1) of the Convention to fair trial by ‘an independent and impartial tribunal’ within the meaning of that article.’ . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedFeld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
CitedHazell 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 . .
CitedZumtobel v Austria ECHR 21-Sep-1993
The Zumtobel partnership objected to the compulsory purchase of their farming land to build the L52 by-pass road in the Austrian Vorarlberg. The appropriate Government committee heard their objections but confirmed the order. They appealed to an . .
CitedLondon Borough of Newham v Adan CA 14-Dec-2001
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority . .
CitedISKCON v United Kingdom ECHR 8-Mar-1994
(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
CitedIn Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
CitedKingsley v The United Kingdom ECHR 7-Nov-2000
The judicial review procedure which restricted the matters which it considered so as to exclude consideration of the allegation by the applicant that the tribunal whose decision he challenged had not been impartial, was insufficient to support the . .
CitedStefan v United Kingdom ECHR 1998
. .
CitedX v United Kingdom ECHR 19-Jan-1998
The complainant said that the system under which he had been declared unfit to be involved in the management of an insurance company was unfair. . .

Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 11 November 2021; Ref: scu.373190

Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others: Admn 5 Nov 2008

The applicant council complained that the respondent council was issuing a disproportionately high number of taxi licences, believing that it should only refuse a licence where the driver appeared to be unfit.
Held: The purpose of the licensing system was to ensure safety. Where taxi fleets operated substantially outside their licensing authority, the supervision necessary to ensure safety was weakened. The defendant had argued that the Acts did not give them power to refuse licences in this way, but that argument arose from a misunderstanding. The nature of the licensing system was local in character, with public safety in mind, and the local authority should therefore take into account the location where the taxi was to operate, and on this basis there was no need for the discretion which the respondent said it needed, but in any event it did have that discretion. In determining whether to grant a licence under the said section 37 a licensing authority may require an applicant to submit information pursuant to section 57 Local Government (Miscellaneous Provisions) Act 1976 in order to ascertain the intended usage of the vehicle.

Christopher Symons QC J
[2008] EWHC 2369 (Admin)
Bailii
Transport Act 1985, Government (Miscellaneous Provisions) Act 1976 46(1)(e), Town Police Clauses Act 1847 37
England and Wales
Citing:
CitedBrentwood Borough Council v Gladen Admn 28-Oct-2004
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire . .
CitedBritain v ABC Cabs (Camberley) Ltd QBD 1981
A hackney carriage had been booked, in the district where it was licensed, to pick up a fare in another district. The prosecutor said that when and where the fare was picked up the hackney carriage had no relevant private hire licence and no . .
CitedKingston Upon Hull City Council v Wilson QBD 29-Jun-1995
The grant to an individual of a hackney licence in one local authority, does not stop the grant of a similar licence elsewhere. Though the court applied the ABC case, Buxton J rejected an argument that a vehicle was not a private hire vehicle for . .
CitedHawkins v Edwards 1901
. .
CitedYates v Gates 1970
. .
CitedBenson v Boyce Admn 20-Jan-1997
‘Looking at the other subsections of section 46, the first applies to a proprietor of a vehicle who uses or permits it to be used in a controlled district as a private hire vehicle without having a licence for it as such under section 48. The phrase . .

Lists of cited by and citing cases may be incomplete.

Licensing, Transport, Local Government

Updated: 11 November 2021; Ref: scu.277550

Looe Fuels Ltd., Regina (on the Application of) v Looe Harbour Commissioners: Admn 27 Apr 2007

The claimants sought judicial review of a decision of the defendant harbour masters themselves to install and sell from the harbour all fule for use by boats using it, saying that they had no power to operate such an enterprise.
Held: Whilst the sale of fuel would assist the town, it was not part of the main business of the commissioners and was ultra vires.

Stanley Burnton J
[2007] EWHC 1141 (Admin)
Bailii
Commissioners Clauses Act 1847, Lands Clauses Consolidation Act 1845, Harbours, Docks and Piers Clauses Act 1847, Looe Harbour Act 1948, Fisheries Harbour Act 1861
England and Wales
Citing:
CitedAttorney General and Another v Great Eastern Railway Company HL 27-May-1880
An Act of Parliament authorised a company to construct a railway. Two other companies combined and contracted with the first to supply rolling stock. An injunction was brought to try to restrain this, saying that such a contract was not explicitly . .
CitedHazell 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 . .
CitedTrustees of the Harbour of Dundee v D and J Nicol HL 10-Dec-1914
The pursuers challenged an initiative by the defenders which allegedly harmed their local steamer excursion business. The House was asked whether steamers acquired by a statutory body of harbour trustees who maintained a service of steamers for . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 11 November 2021; Ref: scu.253292

Regina v Manchester City Council, ex parte Stennett etc: HL 25 Jul 2002

The applicants were former mental patients who had been admitted to hospital compulsorily under section 3. On their release they were to be given support under section 117. The authorities sought to charge for these services, and appealed a decision that the services should be free.
Held: Section 117 imposed a clear and free standing duty to provide support. The section was not a mere request to the authority to provide services under other provisions. Such patients might have greater needs and also have imposed on them restrictions. It was not inappropriate that support should be free.

Lord Slynn of Hadley Lord Mackay of Clashfern Lord Steyn Lord Hutton Lord Millett
Times 29-Aug-2002, Gazette 17-Oct-2002, [2002] UKHL 34, [2002] BLGR 557, (2002) 5 CCL Rep 500, [2002] 4 All ER 124, [2002] 3 WLR 584, (2002) 68 BMLR 247, [2002] 2 AC 1127
House of Lords, Bailii
Mental Health Act 1983 3 117
England and Wales
Citing:
Appeal FromRegina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc Admn 15-Oct-1999
. .

Cited by:
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedStojak, Regina (on The Application of) v Sheffield City Council Admn 22-Dec-2009
The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that . .

Lists of cited by and citing cases may be incomplete.

Health, Benefits, Local Government

Leading Case

Updated: 10 November 2021; Ref: scu.174394

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 infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied destitute asylum seekers were excluded from benefit, and they had to rely upon the respondent. The House considered the value of the Explanatory notes now published with Acts: ‘Insofar as the Explanatory Notes cast light on the objective setting or contextual scene of the statute, and the mischief at which it is aimed, such materials are therefore always admissible aids to construction. They may be admitted for what logical value they have.’ Lord Steyn: ‘The starting point is that language in all legal texts conveys meaning according to the circumstances in which it was used. It follows that the context must always be identified and considered before the process of construction or during it. It is therefore wrong to say that the court may only resort to evidence of the contextual scene when an ambiguity has arisen.’

Steyn, Slynn, Hoffmann, Millett and Rodger LL
Times 18-Oct-2002, [2002] UKHL 38, [2002] 1 WLR 2956, [2002] 4 All ER 654, [2002] HLR 58, (2002) 5 CCL Rep 511, [2003] BLGR 23
House of Lords, Bailii
National Assistance Act 1948 21, Immigration and Asylum Appeals Act 1999 95 116
England and Wales
Citing:
CitedPrenn v Simmonds HL 1971
Backgroun Used to Construe Commercial Contract
Commercial contracts are to be construed in the light of all the background information which could reasonably have been expected to have been available to the parties in order to ascertain what would objectively have been understood to be their . .
CitedReardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedRiver Wear Commissioners v Adamson HL 1877
It was not necessary for there to be an ambiguity in a statutory provision for a court to be allowed to look at the surrounding circumstances.
As to the Golden Rule of interpretation: ‘It is to be borne in mind that the office of the judge is . .
CitedRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
CitedRobinson v Secretary of State for Northern Ireland and Others HL 25-Jul-2002
The Northern Ireland Parliament had elected its first minister and deputy more than six weeks after the election, but the Act required the election to be within that time. It was argued that as a creature of statute, the Parliament could not act . .
CitedRegina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
CitedRegina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha CA 7-Sep-2000
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority.
Held: The . .
CitedWahid 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 . .
Appeal fromWestminster City Council v National Asylum Support Service CA 10-Apr-2001
. .
At first instanceWestminster City Council v National Asylum Support Service Admn 27-Feb-2001
. .

Cited by:
CitedRegina (on the Application of Mani) v London Borough of Lambeth CA 9-Jul-2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was . .
CitedRegina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest CA 23-Oct-2003
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation?
Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was . .
CitedRegina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department CA 4-May-2004
The court considered the duties of local authorities to support infirm asylum seekers with children.
Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support . .
AppliedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedAttorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
CitedRegina v Montila and Others HL 25-Nov-2004
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
CitedIn re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
CitedPhillips v Rafiq and Motor Insurers Bureau (MIB) CA 13-Feb-2007
The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first . .
CitedKing v The Serious Fraud Office CACD 18-Mar-2008
Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge.
Held: Such orders did not apply to the applicant’s assets in Scotland. The orders . .
CitedM, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
CitedPersimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another TCC 10-Oct-2008
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement . .
CitedMucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. . .
CitedRollins, Regina v SC 28-Jul-2010
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act.
Held: The . .
CitedOceanbulk Shipping and Trading Sa v TMT Asia Ltd and Others SC 27-Oct-2010
The court was asked whether facts which (a) are communicated between the parties in the course of without prejudice negotiations and (b) would, but for the without prejudice rule, be admissible as part of the factual matrix or surrounding . .
CitedHorton v Henry CA 7-Oct-2016
No obligation on bankrupt to draw on pension fund
The trustee in bankruptcy appealed against a decision dismissing his application for an income payments order pursuant to section 310 of the 1986 Act in respect of income which might become payable to the respondent from his personal pension . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health, Immigration, Benefits, Human Rights

Leading Case

Updated: 10 November 2021; Ref: scu.177452

Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014

The court was asked whether capital derived from a personal injury settlement which is managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when deciding whether the injured person can be required to contribute to the cost of care services which he or she receives.
Held: It was to be disregarded.

Leggatt J
[2014] EWHC 1918 (Admin), [2014] WLR(D) 255
Bailii, WLRD
National Health Services and Community Care Act 1990 47, National Assistance (Assessment of Resources) Regulations 1992 21

Personal Injury, Benefits, Local Government

Updated: 10 November 2021; Ref: scu.526516

South Wales Sea Fisheries Committee v National Assembly for Wales: Admn 21 Dec 2001

The committee sought a review of the 2001 Order made under the 1966 Act to revise the contributions to be made by participating members of the committee to the costs of its administration. They contended that the only power over its costs was to order for the employment of fishery officers. By fixing the amounts payable it removed from the Committee its discretion as to how much to collect.
Held: There was no power to impose an obligation on the member councils to pay a contribution, and that was one basis of the order, which had therefore been made under a mistake of law. The court’s discretion should be exercised to overrule the order.

The Honourable Mr Justice Richards
[2001] EWHC Admin 1162
Bailii
South Wales Sea Fisheries (Variation) Order 2001, Sea Fisheries Regulation Act 1966, Local Government Reorganisation (Wales) (Committees for Sea Fisheries Districts) (Amendment) Order 1996, South Wales Sea Fisheries (Levies) Regulations 2001
Wales
Citing:
CitedRegina v Mayor of Plymouth 1896
Legislation was the only power that constituent councils had of controlling the expenditure of a fisheries committee, but any restrictions and conditions as to expenditure in connection with the appointment of a fishery officers had to be imposed . .
CitedRegina v North Riding of Yorkshire County Council 1989
The constituent councils, not having exercised the power to impose restrictions and conditions in advance, could not decline responsibility for items of expenditure necessarily incurred by the committee. Restrictions or conditions had to be imposed . .

Lists of cited by and citing cases may be incomplete.

Administrative, Agriculture, Local Government, Wales

Updated: 10 November 2021; Ref: scu.168017

National Aids Trust v National Health Service Commissioning Board (NHS England): Admn 2 Aug 2016

NHS to make drug available

The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities.
Held: The claim succeeded. NHS England had misdirected itself in law when it concluded that it had no power to commission PrEP: ‘when the NHSA 2006 is considered both as a whole but also by reference to its specific provisions it has the following broad characteristics and purposes; First, it imposes broad duties and powers on NHS England to secure the provision of health services to the entirety of the population and nation wide; second, the duty includes all aspects of preventative medicine; third it exercises its powers and duties concurrently with other providers of services which includes the Secretary of State, CCGs and local authorities; fourth these services are to be provided comprehensively and in an integrated manner; fifth, the service is to be provided efficiently and so as to avoid inequalities of provision or outcome.’

Green J
[2016] EWHC 2005 (Admin), CO/2979/2016
Bailii, Judiciary
National Health Service Act 2006, National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, Local Authorities (Public Health Functions etc.) Regulations 2013
England and Wales
Citing:
CitedAndrews, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs CA 1-Jul-2015
The claimant appealed against rejection of his request for judicial review of the decision by the respondent not to amend the definitive map to show two sections of public bridleway across an arable field.
Lord Dyson MR considered the purposive . .
CitedUBS Ag and Another v Revenue and Customs SC 9-Mar-2016
UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps . .
CitedHarvey, Regina v SC 16-Dec-2015
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been . .
CitedSolar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change Admn 7-Nov-2014
The court considered the admissibility of pre-legislative material as evidence to support the interpretation of a statute. . .
MentionedSolar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change CA 1-Mar-2016
This judicial review appeal concerns the legality of decisions by the respondent, the Secretary of State for Energy and Climate Change (‘the SoS’), to bring to a premature close, subject to certain periods of grace, a statutory scheme supporting the . .
CitedAttorney-General v Mersey Railway Co HL 1906
The power to make by-laws encompasses not only a company’s principle activity, but also all incidental and ancillary activities. The incidental power cannot be used to expand the company’s activities, in this case by extending its business by . .
CitedHazell 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 . .
CitedAndrews, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs CA 1-Jul-2015
The claimant appealed against rejection of his request for judicial review of the decision by the respondent not to amend the definitive map to show two sections of public bridleway across an arable field.
Lord Dyson MR considered the purposive . .

