Category: Local Government

Regina (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 failed in its duty to consult, but there was no possibility that its decision would have differed even if the consultation had been effective, and the plan was restored.

Lord Justice Henry, Lord Justice Clarke and Mr Justice Wall
Times 16-Jan-2002, Gazette 27-Feb-2002, [2001] EWHC Admin 1090, [2001] EWCA Civ 2062
Bailii, Bailii, Bailii
Road Traffic Regulation Act 1984 23
England and Wales
Citing:
Cited – 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 . .
Cited – 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 . .

Cited by:
Cited – Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .

Lists of cited by and citing cases may be incomplete.

Local Government, Road Traffic

Updated: 06 December 2021; Ref: scu.167373

BDW Trading Ltd (T/A Barratt Homes) and Another v Cheshire West and Chester Borough Council and Others: Admn 9 May 2014

The claimant challenged the decision of the respondent authorities to put the draft Tattenhall Neighbourhood Plan to a referendum

Supperstone J
[2014] EWHC 1470 (Admin)
Bailii
Planning and Compulsory Purchase Act 2004 36
England and Wales

Local Government, Planning

Updated: 03 December 2021; Ref: scu.525143

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 from – Cornwall 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 from – Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council SC 8-Jul-2015
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was . .

Lists of cited by and citing cases may be incomplete.

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 from – Thompson, 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 from – Walford 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 from – Hunt 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 from – Hunt 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 judgment – Hunt, 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

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

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 17 November 2021; Ref: scu.244705

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:
Cited – Steeples v Derbyshire County Council 1984
The Council owned park land which they wanted to develop as a leisure centre with recreational facilities. They agreed with a company who was to manage the development that they would undertake to use their best endeavours to obtain outline planning . .

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

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 17 November 2021; Ref: scu.244703

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

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 17 November 2021; Ref: scu.244704

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:
Cited – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Cited – Barkas 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 . .
Cited – Barkas, 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:
Cited – 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 . .

Cited by:
Cited – Regina (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 . .
Cited – Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .
Cited – X, 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 . .
Cited – Watkins-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

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 from – Capital 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. . .
Applied – 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 . .
See Also – Church 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. . .
Cited – Geddis 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 . .
Cited – East Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .

Cited by:
Cited – Mullaney 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 . .
Cited – Chief 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 . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
See Also – Church 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. . .
Cited – OLL 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 . .
Cited – Kent 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 followed – Burnett 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 . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .

Lists of cited by and citing cases may be incomplete.

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:
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – Land Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
Cited – Rhodes 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 . .
Cited – Camdex 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 . .
Cited – Pendragon 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 . .
Cited – JSC 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 . .
Cited – Crawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another PC 13-Jun-2013
(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and . .
Cited – Dransfield 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’.
Cited – Child 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 . .
Cited – Turnbull 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 from – Derbyshire County Council v Times Newspapers Ltd and Others CA 19-Apr-1992
In two issues of ‘The Sunday Times’ newspaper on 17 and 24 September 1989 there appeared articles concerning share deals involving the superannuation fund of the Derbyshire County Council. The articles in the issue of 17 September were headed . .
Approved – Attorney-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 Instance – Derbyshire County Council v Times Newspapers Ltd and Others QBD 1991
The defendant published articles suggesting links between the Council and certain businessmen. The Council sued in defamation. The defendant argued that a local authority should not be able to sue for defamation.
Held: Applying South Hetton, . .
Cited – South Hetton Coal Company Ltd v North Eastern News Association Limited CA 1894
The plaintiff company sued for defamation in respect of an article which alleged that it neglected its workforce. The defendants contended that no action for libel would lie on the part of a company unless actual pecuniary damage was proved.
Cited – National 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. . .
Cited – The 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: . .
Cited – Manchester 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 . .
Cited – Hector 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:
Cited – Regina 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 . .
Cited – Wainwright 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 . .
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Cited – Reynolds 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 . .
Cited – Jameel 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 . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Jameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .
Cited – Livingstone 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 . .
Cited – Callaghan 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 . .
Cited – Metropolitan 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 . .
Cited – Mohamed, 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 . .
Cited – Prebble 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 . .
Cited – Thornton 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 . .
Cited – Kelly (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 . .
Cited – Goldsmith 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 . .
Cited – Tilbrook 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 . .
Cited – Lord 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 . .
Cited – Kennedy 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 . .
Cited – Times 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 from – AW 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:
Cited – O’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:
Cited – Regina 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 . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Regina 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:
Cited – Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Cited – Watkins-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 . .
Cited – Eweida 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 . .
Cited – Johns 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 . .
Cited – McFarlane 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 . .
Cited – Buscarini 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, . .
Cited – Carson, 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 . .
Cited – Begum (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 . .
Cited – Secretary 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 . .
Cited – Lautsi 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, . .
Cited – Ladele 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:
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Central 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 . .
Cited – Doran v Liverpool City Council CA 3-Mar-2009
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act.
Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time . .
Cited – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Cited – London 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:
Cited – Legal 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

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:
Cited – I 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 . .
Cited – Regina (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 . .
Cited – Friends 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 . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – AA, 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:
Cited – Starrs 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.’ . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Cited – Zumtobel 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 . .
Cited – London Borough of Newham v Adan CA 14-Dec-2001
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority . .
Cited – ISKCON 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 . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – Bryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
Cited – In 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 . .
Cited – Kingsley 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 . .
Cited – Stefan v United Kingdom ECHR 1998
. .
Cited – X 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:
Cited – Brentwood 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 . .
Cited – Britain 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 . .
Cited – Kingston 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 . .
Cited – Hawkins v Edwards 1901
. .
Cited – Yates v Gates 1970
. .
Cited – Benson 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:
Cited – Attorney 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 . .
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Cited – Trustees 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 From – Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc Admn 15-Oct-1999
. .

Cited by:
Cited – K 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 . .
Cited – Stojak, Regina (on The Application of) v Sheffield City Council Admn 22-Dec-2009
The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that . .

Lists of cited by and citing cases may be incomplete.

Health, Benefits, Local Government

Leading Case

Updated: 10 November 2021; Ref: scu.174394

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:
Cited – Regina v Mayor of Plymouth 1896
Legislation was the only power that constituent councils had of controlling the expenditure of a fisheries committee, but any restrictions and conditions as to expenditure in connection with the appointment of a fishery officers had to be imposed . .
Cited – Regina 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:
Cited – Andrews, 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 . .
Cited – UBS 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 . .
Cited – Harvey, 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 . .
Cited – Solar 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. . .
Mentioned – Solar 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 . .
Cited – Attorney-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 . .
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Cited – Andrews, 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:
Cited – Lin, (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: . .
Cited – Raissi, 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:
Cited – Birmingham City Council v Ali and Others; Moran v Manchester City Council HL 1-Jul-2009
Homelessness Status Requires LA Action
The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 10 November 2021; Ref: scu.280137

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:
Cited – Rangeley 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 . .
Cited – Denaby 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 . .
Cited – Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
Cited – RFW 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 . .
Cited – Hammerton, 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:
Cited – Regina 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 . .
Cited – Regina (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 from – Hertfordshire County Council v Veolia Water Central Ltd QBD 19-Feb-2010
. .

Cited by:
Cited – Phillips 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 instance – 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 . .
Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Cited – Botta 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 . .
Cited – Anufrijeva 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 . .
Cited – Bernard, 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 from – McDonald, 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:
Cited – KM, Regina (on The Application of) v Cambridgeshire County Council SC 31-May-2012
The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health, Human Rights

Updated: 09 November 2021; Ref: scu.441501

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:
Distinguished – Regentford Ltd v Thanet District Council Admn 18-Feb-2004
The council sought to enforce payment of arrears of council tax. The company responded that proceedings had not been begun in time. The company contended that time ran from the day when the council set the precept. The regulations said that time ran . .
Cited – JJB 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 . .
Cited – North Somerset District Council v Honda Motor Europe Ltd and Others QBD 2-Jul-2010
Deleayed Rates Claims Service made them Defective
The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created . .

Lists of cited by and citing cases may be incomplete.

Rating, Local Government

Updated: 09 November 2021; Ref: scu.139794

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:
Cited – Elliott 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:
Cited – Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia ECJ 18-Nov-1999
AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 . .
Cited – 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 . .
Cited – Carbotermo 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. . .
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .

Lists of cited by and citing cases may be incomplete.

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:
Cited – Southwark, 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 from – G, Regina (on the Application of) v London Borough of Southwark CA 29-Jul-2008
. .
Cited – M, 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 . .
Cited – L, 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 . .
Cited – S, 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 . .
Cited – H 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 . .
Cited – Regina 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 . .
Cited – 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 . .
Cited – A, Regina (on the Application of) v Coventry City Council Admn 22-Jan-2009
. .
Cited – S, 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:
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .

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 Instance – Risk 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 Instance – Risk 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 from – Brent 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 . .
Cited – Teckal Srl v Comune di Viano, Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia ECJ 18-Nov-1999
AGAC was a corporate entity set up by a consortium of Italian local authorities to provide energy and environmental services to those participating. Prior to 1997 Teckal had supplied fuel to Viano and had serviced its heating systems. In May 1997 . .
Cited – Asociacion 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 . .
Cited – Asociaciacion 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 . .
Cited – Stadt 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
Cited – 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 . .
Cited – Oakley 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 . .
Cited – Carbotermo 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. . .
Cited – SEA 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 . .
Cited – Commission 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 . .
Cited – Asociacion 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 . .
Cited – Asociacion 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 . .
Cited – Coditel 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:
Cited – Tachie and Others v Welwyn Hatfield Borough Council QBD 13-Dec-2013
The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful.
Held: The company was a subsidiary of the Council, and the Teckal exception . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
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:
Cited – Kent 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 . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – Doctor 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 . .
Cited – Durham 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