Lists of cited by and citing cases may be incomplete.

Health, Local Government, News

Updated: 10 November 2021; Ref: scu.567876

Alam v London Borough of Tower Hamlets: Admn 23 Jan 2009

The claimant sought to challenge the defendant’s housing allocation policy. He said that as a homeless person he should have been given a reasonable preference for housing. The authority said he was not in priority need, and that the temporary accomodation provided in a guest house meant that he was no longer homeless.
Held: The claimant had not ceased to be homeless. The court rejected the authority’s submission that the assessment of homelessness was only part of an overall assessment of need. The statutory scheme required the authority once he had been found to be homeless, to give him priority. The assessments made by the authority arose only if it decided that he was not homeless.

Timothy Brennan QC
[2009] EWHC 44 (Admin)
Bailii
Housing Act 1996 167(1)
England and Wales
Citing:
CitedLin, (Regina on the Application of) v London Borough of Barnet CA 22-Feb-2007
The claimant challenged the authority’s housing policy which sought to implement national guidelines awarding points to housing applicants and allocating housing accordingly. He said it did not give adequate protection to the homeless.
Held: . .
CitedRaissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .

Cited by:
CitedBirmingham 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 . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 10 November 2021; Ref: scu.280137

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 recovery of possession interfered with their right respect for their family life.
Held: Article 8 could not be invoked by an occupier of a residential property in support of his case against his landlord’s claim for possession, because domestic law had already taken into account, and balanced, the public interest in a public authority landlord obtaining possession and the tenant’s right to respect for his home.
The House considered apparent conflicts between its own jurisprudence in Qazi, and that of the European Court of Human Rights.
Leeds CC sought possession of land occupied by gypsies without plannng permission, and the occupiers said that their right to family life had been infringed. The council said its right to possession was absolute. The authority’s right to reclaim the land was absolute in accordance with domestic property law, save only that the occupier must be given opportunity to present any art 8 defence which it for the occupier to raise through court proceedings. The recreation ground had not become the appellants’ home within article 8.
Lord Bingham emphasised the importance and value of adhering to precedent in the interests of certainty and clarity. This meant that our domestic rules of precedent should apply, even in the Convention context.
In the second appeal, tenancies had been purported to be granted when the purported landlord was merely a licensee and did not have a sufficient legal interest to create a legal estate: ‘the courts below should have held the premises in question to be the homes of the respective appellants and should have held their eviction or proposed eviction to be an interference with their exercise of their right to respect for their homes within the meaning of article 8(2). Their defences should not have been struck out save on the basis that nothing sufficient was pleaded to support them. ‘
Lord Hope of Craighead: ‘a defence which does not challenge the law under which the possession order is sought as being incompatible with the article 8 but is based only on the occupier’s personal circumstances should be struck out.’ The reasoning in the Qazi case need not not be departed from to accommodate the European jurisprudence.

Lord Bingham of Cornhill, Lord Nicholls Of Birkenhead, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood
[2006] UKHL 10, Times 10-Mar-2006, [2006] 2 WLR 570, [2006] 2 AC 465
Bailii
Homelessness Act 2002, Race Relations Act 1976;, European Convention on Human Rights 8
England and Wales
Citing:
CitedLondon Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Appeal fromKay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust CA 20-Jul-2004
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the . .
CitedConnors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
CitedS v United Kingdom ECHR 1986
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed . .
CitedRegina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others HL 18-Jul-2002
Corts Martial System Complant with Human Rights
The applicants were each convicted by courts martial of offences under civil law. They claimed that the courts martial were not independent tribunals because of the position of the president of the court, and that it was wrong to try a serviceman by . .
CitedBlecic v Croatia ECHR 29-Jul-2004
The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six . .
Appeal fromPrice and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
CitedUre v United Kingdom ECHR 27-Nov-1996
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the . .
CitedO’Rourke v United Kingdom ECHR 26-Jun-2001
The applicant was a sex offender who on release from prison had found temporary accommodation from which he had been evicted for pestering female residents. He ignored advice to go to a night shelter whilst a decision on permanent re-housing was . .
CitedMarzari v Italy ECHR 1999
The applicant suffered from metabolic myopathy and was 100 per cent disabled. He was allocated an apartment which he considered inadequate. He ceased paying rent for it, demanding that certain works be carried out to make it suitable for him to live . .
CitedBuckley v The United Kingdom ECHR 25-Sep-1996
The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the . .
CitedRegina v Huntingdon District Council, Ex parte Cowan QBD 1984
The plaintiff sought judicial review of a refusal of a local authority to grant a liquor licence and a music and dancing licence. Review was sought despite a right of appeal to the Magistrates Court.
Held: If other means of redress are . .
CitedWandsworth 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 . .
CitedMcLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
CitedPoplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
CitedMabey v United Kingdom ECHR 1996
A claimant must show a sufficient and continuing link with a place in order to establish that it is his home for purposes of article 8. . .
CitedBoddington 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 . .
CitedSmart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson CA 25-Jan-2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights . .
CitedMichalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
CitedLondon Street Tramways v London County Council HL 25-Apr-1898
House Decisions binding on Itself
The House laid down principles for the doctrine of precedent. When faced with the hypothesis that a case might have been decided in ignorance of the existence of some relevant statutory provision or in reliance on some statutory provision which was . .
CitedPractice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .
CitedCassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
CitedMcPhail v Persons, Names Unknown CA 1973
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
CitedGillow v The United Kingdom ECHR 24-Nov-1986
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there.
Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not . .
CitedP v United Kingdom ECHR 12-Dec-1990
The applicants had been evicted, following the service of a notice to quit, from a caravan site where they had lived for many years. The respondent admitted that the eviction constituted an interference with the applicants’ right to respect for . .
CitedMellor v Watkins 1874
Allen held a yearly tenancy of premises subject to a yearly sub-tenancy of part. The sub-tenancy was afterwards acquired by the defendant. Allen surrendered his tenancy to the freeholder who re-let the premises to the plaintiff. Neither the tenancy . .
CitedPennell v Payne CA 1995
The operation of the break clause in a lease will (in the absence of provision to the contrary) have the effect of terminating not just the lease but also the underlease, and any inferior sub-tenancies. . .
CitedFitzleet Estates Ltd v Cherry HL 9-Nov-1977
Income tax – Schedule D, Cases III and VI – Payments of interest and ground rent incurred when property was being developed – Whether capitalised or paid out of profits or gains brought into charge to tax – Income Tax Act 1952 (15 and 16 Geo. 6 and . .
CitedJames Casey and others v Crawley Borough Council Admn 1-Mar-2006
The range of considerations which any public authority should take into account in deciding whether to invoke its powers can be very wide. . .
CitedDi Palma v United Kingdom ECHR 1-Dec-1986
(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedLarkos v Cyprus ECHR 18-Feb-1999
The applicant had rented a house from the government, but was ordered to vacate the house following revocation of his tenancy. Because he had been a tenant of the government he was not, under domestic law, entitled to the security which he would . .
CitedRegina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others QBD 3-Oct-1995
A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had . .
CitedUre v United Kingdom ECHR 27-Nov-1996
The applicant’s tenancy came to an end on expiry of a notice to quit given by his wife, formerly a joint tenant with him, and possession was ordered. The Commission held that his complaint under article 8 was manifestly ill-founded because the . .

Cited by:
CitedPirabakaran v Patel and Another CA 26-May-2006
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A . .
CitedPirabakaran v Patel and Another CA 26-May-2006
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A . .
CitedC Plc and W v P and Secretary of State for the Home Office and the Attorney General ChD 26-May-2006
cplc_pChD2006
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful . .
CitedDesnousse 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 . .
CitedBoyland and Son Ltd v Rand and Others CA 20-Dec-2006
The defendant squatters sought leave to appeal an order for immediate possession.
Held: (As citeable authority) MacPhail remained good law despite the passing of the 1980 Act, and an order for immediate possession was correct. . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
CitedC Plc v P and Attorney General Intervening CA 22-May-2007
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the . .
CitedBuckley v Dalziel QBD 3-May-2007
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs . .
CitedYL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
CitedSandwell Metropolitan Borough Council v Hensley CA 1-Nov-2007
The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright . .
CitedMurray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
CitedBoyland and Son Ltd v Rand CA 20-Dec-2006
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave.
Held: The law had not changed, and section 89 could not be used to . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another QBD 29-Oct-2008
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . .
CitedAli v Birmingham City Council CA 7-Nov-2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 29-Oct-2008
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
CitedKnowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
CitedTruro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
CitedMcGlynn v Welwyn Hatfield District Council CA 1-Apr-2009
The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds.
Held: There had been a delay between the issue of the notice to quit and the . .
See AlsoKay and others v Lambeth SCCO 2-Jan-2007
. .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
CitedCentral Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
CitedBarber v London Borough of Croydon CA 11-Feb-2010
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council . .
CitedJoseph v Nettleton Road Housing Co-Operative Ltd CA 16-Mar-2010
The respondent was a mutual housing co-operative, and the claimant its tenant. The tenant kept a dog in the premises without the consent of the other tenants in breach of the terms of the lease. A notice to quit was served on him. His tenancy was . .
CitedSalford City Council v Mullen CA 30-Mar-2010
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that . .
MentionedValentines 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 . .
CitedCoombes, 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 . .
CitedHall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
CitedRegina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis Admn 16-Jul-2010
The claimants had each had biometric samples taken during police investigations, and now sought judicial review of the decision of the respondent not to remove those details from the Police National Computer, saying that in accordance with the . .
CitedManchester 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 . .
CitedLondon Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
CitedYoung, Regina (on The Application of) v Governor of Her Majesty’s Prison Highdown and Another Admn 6-Apr-2011
The claimant complained that he had not been considered for early release on Home Detention Curfew because the policy refused to allow those convicted of knife crimes to be so considered, and: ‘the failure to include other offences in the list of . .
CitedHowarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
howarth_cmpQBD2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
CitedManchester 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 . . .
CitedRobinson, Regina (on The Application of) v HMP Whatton and Another Admn 4-Dec-2013
Two prisoners serving sentences of imprisonment for public protection sought judicial review of arrangements meaning that they had not been given a timely opportunity to demonstrate to the Parole Board that they are safe to be released. Their . .
CitedKaiyam, Regina (on The Application of) v The Secretary of State for Justice CA 9-Dec-2013
The court was asked as to claims arising from the continued detention of the appellants following the expiry of the ‘minimum terms’ or ‘tariff periods’ of their indeterminate terms of imprisonment. The appellant prisoners said that the respondent’s . .
CitedHaney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
CitedAkerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Housing, Local Government, Constitutional

Leading Case

Updated: 09 November 2021; Ref: scu.238921

Dillner, Regina (on The Application of) v Sheffield City Council: Admn 27 Apr 2016

The claimant challenged the policy of the respondent council to replace many established trees along streets in the City.
Held: Permission to apply for review was refused: ‘Some concern has been expressed by objectors to the scheme that, in some cases, a street has lost all of its trees. Some realism is required. Trees are not immortal, and they have a life-cycle. It cannot be surprising that trees of the same species and of similar ages on a street will reach the point at which they may require felling at about the same time.
The replacement trees were and will be extra heavy standards, of around 8 – 10 years in age, with a girth of 14 – 16 cm and 3 metres tall depending on species. Mr Caulfield [the council’s director of Development Services] explained that if they were smaller, they would be more likely to be damaged by weather or vandalism, and if any larger, they would struggle to thrive and root quickly. Although it was part of Mr Dillner’s case (and that of his witnesses) to complain that the replacement trees were not replacement of ‘like for like’ such a course is plainly unrealistic, and is not supported by the Claimant’s own expert witness Mr Crane who offers no criticism of the choice of trees used for replacement.’

Gilbart J
CO/613/2016, [2016] EWHC 945 (Admin), [2016] Env LR 31
Judiary, Bailii
Highways Act 1980, Local Government Act 1972 111(1)
England and Wales
Citing:
CitedRangeley v Midland Railway Company CA 1868
Where there is a highway, the surface of the land or other property is dedicated to public use.
Cairns LJ described a highway as: ‘a dedication to the public of the occupation of the surface of the land for the purpose of passing and . .
CitedDenaby and Cadeby Main Collieries v Anson 1911
A right of public navigation includes the necessary incidents of such passage including the right to drop an anchor. In principle it is possible to acquire title to part of the bed of a tidal river or to the foreshore through the occupation of a . .
CitedRegina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
CitedRFW Coppen and others (Trustees of the Thames Ditton Lawn Tennis Club) v Bruce-Smith CA 27-Mar-1998
Opposition too new tenancy – whether landlord had intention to redevelop . .
CitedHammerton, Regina (on the Application of) v London Underground Ltd Admn 8-Nov-2002
Planning permissions had been deemed to have been granted for the construction of the East London Line Extension to Dalston. It was proposed to demolish an historic goods yard with associated buildings to make way for the line. The claimant objected . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 09 November 2021; Ref: scu.562901

Veolia Es Nottinghamshire Ltd v Nottinghamshire County Council and Others: CA 29 Oct 2010

An elector sought disclosure under the 1988 Act concerning a contract with certain contractors. The authority refused saying that they were commercially sensitive, and the company said that doisclosure would affect its own human rights.
Held: The right to information under the 1988 Act was not so extensive as to override the claimant’s right to protection of its commercially sensitive documents. Valuable commercial information was protectable as a possession under the first protocol. The exercise in any such case is always fact driven and context sensitive.