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:
Cited – Bagshaw 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 . .
Cited – Homer 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 . .
Cited – Seekings 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’. . .
Cited – Torbay 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 . .
Cited – Ernstbrunner 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 . .
Cited – Harrison 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 . .
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Cited – Spice 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 . .
Cited – Redbridge 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. . .
Cited – Harvey 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 . .
Cited – Hampshire 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 . .
Cited – Burnside v Emerson CA 1968
A car crashed as a result of running into a pool of storm-water lying across the road. The pool had been caused by the authority’s failure properly to maintain the drainage system, which had become blocked.
Held: The claim succeeded. Diplock . .
Cited – Hertfordshire County Council v Bolden 9-Dec-1986
A court may allow a de minimis incursion over a public right of way. . .
Cited – Kind 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:
Approved – Kind 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 instance – 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 . .
Appeal From – McDonald, 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:
Cited – In 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 . .
Cited – Huang 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 instance – SL, 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 . .
Cited – Regina 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 . .
Cited – M, 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 . .
Cited – Adam, 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 . .
Cited – Regina (Wahid) v The London Borough of Tower Hamlets Admn 23-Aug-2001
The applicant sought assistance under the National Assistance Act, in the form of housing. He suffered mental illness and was vulnerable. It was argued that the Act imposed a duty on the authority which was regardless of its budgetary limitations. . .
Cited – Adam, 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 . .
Cited – Zarzour, 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.
Cited – Regina 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 . .
Cited – Regina (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 from – SL 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 . .
Cited – SO, 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:
Cited – Bydand 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 . .
Cited – Seawind 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 . .
Cited – In 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 . .
Cited – Montgomery 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

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:
Cited – Martin 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 . .
Cited – A 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 . .
Cited – Adams 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 . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .

Cited by:
Cited – References (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

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:
Cited – Tachie and Others v Welwyn Hatfield Borough Council QBD 13-Dec-2013
The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful.
Held: The company was a subsidiary of the Council, and the Teckal exception . .
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .

Lists of cited by and citing cases may be incomplete.

Local Government

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:
Cited – M, 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:
Cited – Redmond-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, . .
Cited – Secretary 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 . .
Cited – BAPIO 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 . .
Cited – National 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 . .
Cited – Meany 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 . .
Cited – Hurley 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 . .
Cited – Bracking 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 . . . .
Cited – Brown, 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 . .
Cited – Bailey 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. . .
Cited – Pieretti 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’. . .
Cited – Domb 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 . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

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 from – Rotherham 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. . .
Cited – Matadeen 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 . .
Cited – Michalak 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 . .
Cited – Carson, 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 . .
Cited – Ghaidan 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 . .
Cited – Regina v Secretary of State ex parte Hammersmith and Fulham London Borough Council HL 4-Oct-1990
16 local authorities joined together to challenge the bringing in of the community charge, and of rules giving central government a greater say over management of local finance by local authorities.
Held: Acts which are essentially political . .
Cited – Regina 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 . .
Cited – Franz 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:
Cited – Regina 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 . .
Cited – Bradley 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 . .
Cited – Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury Admn 15-Oct-2009
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation.
Held: The respondent’s rejection of the . .

Lists of cited by and citing cases may be incomplete.

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

Lists of cited by and citing cases may be incomplete.

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:
Cited – Re Law Society of Northern Ireland QBNI 9-Sep-2004
The Law Society of Northern Ireland sought an order to quash a letter from the new NI Legal Service Commission declining to implement the remuneration rates set by the Society. There had been no review of charging rates by the commission for some . .
Cited – Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .
Cited – 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 . .
Cited – Regina (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 . .
Cited – 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 . .
Cited – Save 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. . .
Cited – Whitston (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.
Cited – Moseley, 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

Westdeutsche Landesbank Girozentrale v Islington London Borough Council: HL 22 May 1996

Simple interest only on rate swap damages

The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could also award compound interest. It was clear law that the court had power to do so in the case of a breach of trust.
Held: Simple interest only was payable on a debt payable for an interest rate swap agreement which had been avoided as ultra vires the council’s powers. The failure of the swap agreement did not place the authority under any fiduciary duty to the claimants. A finding to that effect would create equitable interests with uncertain consequences for others. Accordingly simple interest only was payable. Parliament had made its intentions clear and it was not for the courts to create new situations in which compound interest would be awarded. ‘Although it is difficult to find clear authority for the proposition, when property has been obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity.’ An innocent recipient of property wrongfully obtained does not become a constructive trustee of it until receipt of knowledge of the claim in equity of the true owner.
HL Lord Goff said: ‘Claims in restitution are founded upon a principle of justice, being designed to prevent the unjust enrichment of the defendant: see Lipkin Gorman v Karpnale Ltd. [1991] 2 A.C. 548. Long ago, in Moses v Macferlan (1760) 2 Burr. 1005, 1012, Lord Mansfield C.J. said that the gist of the action for money had and received is that ‘the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money’. It would be strange indeed if the courts lacked jurisdiction in such a case to ensure that justice could be fully achieved by means of an award of compound interest, where it is appropriate to make such an award, despite the fact that the jurisdiction to award such interest is itself said to rest upon the demands of justice. I am glad not to be forced to hold that English law is so inadequate as to be incapable of achieving such a result. In my opinion the jurisdiction should now be made available, as justice requires, in cases of restitution, to ensure that full justice can be done. The seed is there, but the growth has hitherto been confined within a small area. That growth should now be permitted to spread naturally elsewhere within this newly recognised branch of the law. No genetic engineering is required, only that the warm sun of judicial creativity should exercise its benign influence rather than remain hidden behind the dark clouds of legal history.’
Lord Browne-Wilkinson said (obiter): ‘The argument for a resulting trust was said to be supported by the case of a thief who steals a bag of coins. At law those coins remain traceable only so long as they are kept separate: as soon as they are mixed with other coins or paid into a mixed bank account they cease to be traceable at law. Can it really be the case, it is asked, that in such circumstances the thief cannot be required to disgorge the property which, in equity, represents the stolen coins? Moneys can only be traced in equity if there has been at some stage a breach of fiduciary duty, i.e. if either before the theft there was an equitable proprietary interest (e.g. the coins were stolen trust moneys) or such interest arises under a resulting trust at the time of the theft or the mixing of the moneys. Therefore, it is said, a resulting trust must arise either at the time of the theft or when the moneys are subsequently mixed. Unless this is the law, there will be no right to recover the assets representing the stolen moneys once the moneys have become mixed.
I agree that the stolen moneys are traceable in equity. But the proprietary interest which equity is enforcing in such circumstances arises under a constructive, not a resulting, trust. Although it is difficult to find clear authority for the proposition, when property is obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity. Thus, an infant who has obtained property by fraud is bound in equity to restore it: Stocks v. Wilson [1913] 2 K.B. 235, 244; R. Leslie Ltd. v. Sheill [1914] 3 K.B. 607. Moneys stolen from a bank account can be traced in equity: Bankers Trust Co. v. Shapira [1980] 1 W.L.R. 1274, 1282C-E: see also McCormick v. Grogan (1869) L.R. 4 H.L. 82, 97′.
Lord Browne-Wilkinson explained the differences between institutional and remedial constructive trusts: ‘Under an institutional constructive trust, the trust arises by operation of law as from the date of the circumstances which give rise to it: the function of the court is merely to declare that such trust has arisen in the past. The consequences that flow from such trust having arisen (including the possibly unfair consequences to third parties who in the interim have received the trust property) are also determined by rules of law, not under a discretion. A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court.’

Lord Browne-Wilkinson, Lord Goff, Lord Woolf
Times 30-May-1996, [1996] 2 All ER 961, [1996] 2 AC 669, [1996] UKHL 12, [1996] 2 WLR 802, [1996] 5 Bank LR 341
Bailii
England and Wales
Citing:
Appeal from – Westdeutsche Landesbank Girozentrale v Islington London Borough Council CA 30-Dec-1993
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers.
Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap . .
Cited – Burdick v Garrick HL 1870
In the courts of Chancery, the statute of limitations would not apply when the person in a confidential relationship had got the property into his hands. A court presumes against the party against whom relief is sought that he has made that profit . .
Cited – Wallersteiner v Moir (No 2) CA 1975
The court was asked whether Moir would be entitled to legal aid to bring a derivative action on behalf of a company against its majority shareholder.
Held: A minority shareholder bringing a derivative action on behalf of a company could obtain . .
Applied – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .

Cited by:
Cited – Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
Cited – Islamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Cited – Bryce Ashworth v Newnote Ltd CA 27-Jul-2007
The appellant challenged a refusal to set aside a statutory demand, in respect of his director’s loan account with the respondent company, saying the court should have accepted other accounts to set off against that debt.
Held: A statutory . .
Cited – Sempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
Cited – Kommune and Another v DEPFA Acs Bank ComC 4-Sep-2009
Local authorities in Denmark sought to recover sums paid to the defendant banks for swap trading, saying that the payments had been outwith their powers. . .
Cited – Clarence House Ltd v National Westminster Bank Plc CA 8-Dec-2009
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard . .
Cited – Twentieth Century Fox Film Corp and Others v Harris and Others ChD 5-Feb-2013
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright.
Held: He did not. No such argument could be shown to have suceeded before. . .
Cited – Pindell v AirAsia CA 2011
Tomlinson LJ drew attention to the danger of attempting to draw parallels between an aircraft operating (dry) lease and some other more commonly litigated superficially similar instruments such as time charters of ships, where the legal incidents . .
Cited – Olympic Airlines Sa v ACG Acquisition XX Llc CA 17-Apr-2013
The parties disputed their mutual obligations under aircraft leasing agreements. The insolvent airline said that in signing to accept the condition of the aircraft on delivery, it had not created an estoppel against itself when the aircraft later . .
Cited – Bailey and Another v Angove’s Pty Ltd SC 27-Jul-2016
The defendant had agreed to act as the claimant’s agent and distributor of the claimant’s wines in the UK. It acted both as agent and also bought wines on its own account. When the defendant went into litigation the parties disputed the right of the . .
Cited – Filby v Mortgage Express (No 2) Limited CA 22-Jun-2004
Mr and Mrs Filby’s matrimonial home was charged to the Halifax. They also had an unsecured loan with the Midland Bank. Mr Filby sought to remortgage the matrimonial home with Mortgage Express. The mortgage advance was paid to solicitors who used . .
Cited – Akers and Others v Samba Financial Group SC 1-Feb-2017
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the . .
Obiter comments doubted – Shalson and others v Russo and others ChD 11-Jul-2003
Rimer J doubted obiter comments of Lord Brown-Wilkinson: ‘I do not find that an easy passage. As to the first paragraph, a thief ordinarily acquires no property in what he steals and cannot give a title to it even to a good faith purchaser: both the . .
Cited – Scott v Bridge and Others ChD 25-Nov-2020
Claim to recover money and property said to have been transferred by the claimant to the defendants or one or more of them. The money concerned came from a bank account belonging to the claimant. The property concerned consisted of two . .
Cited – Prudential Assurance Company Ltd v Revenue and Customs SC 25-Jul-2018
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties.
Issue I: does EU law require the tax credit to be . .
Cited – Fetch.AI Ltd and Another v Persons Unknown Category A and Others ComC 15-Jul-2021
Cryptocurrency Action
The claimants sought damages and other remedies saying that the unknown defendants had obtained access to the private key guarding their crypto currency assets, and then sold them at an undervalue, acquiring substantial profits for themselves in . .