Rix, Etherton, Jackson LJJ
[2010] EWCA Civ 1214, [2010] WLR (D) 273
Bailii, WLRD
Audit Commission Act 1998, European Convention on Human Rights 1, Freedom of Information Act 2000 50
England and Wales
Citing:
CitedRegina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
CitedRegina (HTV Ltd) v Bristol City Council QBD 14-May-2004
The claimant sought disclosure by the respondent of their accounts, intending to use the material in a television program.
Held: As ratepayers, they were entitled to the information. The respondent was not free to refuse it because it . .
Appeal fromHertfordshire County Council v Veolia Water Central Ltd QBD 19-Feb-2010
. .

Cited by:
CitedPhillips v Newsgroup Newspapers Ltd and Others ChD 17-Nov-2010
The claimant had been assistant to a well known publicist. The defendant had settled an action brought by her principal for hacking his mobile telephone, in the course of which it appeared that the claimant’s phone had also been hacked. She now . .

Lists of cited by and citing cases may be incomplete.

Information, Local Government, Human Rights

Updated: 09 November 2021; Ref: scu.425613

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to provide the assistance neceesary to access the commode. The claimant now appealed against the failure of her challenge to the withdrawal of that help. She asserted a breach of her article 8 rights.
Held: The appeal failed. The local authority are under a duty to make an assessment of needs under section 47(1)(a) of the 1990 Act and in doing so may take account of their resources. Assessed in the light of the guidance, the Council had in fact assessed the claimants needs as required. Nor could the particular decision be characterised as a policy which might be tested as discriminatory. Lady Hale would have allowed the appeal.

Lord Walker, Lady Hale, Lord Brown, Lord Kerr, Lord Dyson
[2011] UKSC 33, [2011] PTSR 1266, [2011] 4 All ER 881, (2011) 121 BMLR 164, (2011) 14 CCL Rep 341
Bailii, Bailii Summary, SC Summary, SC
Disability Discrimination Act 1995, European Convention on Human Rights 8, National Health Service and Community Care Act 1990 47, National Assistance Act 1948 29(1), Chronically Sick and Disabled Persons Act 1970 2(1)(a)
England and Wales
Citing:
At first instanceMcDonald, Regina (On the Application of) v London Borough Of Kensington and Chelsea Admn 5-Mar-2009
The claimant, a former ballerina, challenged the respondent’s decision limiting the care package provided to her in the form of overnight toileting assistance. She said that the change violated her Article 8 rights . .
CitedRegina 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 . .
CitedBotta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
CitedAnufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
CitedBernard, Regina (on the Application of) v London Borough of Enfield Admn 25-Oct-2002
The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. In breach of their duty under section 21(1)(a) of the 1948 Act, the respondent council failed for some 20 months to provide the . .
Appeal fromMcDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 13-Oct-2010
The claimant said that the wihdrawal of overnight support to her at home was unlawful.
Held: The claim failed. Her requirement was a need to urinate safely at night, which was satisfied by the new arrangement. . .

Cited by:
CitedKM, Regina (on The Application of) v Cambridgeshire County Council SC 31-May-2012
The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health, Human Rights

Updated: 09 November 2021; Ref: scu.441501

Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Consultation to be Early and Real Listening

The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of only ‘general’ rather than ‘specialist’ nursing services and that these should be purchased by the local authority rather than provided by the NHS. So the health authority decided to close the home and transfer their long-term care to the local authority.
The need for nursing care for a chronically sick person might be primarily a health or a social services need, and either a health authority or a social service authority might be responsible for the care provision, and if the local authority is responsible, then a charge might be made. However where the need of a patient was primarily for health care as such, it was wrong for the health authority to seek to transfer responsibility to the local authority.
The court set out three categories of legitimate expectation, including substantive entitlement, and procedural unfairness.
Lord Woolf MR said: ‘To be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken . . It has to be remembered that consultation is not litigation: the consulting authority is not required to publicise every submission it receives or (absent some statutory obligation) to disclose all its advice. Its obligation is to let those who have a potential interest in the subject matter know in clear terms what the proposal is and exactly why it is under positive consideration, telling them enough (which may be a good deal) to enable them to make an intelligent response. The obligation, although it may be quite onerous, goes no further than this.’
Lord Woolf discussed the doctrine of legitimate expectation, saying: ‘the doctrine of legitimate expectation has emerged as a distinct application of the doctrine of abuse of power’, and ‘Legitimate expectation may play different parts in different aspects of public law. The limits to its role have yet to be finally determined by the courts . . And without injury to the Wednesbury doctrine it may furnish a proper basis for the application of the now established concept of abuse of power . . Once it is recognised that conduct which is an abuse of power is contrary to law its existence must be for the court to determine.’ and ‘it is for the court to say whether the consequent frustration of the individual’s expectation is so unfair as to be a misuse of the authority’s power.’
and ‘Where the court considers that a lawful promise or practice has induced a legitimate expectation of a benefit which is substantive, not simply procedural, authority now establishes that . . the court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is established, the court will have the task of weighing the requirements of fairness against any overriding interest relied upon for the change of policy.’

Lord Woolf MR
Times 20-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1870, [1999] EWCA Civ 1871, [2001] 1 QB 213, [1999] Lloyds LR 305, (2000) 51 BMLR 1, (1999) 2 CCL Rep 285, [2000] 3 All ER 850, (2000) 2 LGLR 1, [1999] BLGR 703, [2000] 2 WLR 622, [1999] Lloyd’s Rep Med 306
Bailii, Bailii
National Health Service Act 1977
England and Wales
Citing:
Appeal fromRegina v North and East Devon Health Authority ex parte Coughlan Admn 11-Dec-1998
There had been no transfer to Social Service Authorities of the Health Services’ statutory duty to provide specialist nursing and related care to the elderly, and having made a promise to provide a home for life, the Health Authority would be held . .
CitedWestern Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
CitedRegina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .

Cited by:
CitedBloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
CitedSporting Options Plc, Regina (on the Application Of) v Horserace Betting Levy Board Admn 31-Jul-2003
The claimant sought judicial review of the rate of levy set by the respondent, saying that they operated a new kind of system which was treated unfairly.
Held: The procedure followed in settling the levy was unsatisfactory. The claimant would . .
CitedI-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party) Admn 21-Jul-2003
The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to . .
CitedWatts, Regina (on the Application of) v Bedford Primary Care Trust and others Admn 1-Oct-2003
The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced . .
CitedNorth West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
CitedRegina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
CitedRowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
CitedMullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
CitedCapenhurst and Others, Regina (on the Application Of) v Leicester City Council Admn 15-Sep-2004
The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair.
Held: Even if it was not bound to consult, if the authority . .
CitedRashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
CitedRegina v Secretary of State for the Home Department, Ex Parte Hindley HL 30-Mar-2000
The prisoner, sentenced to life imprisonment with a whole life tariff for the murders of children, now appealed against the imposition of the whole life tarriff.
Held: The appeal failed. It was possible for a Home Secretary to set a whole life . .
CitedRashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
CitedRegina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
CitedGrogan, Regina (on the Application of) v Bexley NHS Care Trust and others Admn 25-Jan-2006
The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care.
CitedRogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
CitedLindley, Regina (on the Application of) v Tameside Metropolitan Borough Council Admn 21-Sep-2006
The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed . .
CitedEisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
CitedEdwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
CitedGreen, Regina (on the Application of) v South West Strategic Health Authority Admn 28-Oct-2008
The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines.
Held: In . .
CitedOxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
CitedGrimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council Admn 12-Aug-2010
The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and . .
CitedLumba (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 . .
CitedLondon Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
CitedSave Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
CitedBancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 11-Jun-2013
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his . .
CitedBadger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
CitedBirks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
CitedMoseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
CitedA and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
CitedForge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
CitedGallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .

Lists of cited by and citing cases may be incomplete.

Health, Local Government, Administrative

Leading Case

Updated: 09 November 2021; Ref: scu.146786

Encon Insulation Ltd v Nottingham City Council: Admn 9 Jun 1999

When the rating authority discovered ratable premises, and issued claims going back in time the test was not whether they were unaware of them earlier, but whether they could have taken steps beforehand to discover the existence of the premises. A default by the council in taking the practicable steps available to them precluded any recovery. They had accordingly failed to establish a right to claim back rates.
David Pannick QC said: ‘I am therefore satisfied that the Magistrates failed to ask themselves the right question whether there were practicable steps which the billing authority could and should have taken at an earlier stage than November 1997 to locate the relevant premises. I am also satisfied that had the Magistrates asked themselves the right question, the only answer to which they could reasonably have come was to find that there had been a breach of paragraph 5(1)(a) of the regulations and so a liability order could not lawfully be made.
I should mention that the Magistrates noted that they did not need to decide whether the requirement imposed by Regulation 5(1) was mandatory. Counsel for the billing authority has not advanced any argument seeking to limit the consequences of there being a breach of Regulation 5(1). That does not surprise me. Regulation 5(1) contains a balance between the interests of the ratepayers and the practicalities of administration. Parliament must have intended that if the billing authority has not complied with the requirement it would be wrong in principle for the ratepayer to have an obligation thereafter to pay.’

David Pannick QC
Gazette 16-Jun-1999, [1999] EWHC Admin 530, [1999] RA 382
Bailii
Non-Domestic (Collection and Enforcement) (Local Lists) Regulations 1989
England and Wales
Cited by:
DistinguishedRegentford Ltd v Thanet District Council Admn 18-Feb-2004
The council sought to enforce payment of arrears of council tax. The company responded that proceedings had not been begun in time. The company contended that time ran from the day when the council set the precept. The regulations said that time ran . .
CitedJJB Sports Plc, Regina (On the Application of) v Telford and Wrekin Borough Council Admn 5-Nov-2008
The authority’s demand notice was served later than was practicable. The company now appealed against a liability order.
Held: The ratepayer’s appeal by way of Case Stated was dismissed. ‘demand notices must be served by the relevant authority . .
CitedNorth Somerset District Council v Honda Motor Europe Ltd and Others QBD 2-Jul-2010
Deleayed Rates Claims Service made them Defective
The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created . .

Lists of cited by and citing cases may be incomplete.

Rating, Local Government

Updated: 09 November 2021; Ref: scu.139794

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 to any private law cause of action. However a private law cause of action will arise if it can be shown, as a matter of construction of the statute, that the statutory duty was imposed for the protection of a limited class of the public and that Parliament intended to confer on members of that class a private right of action for breach of statutory duty. If the statute provides no other remedy for its breach and the Parliamentary intention to protect a limited class is shown, that indicates that there may be a private right of action since otherwise there is no method of securing the protection the statute was intended to confer. If the statute does provide some other means of enforcing the duty that will normally indicate that the statutory right was intended to be enforceable by those means and not by private right of action. However, the mere existence of some other statutory remedy is not necessarily decisive. If it comes to the attention of a headmaster that a pupil is under-performing, he does owe a duty to take such steps, as a reasonable teacher would consider appropriate to try to deal with such under-performance. The House referred to ‘the rule of public policy which has first claim on the loyalty of the law; that wrongs should be remedied’

Lord Browne-Wilkinson, Sir Thomas Bingham MR
Independent 30-Jun-1995, Times 30-Jun-1995, [1995] 2 AC 633, [1995] UKHL 9, [1995] 2 FLR 276, [1995] 3 All ER 353, [1995] 3 WLR 152, [1995] 3 FCR 337, (1995) 7 Admin LR 705, 94 LGR 313, [1995] Fam Law 537, [1995] 3 FCR 337
Bailii
England and Wales
Citing:
Appeal fromM and Another v Newham London Borough Council and Others; X (Minors) v Bedfordshire County Council CA 24-Feb-1994
A local authority was not liable in damages for breach of a statutory duty in Social Services. The policy which has first claim on the loyalty of the law is that wrongs should be remedied. The court would not go so far as to hold that the education . .

Cited by:
CitedA 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 . .
CitedO’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended . .
CitedLord Ashcroft v Attorney General and Department for International Development QBD 31-May-2002
The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. . .
CitedZiemniak v ETPM Deep Sea Ltd CA 7-May-2003
A seaman was injured taking part in a safety drill aboard ship. The defendant had been found not to be negligent, but the claimant alleged breach of statutory duty under the Regulations.
Held: Groves v Wimborne clearly established that . .
AppliedLiennard v Slough Borough Council QBD 15-Mar-2002
The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy. . .
ApprovedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedCullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
CitedDarker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
CitedJD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
CitedBarrett v London Borough of Enfield CA 25-Mar-1997
A Local Authority is only vicariously liable for the negligence of a social worker to a child in care. . .
CitedChagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
CitedCommissioners of Customs and Excise v Barclays Bank Plc ComC 3-Feb-2004
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside . .
CitedA and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
CitedBinod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
CitedAB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
CitedA v Ministry of Defence and another QBD 16-Apr-2003
The claimant’s father a member of the armed forces had been posted to Germany, and his wife, A’s mother had gone with him. A had been born in Germany, but suffered injury at birth through the negligence of the doctor’s appointed by the defendant . .
CitedQuark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs Admn 22-Jul-2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy . .
CitedDavid Lannigan v Glasgow City Council OHCS 12-Aug-2004
The pursuer said the teachers employed by the defendant had failed to identify that was dyslexic, leading him to suffer damage. The defenders said the claim was time barred, which the pursuer admitted, but then said that the claim ought to go ahead . .
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
CitedPhelps v Hillingdon London Borough Council QBD 10-Oct-1997
An educational psychologist has a professional duty of care to a child when asked to assess for that child for dyslexia, even though the report may be for the local authority. . .
DistinguishedPhelps v Mayor and Burgesses London Borough of Hillingdon CA 4-Nov-1998
The plaintiff claimed damages for the negligent failure of an educational psychologist employed by a local authority to identify that the plaintiff was dyslexic.
Held: An educational psychologist has no duty of care to a child, as opposed to . .
CitedTaylor 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 . .
CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedJD 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 . .
CitedDS 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). . .
CitedRegina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
CitedMeadow v General Medical Council Admn 17-Feb-2006
The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder.
Held: The evidence though mistaken was . .
CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
CitedHolland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
CitedGeneral Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
CitedNeil Martin Ltd v Revenue and Customs Commissioners 28-Sep-2006
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses.
Held: The revenue owed no common law duty of care to the claimant and nor were damages . .
CitedSomerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
CitedJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
Appeal fromZ And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
CitedPierce v Doncaster Metropolitan Borough Council QBD 13-Dec-2007
The claimant sought damages, saying that the local authority had failed to protect him when he was a child against abuse by his parents.
Held: The claimant had been known to the authority since he was a young child, and they owed him a duty of . .
CitedHilda Amoo-Gottfried v Legal Aid Board (No 1 Regional Committee) CA 1-Dec-2000
The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for . .
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedWelton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another QBD 29-Oct-2008
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 29-Oct-2008
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
CitedTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
CitedMitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
CitedFarraj and Another v King’s Healthcare NHS Trust (KCH) and Another CA 13-Nov-2009
The claimant parents each carried a gene making any child they bore liable to suffer a serious condition. On a pregnancy the mother’s blood was sent for testing to the defendants who sent it on to the second defendants. The condition was missed, . .
CitedConnor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
CitedPoulton v Ministry of Justice CA 22-Apr-2010
The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee . .
CitedA E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc QBD 2000
The claimants alleged that they had suffered loss as a result of the defendants’ breach of regulation 25(1) of the 1988 Regulations. . .
CitedMorrison Sports Ltd and Others v Scottish Power SC 28-Jul-2010
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced . .
CitedTodd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’) CA 2002
Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches the matter. Once the appellant has shown a real prospect (justifying permission . .
CitedJones v Kaney SC 30-Mar-2011
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action.
Held: The . .
CitedSamuels v Coole and Haddock (a Firm) CA 22-May-1997
The defendant solicitors had acted for defendants in an action brought by the plaintiff. They swore and filed an affidavit in support of an application to strike out elements of the action. The affidavit spoke as to abusive and threatening calls and . .
CitedOlutu v Home Office CA 29-Nov-1996
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim.
Held: Her action failed. The availablility . .
CitedCampbell v Gordon SC 6-Jul-2016
The employee was injured at work, but in a way excluded from the employers insurance cover. He now sought to make the sole company director liable, hoping in term to take action against the director’s insurance brokers for negligence, the director . .