Lists of cited by and citing cases may be incomplete.

Banking, Local Government, Equity

Leading Case

Updated: 01 November 2021; Ref: scu.90405

Lambeth London Borough Council v Thomas: CA 31 Mar 1997

There had been an agreement between Lambeth and Thames Water when Thames Water was still a public water authority and when Lambeth collected water rates properly so called from its tenants on behalf of the water authority. No evidence of it in writing remained. but it was found by the county court judge on the basis of the evidence in the case, and its essential outlines were found as facts. The tenant there, Mrs Thomas, was also a secure tenant who had failed to pay her water charges, which under her tenancy agreement were payable weekly together with her rent. A possession order was sought for some pounds 600 of water charges (and some pounds 100 of general rates). Her housing benefit had otherwise discharged all rent due from her. The judge regarded the water charges as rent, but refused to order possession on the basis that, although they were due, it would not be reasonable, at least normally, to use a possession order as a sanction to enforce payment of water charges for water supplied by a privatised third party.
Held: Water rates paid on by council ‘touched and concerned’ land and were recoverable as rent.
Mance J said: ‘The position is thus that the Council had at all material times the power to enter into an agreement for the collection and recovery by the Council on behalf of the water authority or company of any water charges payable or fixed for the supply of water by the water authority or company, at least in the Council’s area. The Judge, after hearing evidence, was satisfied that the Council had entered into such an agreement, currently with Thames Water Utilities Limited, whereby the Council ‘undertook to collect money from each tenant’. He described the origins of the agreement as ‘lost in the mists of time’, but set out certain of its characteristics which are worth mention. The Council, consistently with the statutory language, claims and seeks to collect from its tenants the amounts fixed by the water company in respect of their particular properties. The discounted lump sum is arrived at by negotiation and is based on the total water charges for all relevant Council properties, less a discount to take account of unoccupied premises and the costs of collection. Presumably, although this is not stated, the discount also takes account of the risks of non-recovery, since it appears that the Council undertakes to pay the water company the discounted lump sum, irrespective of what it recovers from its tenants. We were told that the discounting means in practice, and is designed to mean, that the Council achieves for the benefit of its housing revenue account a surplus through collecting on behalf of Thames Water Utilities Limited more by way of water charges than the amount for which the Council actually has to account to that company. It is always open to an agent to contract on such a basis, and I see no objection in the present statutory context to the arrangement made between the Council and the water company. Any surplus accruing to the Council’s housing account (which has been ‘ring-fenced’ under the relevant legislation throughout the 1990s) ensures [sc ensures] to the benefit of all its tenants, since it enables the Council to keep rents down . . The effect of the agreement between the Council as landlord and Mrs Thomas as tenant has been at all times such as to entitle the Council to claim from her the water rate or charges which the Council has arranged with the water authority or company to collect’ and
‘In the present case, the water charges are due from the tenant as occupier of the demised premises and a user of water there. Although the water supplies are made by the water company to Mrs Thomas and the statutory framework envisages the collection of the water charges by the Council on behalf of the water authority or company, the practical effect of the agreements made (a) between the Council and the water company and (b) the Council and Mrs Thomas is that Mrs Thomas answers for the water charges to the Council while the Council takes care of them vis-s-vis the water company. It was explained to us that this system not only provides a potential surplus in the Council’s housing account, to the benefit of all tenants including Mrs Thomas, it also corresponds with the Council’s policy that tenants who are less well off and, in some cases perhaps, less capable of looking after their own affairs should be protected from the risk of having their basic utilities cut off, due to failure to meet relevant charges. Some housing associations have, we were told, made similar arrangements, and the Council itself has some similar arrangements in relation to the supply of electricity and gas. There may be council tenants who do not approve or appreciate the policy or the making of such arrangements for their benefit, but the legislation clearly empowers it and the Council is clearly entitled to adopt such a policy. Where it has done so and has implemented it in the way described for the benefit of itself and its tenants, the resulting obligation on a tenant to pay to the Council the water charges must in my view be regarded as touching and concerning the demised house, and as an ‘obligation of the tenancy’, even if it is not anyway rent.’

Kennedy LJ, Mance J
Times 31-Mar-1997, (1997) 30 HLR 89
England and Wales
Cited by:
Cited – Rochdale Borough Council v Dixon CA 20-Oct-2011
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Local Government, Utilities

Leading Case

Updated: 01 November 2021; Ref: scu.82907

Coditel 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 society – Obligation of transparency – Conditions – Whether the control exercised by the concession-granting authority over the concessionaire is similar to that exercised over its own departments.
‘Indeed, a public authority has the possibility of performing the public interest tasks conferred on it by using its own administrative, technical and other resources, without being obliged to call on outside entities not forming part of its own departments (Stadt Halle, para 48).
49. That possibility for public authorities to use their own resources to perform the public interest tasks conferred on them may be exercised in cooperation with other public authorities . .’
And ‘According to the case law, the control exercised over the concessionaire by a concession-granting public authority must be similar to that which the authority exercises over its own departments, but not identical in every respect (see, to that effect, Parking Brixen, para 62). The control exercised over the concessionaire must be effective, but it is not essential that it be exercised individually.
Secondly, where a number of public authorities elect to carry out their public service tasks by having recourse to a municipal concessionaire, it is usually not possible for one of those authorities, unless it has a majority interest in that entity, to exercise decisive control over the decisions of the latter. To require the control exercised by a public authority in such a case to be individual would have the effect of requiring a call for competition in the majority of cases where a public authority seeks to join a grouping composed of other public authorities, such as an inter-municipal cooperative society.
Such a result, however, would not be consistent with Community rules on public procurement and concession contracts. Indeed, a public authority has the possibility of performing the public interest tasks conferred on it by using its own administrative, technical and other resources, without being obliged to call on outside entities not forming part of its own departments (Stadt Halle, para 48).
That possibility for public authorities to use their own resources to perform the public interest tasks conferred on them may be exercised in cooperation with other public authorities (see, to that effect, Asemfo, para 65).
It must therefore be recognised that, where a number of public authorities own a concessionaire to which they entrust the performance of one of their public service tasks, the control which those public authorities exercise over that entity may be exercised jointly.’

[2008] ECR I-8457, [2008] EUECJ C-324/07
Bailii
European
Cited by:
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .

Lists of cited by and citing cases may be incomplete.

Local Government, Commercial

Updated: 01 November 2021; Ref: scu.277858

Porter and Weeks v Magill: HL 13 Dec 2001

Councillors Liable for Unlawful Purposes Use

The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be unlawful and leave the authority unable to meet its statutory duties. They complained that the auditor was biased.
Held: They had used powers given to them for the sale of council houses for unlawful purposes, and had known this was unlawful. Accordingly they were properly made liable to make good the financial losses suffered by the council. It was misconduct in a councillor to exercise or be party to the exercise of such powers otherwise than for the public purpose for which they were conferred.
The defendants said that the auditor who had conducted the investigation and prosecution was to be seen as biased, as to which Lord Hope of Craighead said: ‘It was suggested that the auditor’s mode of appointment gave rise to bias. The test of this is whether the circumstances were such that a fair-minded and informed observer might think there was a real possibility that the tribunal was biased. That did not apply here. As to the issue of delay, time for this purpose should run from the institution of proceedings until its final disposal.’
Lord Hope approved a statement that a court assessing whether there had been bias, should take all relevant circumstances into account: ‘The ultimate question is whether the proceedings in question were and were seen to be fair. If on examination of all the relevant facts, there was no unfairness or any appearance of unfairness, there is no good reason for the imaginary observer to be used to reach a different conclusion.’

Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Hobhouse of Woodborough and Lord Scott of Foscote
Times 13-Dec-2001, [2001] UKHL 67, [2002] 2 WLR 37, [2002] 2 AC 357, [2002] 1 All ER 465, [2001] NPC 184, [2002] HRLR 16, [2002] LGR 51
House of Lords, Bailii
Local Government Finance Act 1982 20
England and Wales
Citing:
Cited – In 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 . .
Appeal From – Weeks v Magill and Dame Porter v Magill CA 30-Apr-1999
Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper. . .
Modified – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – In 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 . .