Lists of cited by and citing cases may be incomplete.

Local Government, Negligence, Education

Leading Case

Updated: 09 November 2021; Ref: scu.84521

Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Statutory Duty Not Extended by Common Law

The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include one which went beyond the original common law duty to maintain the surface of the road. The statutory duty to maintain the road did not create additional duties in negligence. Lord Scott said: ‘[A]n overriding imperative is that those who drive on public highways do so in a manner and at a speed that is safe having regard to such matters as the nature of the road, the weather conditions and the traffic conditions. Drivers are first and foremost themselves responsible for their own safety.’
Lord Steyn said: ‘the courts must not contribute to the creation of a society bent on litigation, which is premised on the illusion that for every misfortune there is a remedy’
Lord Hoffmann said: ‘Speaking for myself, I find it difficult to imagine a case in which a common law duty can be founded simply upon the failure (however irrational) to provide some benefit which a public authority has power (or a public law duty) to provide.’

Steyn, Hoffmann, Scott, Rodger LL
[2004] UKHL 15, Times 02-Apr-2004, [2004] 1 WLR 1057, [2004] RTR 27, [2004] 2 All ER 326
HL, Bailii
Highways Act 1980
England and Wales
Citing:
CitedX (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 . .
CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
CitedStovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
CitedRowling v Takaro Properties Ltd PC 30-Nov-1987
(New Zealand) The minister had been called upon to consent to the issue of shares to a foreign investor. The plaintiff said that the minister’s negligent refusal of consent had led to the collapse of the project and financial losses.
Held: On . .
Appeal fromGorringe v Calderdale Metropolitan Borough Council CA 2-May-2002
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority’s negligence in failing to mark the road properly. A ‘Slow’ sign had become faded and had not been maintained.
Held: The judge had . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedTomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers.
Held: The council’s appeal . .
CitedBurnside and Another v Emerson and Others CA 1968
The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of . .
CitedGoodes 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 . .
CitedHaydon v Kent County Council CA 1978
Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully . .
CitedGoldman v Hargrave PC 13-Jun-1966
(Australia) In Western Australia, a red gum tree was struck by lightning and set on fire. The appellant had the tree cut down, but took no reasonable steps by spraying the fire with water to prevent the fire from spreading, believing that it would . .
CitedLavis v Kent County Council QBD 18-Feb-1992
The plaintiff had received serious injuries whilst riding his motor cycle at a road junction for which the defendants were responsible. He alleged that they were liable to him for failing to ensure that proper warning signs were placed at the . .
CitedLarner v Solihull Metropolitan Borough Council CA 20-Dec-2000
The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not . .
CitedO’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended . .
CitedCapital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .
CitedGeddis v Proprietors of Bann Reservoir HL 18-Feb-1878
The owner of land injured by operations authorised by statute ‘suffers a private loss for the public benefit’, and in the absence of clear statutory authority is unable to claim: ‘It is now thoroughly well established that no action will lie for . .
CitedCommissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 11-Feb-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
CitedSkilton v Epsom and Ewell Urban District Council CA 1937
A line of traffic studs had been placed in the centre of the highway. One of them had become loose. As a car passed over the loose stud it shot out and struck the plaintiff on her bicycle. She fell off and was injured. She sued the highway . .
CitedSedleigh-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 . .
CitedEast Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .
CitedDorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
CitedLeta Almeda v Her Majesty’s Attorney General for Gibraltar PC 24-Nov-2003
PC (Gibraltar) . .
CitedAnns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .
CitedSutherland Shire Council v Heyman 4-Jul-1985
(High Court of Australia) The court considered a possible extension of the law of negligence.
Brennan J said: ‘the law should develop novel categories of negligence incrementally and by analogy with established categories. ‘
Dean J said: . .
CitedMurray v Nicholls 1983
A car was driven without stopping out of a side street colliding with another car. One driver was killed and his passengers were injured. They sued the driver’s widow and Strathclyde Regional Council as roads authority. It was averred that, some . .

Cited by:
CitedFiona Thompson v Hampshire County Council CA 27-Jul-2004
The claimant fell into a ditch by a path on the highway in the dark. She appealed a finding of no liability on the highway authority.
Held: The authority’s responsibility was as to the surface structures of the road way and not as to the . .
CitedJane 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 . .
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedCorr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
CitedDepartment for Transport, Environment and the Regions v Mott Macdonald Ltd and others CA 27-Jul-2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty . .
CitedNeil Martin Ltd v Revenue and Customs Commissioners 28-Sep-2006
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses.
Held: The revenue owed no common law duty of care to the claimant and nor were damages . .
CitedRowley and others v Secretary of State for Department of Work and Pensions CA 19-Jun-2007
The claimants sought damages for alleged negligence of the defendant in the administration of the Child Support system.
Held: The defendant in administering the statutory system owed no direct duty of care to those affected: ‘a common law duty . .
CitedShine v Tower Hamlets CA 9-Jun-2006
The claimant a nine year old boy had attempted to leap frog a bollard. He was badly injured when it fell. The authority had identified that it was insecure some months earlier. The authority appealed a finding of negligence and breach of statutory . .
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedMitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
CitedConnor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
CitedPoulton v Ministry of Justice CA 22-Apr-2010
The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee . .
CitedAli v The City of Bradford Metropolitan District Council CA 17-Nov-2010
The claimant appealed against rejection of her claim for damages after slipping on a footpath maintainable by the defendant after an accumulation of mud and debris. The claim appeared to be the first under section 130, and the highway authority . .
CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
CitedMichael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
CitedDodson v Environment Agency QBD 28-Feb-2013
The claimant asserted that the steps taken by the defendant to encourage wildlife in the estuary had led to otters predating his fish farm stocks, and that the claimant had not been informed of this, in particular as to the construction of otter . .
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.

Local Government, Road Traffic

Leading Case

Updated: 09 November 2021; Ref: scu.195054

MBC v AM and Others (DOL Orders for Children Under 16): FD 8 Sep 2021

Child Care in Unregistered Accomodation

‘four cases which give rise to the same question of law in the context of the coming into force on 9 September 2021 of the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, which statutory instrument amends the Care Planning, Placement and Case Review (England) Regulations 2010. The effect of those amendments is, in short, to prohibit the placement of a looked after child under the age of 16 in unregulated accommodation. Within this context, the question of law before the court is whether it remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme. For the reasons set out in this judgment I am satisfied that the answer to that question is yes, subject always to the rigorous application of the President’s Guidance of November 2019 entitled Placements in unregistered children’s homes in England or unregistered care home services in Wales and the addendum thereto dated December 2020.’

Mr Justice MacDonald
[2021] EWHC 2472 (Fam)
Bailii
Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, Care Planning, Placement and Case Review (England) Regulations 2010
England and Wales

Children, Local Government

Updated: 09 November 2021; Ref: scu.667759

Blake and Others v London Borough of Waltham Forest: Admn 7 Apr 2014

Application for judicial review of a decision by the Council terminating Christian Kitchen’s licence to operate a ‘soup kitchen’ at the Mission Grove car park, London E17.
Held: The request for judicial review was granted. The council’s position that there was no evidence to suggest the relocation would affect users’ ability to access the kitchen ‘fails to accord with reality of common sense’. The Council had failed properly to comply with the PSED (Public Sector Equality Duty) requirements: ‘The requirement imposed by the PSED is that the decision-maker should be clear precisely what the equality implications are when he puts them in the balance, and that these equality implications should be given due consideration side by side with all the other pressing circumstances relevant to the decision. There must be a structured attempt to focus on the measure’s effects, including undertaking any due enquiry where that is necessary. Here, while very high numbers of people are not directly affected by the impugned decision, there is nevertheless an identifiable group of particularly vulnerable people, many (or most) of whom depend on the soup kitchen for their only hot meal each day, and who are therefore, potentially gravely affected by it. This group was correctly identified by the Council as potentially directly affected by the revocation decision, and the Council (again correctly) assumed that its decision would have a disproportionately adverse effect on this group which includes elderly, disabled and other vulnerable people. Although the Council did not provide the soup kitchen service itself, and was under no duty to support or facilitate it, the fact is that for more than 20 years, it did facilitate this service by allowing it to use Mission Grove without a fee.
What the Council failed to do however, having recognised and identified a potentially affected vulnerable group, is follow its own guidance requiring that ‘negative impacts must be fully and frankly identified so the decision-maker can fully consider their impact’ so that the impact assessment is ‘evidence based and accurate’. It failed to identify in clear and unambiguous terms, the most likely adverse impact this vulnerable group might face as a consequence of the decision proposed; and failed to engage with mitigating measures to address that impact, by failing to engage with the very real prospect that the soup kitchen would close altogether because Christian Kitchen would not move to the alternative site offered if forced to leave Mission Grove. Rather than examining and assessing this impact, the Council instead, examined and assessed a hoped for and much less serious impact.’

Simler DBE J
[2014] EWHC 1027 (Admin)
Bailii
Equality Act 2010 149
England and Wales

Local Government

Updated: 09 November 2021; Ref: scu.523497

Dunlop v The Council of The Municipality of Woollahra: PC 28 Feb 1981

(New South Wales) The landowner made and allegation of damage caused to him by the passing planning resolutions, which were in fact invalid, restricting the height of his proposed building.
Held: A local body when exercising a public function such as those relating to town planning can be liable for misfeasance. Lord Diplock described the tort of misfeasance in public office as ‘well established’
His pleading alleged that the council: ‘was a public corporate body which occupied office and was incorporated by a public statute . . and the [council] abused its said office and public duty under the said statute by purporting to pass each of the said resolutions with the consequence that damage was occasioned to [Dr Dunlop].’ As to which Lord Dunlop replied: ‘In pleading in paragraph 15A of the statement of claim that the council abused their public office and public duty the plaintiff was relying upon the well-established tort of misfeasance by a public officer in the discharge of his public duties … their Lordships agree with [the trial judge’s] conclusion that, in the absence of malice, passing without knowledge of its invalidity a resolution which is devoid of any legal effect is not conduct that of itself is capable of amounting to such ‘misfeasance’ as is a necessary element in this tort.’

[1981] UKPC 10, [1982] AC 158, [1981] 1 All ER 1202
Bailii
Australia
Cited by:
CitedElliott v Chief Constable of Wiltshire and Others ChD 20-Nov-1996
Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Local Government

Updated: 09 November 2021; Ref: scu.443949

Coughlan, Regina (on The Application of) v The Minister for The Cabinet Office: Admn 20 Mar 2019

Voter Identification Pilot Scheme within Act

The Minister had brought in a pilot testing scheme for local elections. It would require intending voters to provide evidence of identity. The claimant said that the scheme did not fall within the range of what was allowed under the 2003 Act.
Held: The claim failed. The phrase ‘how voting at elections is to take place’ in section 10(2)(a) of the 2000 Act, were quite broad enough on their natural meaning to include the element of the procedure to require demonstration of an entitlement to vote, including by proving identity, as part of a voting process.

Supperstone J
[2019] EWHC 641 (Admin), [2019] WLR(D) 173
Bailii, WLRD
Representation of the People Act 2000 10(2)(a)
England and Wales

Local Government, Elections

Updated: 02 November 2021; Ref: scu.635160

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 clearly applied because of the Council’s control: ‘the focus must be on the nature of the arrangements between the two entities as constituted by the contractual and other documentation, and these have not changed (c.f. Parking Brixen). It is the presence, or absence, of salient features in these arrangements which will determine whether or not a procurement exercise should have been implemented . .’

Jay J
[2013] EWHC 3972 (QB)
Bailii
Housing Act 1996 202
England and Wales
Citing:
CitedTeckal 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 . .
CitedParking Brixen v Gemeinde Brixen ECJ 13-Oct-2005
The award, by a public authority to a service provider, of the management of a public pay car park, in consideration for which that provider is remunerated by sums paid by third parties for the use of that car park, is a public service concession to . .
CitedCarbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA ECJ 11-May-2006
ECJ Opinion – Directive 93/36/EEC – Public supply contracts – Award of contract without a call for tenders – Award of the contract to an undertaking in which the contracting authority has a shareholding. . .
CitedBrent 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.

Housing, Local Government

Updated: 02 November 2021; Ref: scu.518998

G, Regina (on the Application of) v London Borough Of Southwark: HL 20 May 2009

The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority instead to arrange for him to be accommodated by the local housing authority under the homelessness provisions of Part VII of the Housing Act 1996.
Held: The child’s appeal succeeded. It was already established that if the section 20 duty has arisen and the children’s authority have provided accommodation for the child, and they cannot ‘side-step’ the issue by claiming to have acted under some other power. The authority must act under the 1989 Act. The authority’s argument was circular.

Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury
[2009] UKHL 26, [2009] NPC 73, [2009] 1 WLR 1299, [2009] Fam Law 668, [2009] 3 All ER 189, [2009] BLGR 673, [2009] 2 FCR 459, [2009] 2 FLR 380, Times 04-Jun-2009
Bailii
Children Act 1989 20, Housing Act 1996
England and Wales
Citing:
CitedSouthwark, London Borough of v D CA 7-Mar-2007
The social worker arranged for D, unable to live with her father because he was violent towards her, to live with his fomer partner. The court was asked whether the local authority had simply facilitated a private fostering arrangement, in which . .
Appeal fromG, Regina (on the Application of) v London Borough of Southwark CA 29-Jul-2008
. .
CitedM, Regina (on the Application of) v London Borough of Hammersmith and Fulham HL 27-Feb-2008
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards . .
CitedL, Regina (on the Application of) v Nottinghamshire County Council Admn 26-Sep-2007
A social worker arranged for L, a seriously troubled young person who had been evicted from her mother’s home, to live for a few days in an hotel.
Held: As she had previously been looked after by the local authority for some time, this would . .
CitedS, Regina (on the Application of) v London Borough of Sutton CA 26-Jul-2007
The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women . .
CitedH and others v London Borough of Wandsworth and others Admn 23-Apr-2007
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued . .
CitedRegina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
CitedLiverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another CA 10-Feb-2009
The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was . .
CitedA, Regina (on the Application of) v Coventry City Council Admn 22-Jan-2009
. .
CitedS, Regina (on the Application of) v London Borough of Sutton Admn 18-May-2007
Application for assistance in providing accomodation to allow early release from prison. . .

Cited by:
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .

Lists of cited by and citing cases may be incomplete.

Children, Housing, Local Government

Updated: 02 November 2021; Ref: scu.346222

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. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed the use of services without external tenders.
Held: The Authority’s appeal succeeded. The exemption did apply within the UK, and did apply to insurance contracts. The mutual company established by the local authorities working together satisfied the control requirement of Teckal. The Regulations had been intended to import the Directive, and the different wording used was not sufficient to an intention to impose a different regime. It was necessary only that an authority, or several authorities together, and without any private element of control, should exercise control.
Individual control is not necessary. No injury will be caused to the policy objective of the Directive if public authorities are allowed to participate in the collective procurement of goods and services, so long as no private interests are involved and they are acting solely in the public interest in the carrying out of their public service tasks. Asemfo shows that the decisive influence that a contracting public authority must exercise over the contractor may be present even if it is exercisable only in conjunction with the other public authorities.

Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lord Brown, Lord Dyson
[2011] UKSC 7, UKSC 2009/0166, [2011] 2 WLR 166, [2011] PTSR 481, [2011] 2 AC 34
Bailii, SC Summ, SC, Bailii Summary
Public Contracts Regulations 2006, Council Directive 2004/18/EC on the co-ordination of procedures for the award of public work contracts, public supply
contracts and public service contracts

England and Wales
Citing:
At First InstanceRisk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent Admn 22-Apr-2008
Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the . .
At First InstanceRisk Management Partners Ltd v The London Borough of Brent Admn 16-May-2008
Claim for damages – alleged breach of regulations by local council.
Held: Brent had acted in breach of the 2006 Regulations when it abandoned the tender process and awarded the insurance contracts to LAML. Issues of causation and damages were . .
Appeal fromBrent London Borough Council v Risk Management Partners Ltd CA 9-Jun-2009
Brent appealed from a finding that it had failed when redirecting a contract for insurance and had no power to become a member or participating member of London Authorities Mutual Limited or to make payments or to enter into commitments to make . .
CitedTeckal 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 . .
CitedAsociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa) ECJ 28-Sep-2006
ECJ Freedom Of Establishment – Reference for a preliminary ruling Admissibility Article 86(1) EC No independent effect Factors permitting material which enables the Court to give a useful answer to the questions . .
CitedAsociaciacion Nacional De Empresas Forestales ECJ 19-Apr-2007
ECJ (Freedom of Establishment) Reference for a preliminary ruling – Admissibility Article 86(1) EC – No independent effect – Factors permitting material which enables the Court to give a useful answer to the . .
CitedStadt Halle, RPL Recyclingpark Lochau GmbH v Arbeitsgemeinschaft Thermische Restabfall- und Energieverwertungsanlage TREA Leuna ECJ 11-Jan-2005
ECJ Directive 92/50/EEC – Public service contracts – Award with no public call for tenders – Award of the contract to a semi-public undertaking – Judicial protection – Directive 89/665/EEC
CitedParking Brixen v Gemeinde Brixen ECJ 13-Oct-2005
The award, by a public authority to a service provider, of the management of a public pay car park, in consideration for which that provider is remunerated by sums paid by third parties for the use of that car park, is a public service concession to . .
CitedOakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .
CitedCarbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA ECJ 11-May-2006
ECJ Opinion – Directive 93/36/EEC – Public supply contracts – Award of contract without a call for tenders – Award of the contract to an undertaking in which the contracting authority has a shareholding. . .
CitedSEA Srl v Comune di Ponte Nossa,third party: Servizi Tecnologici Comuni SeT Co SpA (Law Relating To Undertakings) ECJ 10-Sep-2009
ECJ Public procurement – Award procedures – Contract relating to a service for the collection, transport and disposal of urban waste – Awarded without any call for tenders – Awarded to a company limited by shares . .
CitedCommission v Germany – C-480/06 ECJ 9-Jun-2009
Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract . .
CitedAsociacion Nacional De Empresas Forestales v Transformacion Agraria SA (Tragsa) ECJ 28-Sep-2006
ECJ Freedom Of Establishment – Reference for a preliminary ruling Admissibility Article 86(1) EC No independent effect Factors permitting material which enables the Court to give a useful answer to the questions . .
CitedAsociacion Profesional De Empresas De Reparto Y Manipulado De Correspondencia v Administracion General del Estado ECJ 18-Dec-2007
ECJ (Freedom To Provide Services) – Public procurement Liberalisation of postal services Directives 92/50/EEC and 97/67/EC’ Articles 43 EC, 49 EC and 86 EC National legislation allowing public authorities to . .
CitedCoditel Brabant v Commune d’Uccle, Region de Bruxelles-Capitale (Law Relating To Undertakings) ECJ 13-Nov-2008
ECJ Public procurement – Tendering procedures Public service concessions – Concession for the operation of a municipal cable television network – Awarded by a municipality to an inter-municipal cooperative . .

Cited by:
CitedTachie 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 . .
CitedThe 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.
Commercial, Local Government, European

Updated: 02 November 2021; Ref: scu.428516

Cunningham, Regina (on The Application of) v Hertfordshire County Council and Another: CA 11 Nov 2016

Whether child should be seen to b ‘looked after’

Appeal from an order dismissing the appellant’s claim for judicial review, expressed as a challenge to the failure of Hertfordshire to provide her with support for the care of her grandson who, it was suggested, was a ‘looked after child’ for the purposes of section 20 to 22D of the 1989 Ac. A necessary stepping stone to that conclusion was that it should have appeared to Hertfordshire for the purposes of section 20 of the 1989 Act, that R required accommodation because his mother was no longer able to provide him with it. Had Hertfordshire come to that conclusion and arranged accommodation for him, then after 24 hours R would have become a ‘looked after child’ with the consequence that various obligations upon Hertfordshire would have arisen, including the provision of financial support.
Held: The obligation to provide the support arose only upon the Local Authority seeing that it appeared to them that the child required accomodation. Such an assessment was acutely fact sensitive, and required an established error of public law for a challenge.
A child was not in such need of support only on the basis that accomodation offered was only temporary or stopgap

Black, Burnett LJJ
[2016] EWCA Civ 1108, [2016] WLR(D) 595
Bailii, WLRD
Children Act 1989 20 21 22
England and Wales

Children, Local Government

Updated: 02 November 2021; Ref: scu.571221

Regina (Morris) v Newport City Council: QBD 27 Nov 2009

The claimant taxi driver challenged the introduction by the defendant council of a rule that no taxi cab would be licensed if more than twelve years old or more than three years and three months if converted.
Held: The decision had failed to take account of the representations made as to the effectiveness on existing checks on roadworthiness, and the councillor driving the policy forward had a personal interest through his brother and, following flawed advice, had failed to declare that interest. A fair minded and informed observer might reasonably have concluded that the decision was biassed.

Beatson J
Times 05-Jan-2010
England and Wales

Licensing, Local Government

Updated: 02 November 2021; Ref: scu.392883

Re L (Care: Assessment: Fair Trial): FD 2002

The court emphasised the need, in the interests not merely of the parent but also of the child, of a transparently fair and open procedure at all stages of the care process, including the making of documents openly available to parents.
Munby J said: ‘it must never be forgotten that, with the state’s abandonment of the right to impose capital sentences, orders of the kind which judges of this Division are typically invited to make in public law proceedings are amongst the most drastic that any judge in any jurisdiction is ever empowered to make. It is a terrible thing to say to any parent – particularly, perhaps, to a mother – that he or she is to lose their child for ever.’ and ‘The local authority should at an early stage of the proceedings make full and frank disclosure to the other parties of all key documents in its possession or available to it . . Early provision should then be afforded for inspection of any of these documents. Any objection to the disclosure or inspection of any document should be notified to the parties at the earliest possible stage in the proceedings and raised with the court by the local authority without delay.’

Munby J
[2002] 2 FLR 730, [2002] EWHC 1379 (Fam)
Cited by:
CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
CitedJD 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 . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
CitedDurham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government

Leading Case

Updated: 02 November 2021; Ref: scu.194861

Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Held: The House unanimously dismissed the local authority’s appeal in that last case but allowed the plaintiff’s appeal in the other three. A local authority can be liable in negligence for its failures to provide appropriate special needs educational support to those it had a duty to educate, and was liable even for the independent acts of its professional agents employed by it for this purpose.
The absence of an express statutory provision for damages was not conclusive, professionals must acknowledge that their decisions have consequences and that their duties lie not only toward their employers. Failure to reduce the consequences of conditions such as dyslexia can constitute a personal injury. A head teacher owes a duty of care to exercise the reasonable skills of a headmaster in relation to such a child’s educational needs and a special advisory teacher brought in to advise on the educational needs of a specific pupil, particularly if he knows that his advice will be communicated to the pupil’s parents, ‘owes a duty to the child to exercise the skill and care of a reasonable advisory teacher.’ and ‘the professionalism, dedication and standards of those engaged in the provision of educational services are such that cases of liability for negligence will be exceptional.’ It was clear in principle that a teacher or educational psychologist could in principle owe a duty of care to a child as well as an employing authority. Valid claims in negligence were not to be excluded because claims which were without foundation or exaggerated might be made. There was no reason to exclude the claims on grounds of public policy alone.

Lord Slynn of Hadley Lord Jauncey of Tullichettle Lord Lloyd of Berwick Lord Nicholls of Birkenhead Lord Clyde Lord Hutton Lord Millett
Times 28-Jul-2000, Gazette 31-Aug-2000, [2000] UKHL 47, [2001] 2 AC 619, [2000] 3 WLR 776, [2000] 4 All ER 504, (2000) 150 NLJ 1198
House of Lords, Bailii
Education Act 1996
England and Wales
Citing:
Appeal fromPhelps v Mayor and Burgesses London Borough of Hillingdon CA 4-Nov-1998
The plaintiff claimed damages for the negligent failure of an educational psychologist employed by a local authority to identify that the plaintiff was dyslexic.
Held: An educational psychologist has no duty of care to a child, as opposed to . .
ApprovedX (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 . .
Appeal fromJarvis v Hampshire County Council CA 23-Nov-1999
A child who did not receive sufficient education appropriate to his disability (dyslexia), did not acquire a right to claim in damages against the education authority. This applies both to claims of misfeasance in public office and in negligence. . .
CitedBarrett v London Borough of Enfield CA 25-Mar-1997
A Local Authority is only vicariously liable for the negligence of a social worker to a child in care. . .
CitedW 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 by:
CitedBradford-Smart v West Sussex County Council CA 23-Jan-2002
The claimant sought damages from the school for failing to prevent injuries arising from bullying, which was taking place on the way to and from school, but not at school.
Held: A school has no general obligation to prevent such bullying, but . .
CitedA, B v Essex County Council QBD 18-Dec-2002
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive.
Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a . .
AppliedLiennard v Slough Borough Council QBD 15-Mar-2002
The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy. . .
CitedChagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
CitedA and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Appealed toJarvis v Hampshire County Council CA 23-Nov-1999
A child who did not receive sufficient education appropriate to his disability (dyslexia), did not acquire a right to claim in damages against the education authority. This applies both to claims of misfeasance in public office and in negligence. . .
CitedDavid Lannigan v Glasgow City Council OHCS 12-Aug-2004
The pursuer said the teachers employed by the defendant had failed to identify that was dyslexic, leading him to suffer damage. The defenders said the claim was time barred, which the pursuer admitted, but then said that the claim ought to go ahead . .
CitedSingh v Entry Clearance Officer New Delhi CA 30-Jul-2004
The applicant, an 8 year old boy, became part of his Indian family who lived in England, through an adoption recognised in Indian Law, but not in English Law. Though the adoption was genuine, his family ties had not been broken in India. The family . .
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
CitedKearn-Price v Kent County Council CA 30-Oct-2002
The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of negligence.
Held: . .
CitedJane 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 . .
CitedCustoms and Excise v Barclays Bank Plc CA 22-Nov-2004
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the . .
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedJD 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 . .
CitedWest Bromwich Albion Football Club Ltd v El-Safty QBD 14-Dec-2005
The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created . .
CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
See AlsoRhiannon Anderton v Clwyd County Council (2) QBD 25-Jul-2001
The claim form had been issued only just before the limitation period expired. Under the rules it would have been deemed to have been served on a Sunday, the day before the expiry of the period, but evidence suggested it was not received until after . .
See AlsoAnderton v Clwyd County Council (No 2); Bryant v Pech and Another Dorgan v Home Office; Chambers v Southern Domestic Electrical Services Ltd; Cummins v Shell International Manning Services Ltd CA 3-Jul-2002
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
CitedBowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
CitedJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedConnor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
CitedSiddiqui v University of Oxford QBD 5-Dec-2016
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded.
Held: Strike out on the basis that the claim was . .
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.