Cited by:
Cited – Taylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
Cited – Mason, Wood, McClelland, Tierney v Regina CACD 13-Feb-2002
The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged . .
Cited – Taylor v Williamsons (a Firm) CA 17-Jul-2002
The judge concluded hearing evidence, and requested counsel to make their submissions before a certain date. Before that date, and forgetful of his request, he issued his judgement. On realizing his mistake, he withdrew his judgment. The claimant . .
Cited – Sengupta v Holmes and Others, Lord Chancellor intervening CA 31-Jul-2002
The appellant had applied for leave to appeal to a single judge, who had refused the application. He appealed and was granted leave by two judges. He then objected when the single judge who had refused leave was included in the panel of judges to . .
Cited – AA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
Cited – Regina v Smith (Lance Percival) CACD 19-Feb-2003
The defendant argued that the judge should have ensured that some members of the jury were black. He was a black man being tried by an all white jury, with a white victim and white witnesses.
Held: The judge had no part to play in the . .
Approved – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Perch, Dennie and Commissiong v The Attorney General of Trinidad and Tobago PC 20-Feb-2003
PC (Trinidad and Tobago) The postal system had been transferred to a company. Employees complained that they had been public servants and had lost privileges associated with that employment, and provisions of the . .
Cited – Aaron v The Law Society (the Office of the Supervision of Solicitors) QBD 13-Oct-2003
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have . .
Cited – PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
Cited – Pilar Aida Rojas v Brian Berllaque PC 10-Nov-2003
PC (Gibraltar) The system of selecting a criminal jury obliged men to be available for selection, but women could choose not to be on the role of jurors. The result was that jury lists and juries were almost . .
Cited – Cairnstores Ltd Generics (UK) Ltd and Another v Aktiebolaget Hassle CA 22-Oct-2002
Two patents had been invaildated for obviousness. They related to coatings on medicinal pills. The patent holder said the judge’s interruptions indicated bias.
Held: The sumissions were unjustified. The interventions were by no means . .
Cited – Singh v The Secretary of State for the Home Department for Judicial Review OHCS 24-Dec-2003
The applicant complained that the adjudicator who had heard his asylum appeal in 1997 had not been sufficiently independent.
Held: The tribunal lacked what had come to be called ‘structural independence’ The common law test for impartiality . .
Cited – Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
Cited – Lodwick v London Borough of Southwark CA 18-Mar-2004
The claimant alleged bias on the part of the employment appeal tribunal chairman hearing his appeal. The chairman refused to stand down, saying that he was only one of three tribunal members with an equal vote. The chairman had four year’s . .
Cited – Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Cited – Meerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
Cited – Scrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
Appeal From – Porter v United Kingdom ECHR 2003
A large surcharge imposed on the applicant was compensatory, not punitive. The criminal limb of article 6 was not engaged. . .
Cited – R, Regina (on the Application of) v Durham Constabulary and Another HL 17-Mar-2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable . .
Cited – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
Cited – Gillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
Cited – Morrison and Another v AWG Group Ltd and Another CA 20-Jan-2006
The defendants requested the judge to recuse himself because one witness was well known to the judge. He declined, saying that arrangements had been made for him not to be called. The defendant appealed.
Held: There was no allegation of actual . .
Cited – Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
Cited – National Assembly for Wales v Condron and Another CA 27-Nov-2006
The objector had successfully challenged a planning decision saying that a remark by the chairman of the planning committee demonstrated bias and an effective pre-determination of the decision. The committee supported by the developer appealed.
Cited – Paul and others v Deputy Coroner of the Queen’s Household and Another Admn 2-Mar-2007
The applicants sought judicial review of preliminary directions given for the intended inquest on the deaths of Diana Princess of Wales and of Dodi Al Fayed. It was submitted that the jurisdiction had been wrongly transferred to the Queen’s Coroner . .
Cited – Pintori, Regina v CACD 13-Jul-2007
The defendant appealed his conviction for possession of class A drugs, saying that the drugs found had belonged to somebody who had stayed at his flat whilst he had been away. One of the jurors later told a police officer that she had known through . .
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Cited – Armchair Passenger Transport Ltd v Helical Bar Plc and Another QBD 28-Feb-2003
Objection was made to the use of an expert witness who had formerly been a senior employee of the defendant.
Held: The court set out criteria for testing the independence of a proposed expert witness: ‘i) It is always desirable that an expert . .
Cited – Helow v Secretary of State for the Home Department and Another HL 22-Oct-2008
The appellant, a Palestinian, challenged the involvement of Lady Cosgrove as a judge in her case, saying that Lady Cosgrove’s involvement as a jew in pro-Jewish lobby organisations meant that there was an appearance of bias. The applicant had sought . .
Cited – Duffy, Re HL 30-Jan-2008
The claimant sought judicial review of a decision to appoint two new members to the parades commission. His request succeeded at first instance, but had failed on appeal. He complained that letters inviting proposals for membership were sent to . .
Cited – Tuntum Housing Association v Aryeetey EAT 12-Oct-2007
EAT Time Limits – Reasonably practicability
Practice and Procedure – Bias, misconduct and procedural irregularity
Chairman’s mistake as to necessity for further claim following Claimant’s solicitors . .
Cited – Mitcham v The Queen PC 16-Mar-2009
(Saint Christopher and Nevis) The applicant appealed against his sentence of death following his conviction for murder. He had been granted a stay of execution pending the appeal to the board and had since been given leave to appeal against . .