Local Government, Education, Vicarious Liability, Professional Negligence

Leading Case

Updated: 02 November 2021; Ref: scu.84699

Herrick and Another v Kidner and Another: Admn 17 Feb 2010

Psychological Obstruction to Public Footpath

A public footpath crossed the appellants’ land. They constructed a gateway across it which they now accepted had been a significant obstruction of the right of way. The local authority served a notice requiring its removal, including the stone pillars erected on the path. After a failure to comply the appellant was prosecuted. The authority then required the gates to be left unlocked, but did not enforce the order. The authority was then itself pursued in an action by the respondent. The appellant took the case to the crown court which said that the question it faced was ‘whether the structure ‘significantly interfered with the exercise of public rights of way over that way’ under section 130 B(4)(c), and said: ‘Whether it does so or not is not only a question of fact, but also requires us to determine what is meant by that subsection: does it cover any obstruction which actually prevents passage over any part of the highway, as contended by the Respondents, or should there be a more limited interpretation of what amounts to significant interference taking an objective view.’ It answered that an obstruction of part of the right of way by the pillars was a significant interference.
Held: The court should allow for the psychological effect of the placing across a right of way bollards or similar indications that the land owner considered the land to be private. ‘[A]uthorities establish a number of principles with regard to an obstruction of the highway: first, members of the public are in general entitled to unrestricted access to the whole and each part of a highway; secondly, their right to such access is principally to pass and repass but it is also to enjoy other amenity rights; thirdly, those other amenity rights must be reasonable and usual and will depend on the particular circumstances; fourthly, any encroachment upon the highway which prevents members of the public from the enjoyment of these access and amenity rights is an unlawful obstruction; fifthly, the law ignores de minimis, or fractional obstructions; and sixthly, a highway authority cannot deprive itself of the power to act against an unlawful obstruction by refraining from exercising its statutory powers against it, or by purporting to give it consent.’
The public is entitled to use and to enjoy everything which is in law part of a footpath. The statute allowed gates over public highways, but only for the purpose of restricting animal movements, and it was not open to the authority to permit a gate for other reasons.
‘any structure erected within the legal extent of the footpath, and which prevents public passage or the enjoyment of amenity rights over the area of its footprint, significantly interferes with the exercise of public rights of way. Highway authorities which refuse to take action to secure the removal of such structures may be subject to an order under section 130B.’

Cranston J
[2010] EWHC 269 (Admin), Times 08-Apr-2010, [2010] PTSR 1804, [2010] 3 All ER 771
Bailii
Highways Act 1980 143 130B(4)(c), Countryside and Rights of Way Act 2000
England and Wales
Citing:
CitedBagshaw v Buxton Local Board of Health CA 1875
House owners requested an injunction to stop the surveyors of highways removing a low wall and railing enclosing a piece of ground in front of it. The surveyors alleged that the ground was part of a highway and that the wall and railing were an . .
CitedHomer v Cadman 1886
The appellant had come with a band to the bull ring in Sedgley. A crowd formed for about an hour to listen to him. The magistrate found there was an obstruction of the highway. The appellant contended that there was still space outside the crowd and . .
CitedSeekings v Clarke 1961
Lord Parker CJ said: ‘It is perfectly clear that anything which substantially prevents the public from having free access over the whole of the highway which is not purely temporary in nature is an unlawful obstruction’. . .
CitedTorbay Borough Council v Cross QBD 1995
The highway was 15 metres wide and pedestrianised. Shop owners displayed goods outside their shops, projecting no more than five percent of the total width of the road. The magistrates acquitted them of obstruction.
Held: The appeal was . .
CitedErnstbrunner v Manchester City Council and Another Admn 16-Dec-2009
The appellant challenged by case stated a refusal of the Crown Court to order removal of a gate which he said obstructed a public footpath. The land-owner had persuaded the magistrates that the gate was not on the line of the footpath. The claimant . .
CitedHarrison v Duke of Rutland CA 8-Dec-1893
H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying . .
CitedDirector 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 . .
CitedSpice and Others, Regina (on the Application of) v Leeds City Council Admn 27-Feb-2006
Landowners sought judicial review of the decision of the highway authority to refuse an application under section 117 of the 1980 Act for a highway to be stopped up under section 116. They said that the highway was unnecessary as such because it was . .
CitedRedbridge London Borough Council v Jaques 1970
An authority cannot authorise an unlawful restriction on the use of land subject to a public right of way. . .
CitedHarvey v Truro Rural District Council 1903
Land which had been built over was part of the public highway. The highway authority had as far back as living memory extended used a portion of a strip alongside a highway for the purpose of depositing material for the repair of the roads. A few . .
CitedHampshire County Council v Gillingham and Gillingham CA 5-Apr-2000
The council obtained a county court order against the defendants to remove a wooden gate and concrete hanging post, and an injunction prohibiting them from placing a gate, fence or other obstruction on a public footpath. Attempting to defuse the . .
CitedBurnside v Emerson CA 1968
A car crashed as a result of running into a pool of storm-water lying across the road. The pool had been caused by the authority’s failure properly to maintain the drainage system, which had become blocked.
Held: The claim succeeded. Diplock . .
CitedHertfordshire County Council v Bolden 9-Dec-1986
A court may allow a de minimis incursion over a public right of way. . .
CitedKind v Newcastle-Upon-Tyne Council Admn 31-Jul-2001
The appellant complained that the local council had failed to maintain a highway. The road was a single track rural highway. The Crown Court allowed for the present-day character of the highway, and the appellant objected. The complainant sought to . .

Cited by:
ApprovedKind v Northumberland County Council Admn 14-Mar-2012
The appellant landowner had a public bridleway over his land. It passed over an old cattle grid. He had constructed a gate to the side of the track. It was not part of the public highway. He now appealed from a refusal of an order for the Council to . .

Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 02 November 2021; Ref: scu.401623

McDonald, Regina (On the Application of) v London Borough Of Kensington and Chelsea: Admn 5 Mar 2009

The claimant, a former ballerina, challenged the respondent’s decision limiting the care package provided to her in the form of overnight toileting assistance. She said that the change violated her Article 8 rights

Frances Patterson QC J
[2009] EWHC 1582 (Admin), (2009) 12 CCL Rep 421
Bailii
Disability Discrimination Act 1995, European Convention on Human Rights 8
England and Wales
Cited by:
At first instanceMcDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Appeal FromMcDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 13-Oct-2010
The claimant said that the wihdrawal of overnight support to her at home was unlawful.
Held: The claim failed. Her requirement was a need to urinate safely at night, which was satisfied by the new arrangement. . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health, Human Rights

Updated: 02 November 2021; Ref: scu.377553

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 derived from his destitution, and that they had no obligation to assist. He had failed at first instance but succeeded on appeal.
Held: The Council’s appeal succeeded. The three requirements for assistance were cumulative: He must be in need of care and attention, that need must arise from age, illness disability of otherwise, and the care and attention required must not be available otherwise than by the provision of accommodation. The last resort care from NASS was to be discounted. Care and attention must be doing something for a person which he could not be expected to do for himself, and did not include the provision of things or accommodation, but was otherwise included all forms of social care and practical assistance. The requirement for care was not to be linked to the provision of accommodation.
Looking at its duties under section 21(1)(a): ‘ there were two questions for the council: (1) was SL in need of care and attention? (2) if so, was that care and attention ‘available otherwise than by the provision of accommodation under section 21’? They answered the first in the negative, and the second in the affirmative. The issue for the courts, applying ordinary judicial review principles, was whether they were reasonably entitled to take that view. In agreement with the judge on both issues, I would hold that they were. ‘

Lord Neuberger P, Lady Hale, Lord Mance, Lord Kerr, Lord Carnwath
[2013] UKSC 27, [2013] 1 WLR 1445, [2013] PTSR 691, [2013] HLR 30, [2013] 3 All ER 191, [2013] BLGR 423
Bailii, Bailii Summary
National Assistance Act 1948
England and Wales
Citing:
CitedIn re Avtar Singh 25-Jul-1967
A Commonwealth citizen said he wanted to come to the UK so as to marry a girl here. He had no right at all to be admitted. The statute gave the immigration officers a complete discretion to refuse. The Lord Chief Justice held that they were under no . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
At first instanceSL, Regina (on The Application of) v City of Westminster Council Admn 15-Nov-2010
Application for permission to seek judicial review of a decision in a letter from the Council’s solicitor, to refuse to accommodate the claimant pursuant to duties under section 21(1)(a) of the National Assistance Act 1948.
Held: The claim . .
CitedRegina v Hammersmith and Fulham London Borough Council Ex Parte M etc CA 17-Feb-1997
The court recognised the potential role of local authorities under section 21(1)(a) in meeting the needs of those seeking asylum and otherwise, but having benefits withheld pending determination of their claims. Asylum seekers who had been excluded . .
CitedM, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
CitedAdam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
CitedRegina (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. . .
CitedAdam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
CitedZarzour, Regina (On the Application of) v London Borough Of Hillingdon Admn 1-May-2009
The applicant was an asylum seeker awaiting a decision on his claim. He was totally blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own.
CitedRegina v National Insurance Commissioner, Ex parte Secretary of State for Social Services; In re Packer CA 1981
Mrs Packer, a lady of eighty-three, claimed an attendance allowance under the Act of 1975 in respect of the cooking of her meals which she could not do herself. The Commissioner thought that eating was a bodily function and that cooking was so . .
CitedRegina (Zarzour) v Hillingdon London Borough Council CA 2009
The applicant Z awaited a decision on his asylum claim. He was blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own. The judge upheld his claim to . .
Appeal fromSL v Westminster City Council and Others CA 10-Aug-2011
The claimant sought judicial review of the Council’s rejection of his request for assistance under the 1948 Act. He was a failed asylum seeker, who having been destitute, had become mentally ill.
Held: The applicant’s appeal succeeded. As to . .
CitedSO, Regina (on The Application of) v London Borough of Barking and Dagenham CA 12-Oct-2010
The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education . .

Lists of cited by and citing cases may be incomplete.

Benefits, Local Government, Immigration

Leading Case

Updated: 01 November 2021; Ref: scu.503502

Dennis Rye Ltd v Bolsover District Council: CA 6 May 2009

Right to raise claim against rates insolvency

The ratepayer company sought leave to appeal and to challenge the use of insolvency proceedings to recover council tax. It said that it had a valid counterclaim.
Held: Leave was refused. ‘A company is not prevented from raising a cross-claim in winding up proceedings simply because it could have raised or litigated the claim before the presentation of the petition or it has delayed in bringing proceedings on the cross-claim. The failure to litigate the cross-claim is not necessarily fatal to a genuine and serious cross-claim defeating a winding up petition. However, in deciding whether it is satisfied that the cross-claim is genuine and serious, the court is entitled to take into account all the relevant circumstances, such as the fact that a company has not even attempted to litigate the cross-claim, or that there are reasons why it has not done so.’

Lord Justice Mummery and Lord Justice Elias
[2009] EWCA Civ 372, Times 19-May-2009
Bailii
England and Wales
Citing:
CitedBydand Ltd (In Liquidation) ChD 13-Mar-1997
The applicant sought to have rescinded a winding up order made on 22 January 1997 in respect of a company called Bydand Ltd in respect of liability orders made for arrears of council tax.
Held: The claim failed. Liability orders are orders of . .
CitedSeawind Tankers Corporation v Bayoil SA CA 12-Oct-1998
Although a company admitted a debt, it was nevertheless right to set aside a petition for winding up under that debt, where the company had an unquantified but greater counterclaim within the same proceedings, even if that claim could not presently . .
CitedIn Re A Debtor (No 87 of 1999); Debtor v Johnston ChD 14-Feb-2000
It was possible for a debtor, faced with a statutory demand, to seek to set up a debt against the creditor by way of a set-off and cross-demand even though the claim was against the creditor in a different capacity. Here the creditor claimed in . .
CitedMontgomery v Wanda Modes Ltd ChD 2003
Park J said: ‘The requirement that the debtor must not have been able to litigate his . . cross-claim was not part of the ratio decidendi of Bayoil: in that case there was no dispute that, because (I infer) the whole dispute between the two parties . .

Lists of cited by and citing cases may be incomplete.

Local Government, Insolvency

Updated: 01 November 2021; Ref: scu.341795

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty

The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves starting with a prima facie assumption that a duty of care exists if it is reasonably foreseeable that carelessness may cause damage and then asking whether there are any considerations which ought to ‘negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may arise’. Subsequent decisions in this House and the Privy Council have preferred to approach the question the other way round, starting with situations in which a duty has been held to exist and then asking whether there are considerations of analogy, policy, fairness and justice for extending it to cover a new situation: see for example Lord Bridge in Caparo (supra) . . It can be said that, provided that the considerations of policy etc. are properly analysed, it should not matter whether one starts from one end or the other. On the other hand the assumption from which one starts makes a great deal of difference if the analysis is wrong. The trend of authorities has been to discourage the assumption that anyone who suffers loss is prima facie entitled to compensation from the person (preferably insured or a public authority) whose act or omission can be said to have caused it. The default position is that he is not.’ ‘A common law duty must not be inconsistent with the performance by the authority of its statutory duties and powers in the manner intended by Parliament, or contrary in any other way to the presumed intention of Parliament.’ and ‘the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done at all, are, first, that it would in the circumstances have been irrational not to have exercised the power, so that there was in effect a public law duty to act, and secondly, that there are exceptional grounds for holding that the policy of the statute requires compensation to be paid to persons who suffer loss because the power was not exercised.’
Lord Hoffmann said: ‘In my view the creation of a duty of care upon a highway authority, even on grounds of irrationality in failing to exercise a power, would inevitably expose the authority’s budgetary decisions to judicial inquiry. This would distort the priorities of local authorities, which would be bound to try to play safe by increasing their spending on road improvements rather than risk enormous liabilities for personal injury accidents. They will spend less on education or social services. I think that it is important, before extending the duty of care owed by public authorities, to consider the cost to the community of the defensive measures which they are likely to take in order to avoid liability. . .’ Statutory bodies do not occupy a special position so far as liability for nuisance is concerned unless statute puts them in that special position: ‘Since Mersey Docks and Harbour Board Trustees v Gibbs (1866) L.R. 1 H.L. 93 it has been clear law that in the absence of express statutory authority, a public body is in principle liable for torts in the same way as a private person. But its statutory powers or duties may restrict its liability. For example, it may be authorised to do something which necessarily involves committing what would otherwise be a tort. In such a case it will not be liable: Allen v Gulf Oil Refining Ltd [1981] AC 1001. Or it may have discretionary powers which enable it to do things to achieve a statutory purpose notwithstanding that they involve a foreseeable risk of damage to others. In such a case, a bona fide exercise of the discretion will not attract liability: . . . .’.

Lord Hoffmann, Lord Nicholls of Birkenhead
Gazette 25-Sep-1996, Times 26-Jul-1996, [1996] AC 923, [1996] UKHL 15, [1996] 3 All ER 801, [1996] 3 WLR 389
Bailii
Highways Act 1980 41(1)
England and Wales
Citing:
Appeal fromStovin v Wise (Norfolk City Council, 3rd party) CA 16-Feb-1994
A road user was injured on a corner which was known to the highway authority to be dangerous. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view.
Held: The . .
CitedDonoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
CitedRegina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
ApprovedSutherland Shire Council v Heyman 4-Jul-1985
(High Court of Australia) The court considered a possible extension of the law of negligence.
Brennan J said: ‘the law should develop novel categories of negligence incrementally and by analogy with established categories. ‘
Dean J said: . .

Cited by:
CitedK v the Secretary of State for the Home Department CA 31-May-2002
The applicant sought damages from the defendant who had released from custody pending deportation a man convicted of violent sexual crimes and who had then raped her. She appealed against a strike out of her claim. She had been refused information . .
CitedBellefield Computer Services Limited, Unigate Properties Limited; Unigate Dairies Limited; Unigate (Uk) Limited; Unigate Dairies (Western) Limited v E Turner and Sons Limited Admn 28-Jan-2000
The Defendant builders constructed a steel building to be used as, inter alia. a dairy. The original owners sold it to the appellants. A fire spread from the storage area to the rest of the dairy and caused much damage. The Builders, had they . .
CitedJD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
CitedChagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
CitedA and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
CitedBinod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
CitedLarner v Solihull Metropolitan Borough Council CA 20-Dec-2000
The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not . .
AppliedCapital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .
CitedSandhar, Murray v Department of Transport, Environment and the Regions QBD 19-Jan-2004
The claimant asserted a common law duty on the respondent to maintain a roadway free of frost.
Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of . .
CitedJane 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 . .
CitedOLL Ltd v Secretary of State for Transport QBD 22-Jul-1997
Coastguard Not liable in Negligence
Eight children with a teacher and two instructors set off on a canoeing trip but did not return. They got into difficulties at sea. Two became separated from the rest. The canoes capsized and sank. Some tried to swim ashore. Two more members became . .
CitedBybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
CitedThoburn v Northumberland County Council CA 19-Jan-1999
The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act.
Held: Though the blockage was not entirely on the Highway, the nature and extent of it was . .
CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedRegina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
CitedNeil Martin Ltd v Revenue and Customs Commissioners 28-Sep-2006
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses.
Held: The revenue owed no common law duty of care to the claimant and nor were damages . .
CitedVellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
CitedSomerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedConnor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
CitedMichael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
CitedHurst and Another v Hampshire County Council CA 19-Jun-1997
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway.
Held: Pre-adoption trees vest in the highway authority for all purposes. . .
CitedDodson v Environment Agency QBD 28-Feb-2013
The claimant asserted that the steps taken by the defendant to encourage wildlife in the estuary had led to otters predating his fish farm stocks, and that the claimant had not been informed of this, in particular as to the construction of otter . .
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.

Administrative, Personal Injury, Local Government

Leading Case

Updated: 01 November 2021; Ref: scu.89580

RK and AK v The United Kingdom: ECHR 18 Oct 2005

The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her claim in negligence against the hospital doctor ill founded on the basis that the doctor who had failed to diagnose the condition owed the mother no duty of care.
Held: It was clear that the removal of the child was an interference with the claimant’s right to family life. It was however in accordance with domestic law, and that that law had a legitimate aim. The issue was as to its necessity. ‘mistaken judgments or assessments by professionals do not per se render child-care measures incompatible with the requirements of Article 8. The authorities, medical and social, have duties to protect children and cannot be held liable every time genuine and reasonably-held concerns about the safety of children vis-a-vis members of their families are proved, retrospectively, to have been misguided.’ The provisions were necessary, and no breach was found.

L Garlicki, President,and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic, D. Thor Bjorgvinsson, P. Hirvela and L. Bianku Section Registrar L
38000/05, [2008] ECHR 950, [2008] ECHR 1889, [2002] ECHR 717, [2010] ECHR 577
Bailii, Times, Bailii, Bailii, Bailii
European Convention on Human Rights 8
Human Rights
Cited by:
CitedMAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Local Government, Children

Leading Case

Updated: 01 November 2021; Ref: scu.276648

Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012

Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to remove the requirement for confirmation and to add to the list of legislation which might be brought in without confirmation. The latter power was now challenged.
Held: The Bill was valid; the Assembly had the legislative competence to enact sections 6 and 9 of the Bill. The primary purpose of the Bill could not be achieved without the powers. The removal of the confirmatory powers for the scheduled enactments would be only incidental to, and consequential on, the primary purpose of removing the need for confirmation by the Welsh Ministers of any byelaw made under the scheduled enactments. The powers were to be exercised by either the English or Welshminister Secretaries of State, and alone if need be at any time.

Lord Neuberger, President, Lord Hope, Deputy President, Lord Clarke, Lord Reed, Lord Carnwath
[2012] UKSC 53, [2012] WLR(D) 341, [2012] 3 WLR 1294, UKSC 2012/0185, [2013] 1 AC 792, [2013] 1 All ER 1013
Bailii, Bailii Summary, SC Summary, SC, WLRD
Government of Wales Act 2006 112, Government of Wales Act 1998, Local Government Act 1972, The National Assembly for Wales (Transfer of Functions) Order 1999, Supreme Court Rules 2009 41
England and Wales
Citing:
CitedMartin v Her Majesty’s Advocate SC 3-Mar-2010
The claimant challenged the law extending the power of Sheriffs sitting alone to impose sentences of up to one year.
Held: The defendants’ appeal failed (Lord Rodger and Lord Kerr dissenting). The change was within the power of the Scottish . .
CitedA v The Scottish Ministers PC 15-Oct-2001
(Scotland) The power to detain a person suffering from a mental illness, in order to ensure the safety of the public, and even though there was no real possibility of treatment of the mental condition in hospital, was not a disproportionate . .
CitedAdams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
CitedAXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .

Cited by:
CitedReferences (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government SC 6-Oct-2021
Scots Bills were Outwith Parliament’s Competence
The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children.
Held: The laws had effect also outside Scotland . .

Lists of cited by and citing cases may be incomplete.

Constitutional, Local Government, Wales

Leading Case

Updated: 02 November 2021; Ref: scu.465936

Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978

Estoppel Cannot Oust Statutory Discretion

The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The appeal failed. The court tried to reconcile invocations of estoppel with the general principle that for a public authority: ‘an estoppel cannot be raised to prevent the exercise of a statutory discretion or to prevent or excuse the performance of a statutory duty.’
Estoppel cannot be used so as to fetter a statutory discretion entrusted to a local authority

Megaw, Lawton, Browne LJJ
[1981] 2 All ER 204, [1978] EWCA Civ 6, (1978) 38 P and CR 7
Bailii
England and Wales
Citing:
CitedHammersley v Baron De Biel, An Infant, By W J Blake, His Next Friend HL 25-Mar-1845
The Plaintiffs father, B, had agreed with one T that he would marry T’s daughter and provide a jointure for her in consideration of T’s undertaking to leave a sum of pounds 10,000 in his will to his daughter to be settled on her and her children. B . .
CitedRamsden v Dyson HL 1866
The Vice-Chancellor had held that two tenants of Sir John Ramsden, the owner of a large estate near Huddersfield, were entitled to long leases of plots on the estate. They ostensibly held the plots as tenants at will only, but they had spent their . .
CitedPlimmer v Mayor, Councillors and Citizens of the City of Wellington PC 1884
(New Zealand) Mr Plimmer had occupied land under a revocable licence from the Corporation’s predecessor-in-title and at their request had made extensive improvements to it. He sought compensation when the land was to be vested in the defendant. The . .
CitedEvenden v Guildford Football Club CA 1975
Lord Denning rejected an argument that, for promissory estoppels to apply, parties must be contractually bound to one another saying: ‘Promissory estoppel . . applies whenever a representation is made, whether of fact or law, present or future, . .
CitedMaritime Electric Company Limited v General Dairies Limited PC 8-Feb-1937
(Canada) . .
ApprovedBrooks and Burton Ltd v The Secretary of State for the Environment 1977
Lord Widgery, Lord Chief Justice, discussed extending the concept of estoppel saying: ‘There has been some advance in recent years of this doctrine of estoppel as applied to local authorities through their officers, and the most advanced case is the . .
CitedCentral London Property Trust Ltd v High Trees House Ltd KBD 1947
Promissory Estoppel Created
The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of pounds 2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time . .
CitedSouthend-on-Sea Corporation v Hodgson (Wickford) Ltd QBD 1961
The Corporation had, by its engineer, said that its permission for the use of land as a builder’s yard was not in fact and law required. It was mistaken in this view.
Held: What the engineer had said could not create an estoppel preventing the . .
CitedCampbell Discount Company Ltd v Bridge CA 1961
Agreed compensation is not a penalty
A hirer under a hire purchase agreement could terminate the hiring during the course of the term whereupon the hirer was required to pay a sum by way of agreed compensation.
Held: A sum of money payable under a contract on the occurrence of an . .
CitedInwards v Baker CA 13-Jan-1965
An indulgent father had encouraged his son to build a bungalow on his, the father’s, land. The son had done so in the expectation, encouraged by the father, that he would be permitted to remain in occupation.
Held: The court formulated the . .
CitedWells v Minister of Housing and Local Government CA 1967
It had been the practice of planning authorities, acting through their officers, to tell applicants whether or not planning permission was necessary. A letter was written by the Council Engineer telling the applicants that no permission was . .
CitedLever (Finance) Ltd v City of Westminster CA 22-Jul-1970
The appellant developers had obtained detailed planning approval for fourteen houses, but after adjustments for a building line, moving several properties distances of several feet toward other properties, further plans were submitted without . .
CitedMoorgate Mercantile Company Ltd v Twitchings CA 1975
Lord Denning MR held: ‘Estoppel is not a rule of evidence. It is not a cause of action. It is a principle of justice and of equity. It comes to this. When a man, by his words or conduct, has led another to believe in a particular state of affairs, . .

Cited by:
CitedRegina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
CitedDownderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another Admn 11-Jan-2002
The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been . .
CitedRegina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
CitedStancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
CitedLondon Borough of Bexley v Maison Maurice Ltd ChD 15-Dec-2006
The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Administrative, Estoppel, Local Government

Leading Case

Updated: 02 November 2021; Ref: scu.262693

Parking Brixen v Gemeinde Brixen: ECJ 13 Oct 2005

The award, by a public authority to a service provider, of the management of a public pay car park, in consideration for which that provider is remunerated by sums paid by third parties for the use of that car park, is a public service concession to which Directive 92/50 relating to the coordination of procedures for the award of public service contracts does not apply.
Public authorities concluding public service concession contracts are bound to comply with the fundamental rules of the EC Treaty, in general, particularly Articles 43 EC and 49 EC, and the principle of non-discrimination on the ground of nationality set out in Article 12 EC, which are specific expressions of the general principle of equal treatment. The principles of equal treatment and non-discrimination on grounds of nationality imply, in particular, a duty of transparency which consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the service concession to be opened up to competition and the impartiality of procurement procedures to be reviewed.
However, the application of the rules set out in Articles 12 EC, 43 EC and 49 EC, as well as the general principles of which they are the specific expression, is precluded if the control exercised over the concessionaire by the concession-granting public authority is similar to that which the authority exercises over its own departments and if, at the same time, that entity carries out the essential part of its activities with the controlling authority.
The aforementioned provisions and principles preclude, in that regard, a public authority from awarding, without putting it out to competition, a public service concession to a company limited by shares resulting from the conversion of a special undertaking of that public authority, a company whose objects have been extended to significant new areas, whose capital must obligatorily be opened in the short term to other capital, the geographical area of whose activities has been extended to the entire country and abroad, and whose Administrative Board possesses very broad management powers which it can exercise independently.

P. Jann, P
[2005] EUECJ C-458/03, C-458/03, [2005] ECR I-8612, [2006] CEC 144, [2006] All ER (EC) 779, [2006] 1 CMLR 3
Bailii
European
Cited by:
CitedTachie 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 . .
CitedBrent 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

Leading Case

Updated: 02 November 2021; Ref: scu.231088

MM, Regina (on the Application of) v London Borough of Lewisham: Admn 6 Mar 2009

The court considered the extent of an Authority’s duties when a young woman (17) came to its attention under section 17 of the 1989 Act. The claimant was fleeing the domestic violence of her partner. The authority had said that she should seek help not from Social Services but instead through family services or victim support.
Held: The first response was not adequate: ‘The summary consideration given to the referral fell far below the standard required by law. The fact that the claimant had been in the refuge for some 4 months should have given rise to concern. The Social Services authority must have been aware of the undesirability of a 17 year old being housed with adults in temporary accommodation for victims of domestic violence for such an extended period of time. It is difficult to see how any Social Services authority could have concluded that the claimant’s housing needs had been properly met for some 4 months, nor how it could have concluded that suitable accommodation could be provided in a hostel. The Social Services authority paid no regard to the fact that it was the worker at the refuge who had applied for Social Services to support the claimant because she was ‘vulnerable and lacked ‘life skills”. Had the refuge considered that the claimant’s needs could have been met simply by a housing application under Part VII Housing Act 1996, it could have applied to the housing department.’ Later decisions were also flawed.

Sir George Newman
[2009] EWHC 416 (Admin)
Bailii
Children Act 1989 17
England and Wales
Citing:
CitedM, Regina (on the Application of) v Gateshead Council CA 14-Mar-2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 01 November 2021; Ref: scu.316593

Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council: Admn 28 Jun 2016

The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also had failed as require to consider the effect it might have in the Jewish community, by possibly encouraging anti-Jewish feelings.
Held: The claims were each dismissed.

Simon LJ, Flaux J
[2016] EWHC 1512 (Admin), [2017] PTSR 1433
Bailii
Local Government Act 1988 17, Equality Act 2010 149
England and Wales
Citing:
CitedRedmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedBAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another QBD 9-Feb-2007
The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .
CitedNational Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
CitedMeany and Others, Regina (On the Application of) v Harlow District Council Admn 9-Mar-2009
Challenge to process used for advertising an invitation to tender for its welfare rights and advice services within the district.
Held: Davis J said that the: ‘general regard to issues of equality is not the same as having specific regard, by . .
CitedHurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills Admn 17-Feb-2012
The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.
Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do . .
CitedBracking and Others v Secretary of State for Work and Pensions CA 6-Nov-2013
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund.
Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . . .
CitedBrown, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 18-Dec-2008
Having ‘due regard’ is not Obligation to do
The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the . .
CitedBailey and Others, Regina (on The Application of) v London Borough of Brent Council and Others CA 19-Dec-2011
Appeal against failure of challenge to decision to close public libraries. . .
CitedPieretti v London Borough of Enfield CA 12-Oct-2010
The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. . .
CitedDomb and Others, Regina (On the Application of) v London Borough of Hammersmith and Fulham and Another CA 8-Sep-2009
The applicants sought to challenge a decision by the authority to charge for various home care services provided to the disabled applicants. They alleged that the charges were discriminatory.
Held: Officials reporting to or advising . .
CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 01 November 2021; Ref: scu.566267

Regina v Portsmouth City Council ex parte Coles and Colwick Builders Limited and ex parte George Austin Limited: CA 8 Nov 1996

A tender was issued inviting applications for public works contracts but was wrong for failing to set out the criteria which would be used to assess the award, but the process stood nevertheless.

Times 13-Nov-1996, [1996] EWCA Civ 913
England and Wales

Local Government, Judicial Review

Updated: 01 November 2021; Ref: scu.140780

Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 25 Feb 2015

Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute funds allocated to the United Kingdom for the years 2014 to 2020. The appellants say that they should receive more and other regions correspondingly less.
Held: The appeal failed (Lord Mance, Lord Carnwath and Lady Hale dissenting).
The appellants could not succeed simply by pointing to the classification of Merseyside and South Yorkshire as transition regions, and denouncing the outcome of the Secretary of State’s two decisions as more burdensome to them than to others in the same category. They must show that there was something unlawful about the process or reasoning by which that outcome was arrived at.
A decision allocating such funds was reviewable, but courts must be cautious about intervening because this: (i) had been a use of a discretion and courts have properly been reluctant to intervene; (ii) involved very delicate questions about the distribution of finite domestic and EU resources, in which the legitimacy of the decision-making process depends to a high degree on ministers’ political accountability; and (iii) had been approved by the European Commission.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Hodge
[2015] UKSC 6, [2015] PTSR 322, UKSC 2014/0204
Bailii, Bailii Summary, SC, SC Summary
England and Wales
Citing:
Appeal fromRotherham Borough Council and Others, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills CA 28-Jul-2014
The authorities appealed against rejection of their complaint that the respondent had acted unlawfully in its allocation of European Union structural funds giving priority to other regions. . .
CitedMatadeen and others v M G C Pointu and others (Mauritius) PC 18-Feb-1998
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons . .
CitedMichalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedRegina v Secretary of State ex parte Hammersmith and Fulham London Borough Council HL 4-Oct-1990
16 local authorities joined together to challenge the bringing in of the community charge, and of rules giving central government a greater say over management of local finance by local authorities.
Held: Acts which are essentially political . .
CitedRegina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
CitedFranz Egenberger GmbH Molkerei und Trockenwerk v Bundesanstalt fur Landwirtschaft und Ernahrung, intervening party: Fonterra (Logistics) Ltd ECJ 11-Jul-2006
ECJ Milk and milk products – Regulation (EC) No 2535/2001 – New Zealand butter – Import licence procedures – Inward Monitoring Arrangement (IMA 1) certificate. . .

Lists of cited by and citing cases may be incomplete.

Local Government, European

Leading Case

Updated: 01 November 2021; Ref: scu.543272

Gallagher and Another, Regina (on The Application of) v Basildon District Council: Admn 9 Nov 2010

The claimant challenged the refusal of the Council to pay compensation as recommended by the Ombudsman. The Council had gathered personal details and information of the claimants in the course of a planning dispute, and then published that information on its website. Though accepting that there needed to be good reason for not following the recommendation, no such reason had been recorded.
Held: The schemes for the parliamentary and local government ombudsmen were different and cases could not easily be transposed between them.
The recommendations of the Local Commissioner were not legally binding: ‘Parliament initially intended, for reasons of policy, that local authorities should have full autonomy to determine at local level what steps, if any, they should take to remedy any injustice identified in the LGO’s report. Parliament then subsequently empowered the LGO to make recommendations, but did not either make such recommendations specifically binding, or alternatively expressly require that local authorities should have ‘cogent reasons’ for rejecting any recommendations, provisions that would reasonably have been expected if such had been the legislative intent. On the contrary, the only express sanction was local publicity, leaving the electors to determine whether the local authority had behaved acceptably in rejecting any recommendation designed to remedy an injustice to a local citizen.’
The council’s public response at no point admitted the maladministration, nor the actual distress arising. The purpose of a payment was not necessarily to undo the worry caused, but rather to acknowledge the error in public. The decision not to make a payment had failed to take account of the relevant considerations, and had taken into account other irrelevant ones. The decision was quashed.

Kenneth Parker J
[2010] EWHC 2824 (Admin)
Bailii
Data Protection Act 1996
England and Wales
Citing:
CitedRegina v Commissioner for Local Administration ex parte Eastleigh Borough Council CA 1988
Maladministration includes bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude and arbitrariness in reaching a decision or exercising a discretion, but that it has nothing to do with the intrinsic merits of the . .
CitedBradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 7-Feb-2008
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about . .
CitedEquitable 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, Information

Updated: 01 November 2021; Ref: scu.425820

The Health and Safety Executive v Wolverhampton City Council: SC 18 Jul 2012

The Council had granted planning permission for four student housing units. The Executive complained that they were too near to a liquified gas storage depot. The Court was now asked whether the impact of any compensation which might be payable on any revocation of the consent was a proper material consideration for the Council in deciding whether or not to revoke or amend the consent.
Held: The appeal failed. Lord Carnwath said: ‘general principles would normally dictate that a public authority should take into account the financial consequences for the public purse of its decisions.’

Lord Hope, Deputy President, Lord Walker, Lord Dyson, Lord Sumption, Lord Carnwath
[2012] UKSC 34, [2012] BLGR 843, [2012] 30 EG 74, [2012] 1 WLR 2264, [2012] 4 All ER 429, [2012] WLR(D) 212, [2012] PTSR 1362, UKSC 2010/0189
Bailii, Bailii Summary, WLRD, SC Summary, SC
Town and Country Planning Act 1990 97, Control of Major Accident Hazards Regulations 1999 (SI 1999/743), European Council Directive 96/82/EC
England and Wales
Citing:
LeaveHealth and Safety Executive v Wolverhampton County Council CA 30-Jul-2010
Adjournment of costs hearing. Grant of permission to appeal to Supreme Court. . .
At first instanceHealth and Safety Executive v Wolverhampton City Council and Another Admn 5-Nov-2009
The claimant sought to have development stopped on a site which it said was too near a site for the storage of liquid petroleum gas.
Held: Collins J allowed the claim and granted declaratory relief that Wolverhampton had failed to: (i) notify . .
CitedVasiliou v Secretary of State for Transport CA 1991
When considering the revocation or modification of a planning consent, any impact on an interested party is a relevant consideration. A planning permission should not have been granted closing a public road without considering its adverse effect on . .
Appeal fromThe Health and Safety Executive v Wolverhampton City Council and Victoria Hall Ltd CA 30-Jul-2010
The Council had granted planning pemission for four blocks of student accomodation. The Executive objected that it had not dealt properly with the issue the proximity of a liquified petroleum gas storage depot.
Held: Though there had been some . .
CitedRegina v Westminster City Council, ex parte Monahan CA 1989
The Royal Opera House sought permission and listed building consents to carry out a re-development, extending and modernising the House raising it to international standards, and to develop the surrounding area consistently with that project. Parts . .
CitedAlnwick District Council v Secretary of State for Environment, Transport and Regions and others Admn 4-Aug-1999
The Council had given planning consent for a superstore, not appreciating the proposed size, which would contravene national planning policy. In the face of the council’s objections, the Secretary of State revoked the permission. The substantial . .
CitedUsk Valley Conservation Group and Others, Regina (on The Application of) v Brecon Beacons National Park and Others Admn 27-Jan-2010
The claimants challenged the validity of a planning permission allowing the transfer of a camping site permission out of a flood zone.
Held: Ouseley J considered whether the cost of compensation on the amendment of a permission was a material . .

Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 01 November 2021; Ref: scu.462945

Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another: CA 10 Feb 2009

The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was responsible to provide care for him.
Held: The appeal succeeded. Hillingdon had a duty to investigate the circumstances before reaching its decision. That duty included giving proper consideration to the wishes of the child, and such wishes should be given more weight according to their cogency, and might be determinative. Even so the Authority had a duty to make a proper assessment, and had not done so. Hillingdon had not discharged its duty.

Lord Justice Rix, Lord Justice Dyson and Lord Justice Wilson
[2009] EWCA Civ 43, [2009] Fam Law 394, [2009] 1 FLR 1536, [2009] PTSR 1067, (2009) 12 CCL Rep 286, [2009] BLGR 289
Bailii, Times
Children Act 1989 20
England and Wales
Citing:
Appeal fromLiverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and AK Admn 18-Jul-2008
Two local authorities disputed who should take responsibility for the care of a vulnerable young person. He had first claimed asylum in Liverpool, then was detained in Oxfordshire and last in Hillingdon who returned him on his request to Liverpool, . .

Cited by:
CitedG, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 01 November 2021; Ref: scu.282604

Regina v Brent London Borough Council ex parte Gunning: 1985

The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response. Third . . that adequate time must be given for consideration and response and finally fourth, that the product of consultation must be conscientiously taken into account in finalising any statutory proposals.’

Hodgson J
[1985] 84 LGR 168
England and Wales
Cited by:
CitedRe Law Society of Northern Ireland QBNI 9-Sep-2004
The Law Society of Northern Ireland sought an order to quash a letter from the new NI Legal Service Commission declining to implement the remuneration rates set by the Society. There had been no review of charging rates by the commission for some . .
CitedPartingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .
CitedRegina v Camden London Borough Council Ex Parte Cran and Others QBD 25-Jan-1995
A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required . .
CitedRegina (on the Application of Wainwright) v Richmond Upon Thames London Borough Council CA 20-Dec-2001
A local authority was under a statutory duty to consult before undertaking road improvements. Because of the chaotic mail administration systems, the consultation had been ruled unlawful. The council appealed.
Held: The council had in fact . .
CitedRegina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
CitedSave Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
CitedWhitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice Admn 2-Oct-2014
The claimants challenged the selection by the defendant of victims of meselothemia as a group were excluded from entitlement to the recovery of success fees and insurance premiums paid by successful claimants from unsuccessful defendants.
CitedMoseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .

Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Leading Case

Updated: 01 November 2021; Ref: scu.214221