Cited – Vanttinen-Newton v The GEO Group UK Ltd EAT 23-Jul-2009
EAT UNFAIR DISMISSAL
The Claimant was head chaplain at an immigration removal centre. He was dismissed for giving an unauthorised interview broadcast on a local radio religious broadcast and because ‘there . .
Cited – Heald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
Cited – Regina v KS CACD 17-Nov-2009
The jury had been discharged by the judge after finding jury tampering, and he decided to continue alone. The jury had not known of the earlier convictions of others involved in the alleged conspiracy, but the judge did and he had made reference to . .
Cited – McKeown v British Horseracing Authority QBD 12-Mar-2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. . .
Cited – Tibbetts v The Attorney General of The Cayman Islands PC 24-Mar-2010
(Cayman Islands) The defendant appealed against his conviction for money laundering, alleging apparent bias in a juror who was said to have been acquainted with one witness.
Held: The appeal failed. The juror had correctly replied to the . .
Cited – Ew v Director of Public Prosecutions and Others CA 11-Feb-2010
The claimant was subject to an order requiring him to obtain leave before commencing any civil proceedings. He commenced a private prosecution which the respondent later decided to take over and discontinue. He sought judicial review of that . .
Cited – Watson v University of Strathclyde EAT 1-Feb-2011
EAT UNFAIR DISMISSAL – Constructive dismissal
Apparent bias. Whether Employment Tribunal had erred in failing to find that there was apparent bias where a member of the panel (the University Secretary) . .
Cited – Kaur, Regina (on The Application of) v Institute of Legal Executives Appeal Tribunal and Another CA 19-Oct-2011
The claimant appealed against rejection of judicial review of a finding that she had effectively cheated at a professional examination for the Institute. She compained that the presence of a director and the council’s vice-president of the Institute . .
Cited – Oni v NHS Leicester City EAT 12-Sep-2012
Oni_LeicesterEAT2012
EAT PRACTICE AND PROCEDURE – Costs
The Employment Tribunal should have recused itself from hearing an application for costs, given opinions which it expressed when giving reasons for deciding the case . .
Cited – In re A (A Child) SC 12-Dec-2012
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence . .
Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Cited – Otkritie International Investment Management and Others v Urumov CA 14-Oct-2014
The claimants brought proceedings against several defendants. There had been a series of hearings conducted by a single judge leading to findings that several defendants had been involved in a fraud. The defendants sought recusal of that judge . .
Cited – Virdi v The Law Society of England and Wales and Another CA 16-Feb-2010
The claimant solicitor complained that in disciplinary proceedings brought against him by the respondent, the clerk to the tribunal had drafted the judgment, even though she had been an emloyee of the respondent.
Held: The description of the . .
Cited – Hewitt, Regina (on The Application of) v Denbighshire Magistrates’ Court Admn 22-Oct-2015
The claimant, a hunt protester appealed against her conviction for harassment saying that the judge had given the appearance of being biased. He had, on being asked denied being a member of the hunting community. She said that he had whilst in . .
Cited – Singh v The Secretary of State for The Home Department CA 27-May-2016
The claimant said that the Judge in the first Tier Tribunal had made remarks before the hearing which suggested bias against the claimant.
Held: The appeal failed. There was in this case no adequate evidence of the tribunal having shown . .
Cited – London Borough of Southwark, Regina (on The Application of) v London Fire and Emergency Planning Authority and Another Admn 15-Jul-2016
There had been a substantial and lethal fire. The Borough challenged a decision by the defedant to retain to itself the prosecution of possible offenders, saying that the defendant might possibly be itself subject to criticism.
Held: The . .
Cited – Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz CA 16-Jun-2016
The appellant challenged an order made in favour of his wife in proceedings to enforce a contract between them. He alleged that there had been no contract, and bias in the judge. The appellant had not attended to allow cross examination because as a . .
Cited – Re West CACD 17-Jul-2014
W, a barrister, appealed against a conviction for contempt of court. He had declined to comply with the directions asked of him by the judge at a pre-trial hearing, saying that the client’s instructions that he was not guilty were sufficient. He was . .
Cited – Hayden v Associated Newspapers Ltd QBD 11-Mar-2020
The claimant alleged defamation by the defendant, and the court now considered the meanings of the words complained of. Another person had been held by police for seven hours after identifying the claimant as a transgendered man.
Held: The . .
Cited – Ameyaw v McGoldrick and Others QBD 6-Jul-2020
Recusal Refused – former Pupil Master
Request for recusal – the judge was said to have been a member of the same chambers as counsel for the claimant and had been his mentor.
Held: Refused: ‘It was untenable to contend that there was an appearance of bias in circumstances where . .

Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights, Natural Justice

Leading Case

Updated: 01 November 2021; Ref: scu.167009

Birmingham City Council v Ali and Others; Moran v Manchester City Council: HL 1 Jul 2009

Homelessness Status Requires LA Action

The House considered appeals challenging whether local authorities who gave unacceptable housing to the homeless had satisfied their obligations to them as homeless people. What was meant by the phrase ‘accommodation which it would be reasonable for him to continue to occupy’? In the Birmingham cases large families had been temporarily housed in accommodation which was too small, and in the Manchester case a mother having rejected the unsatisfactory temporary accommodation had been deemed intentionally homeless.
Held: Parliament did not intend that a woman who left her violent partner and found temporary shelter in a women’s refuge should no longer be considered homeless. The refuge was a mere staging post until she had decided where to go from there. However, it is proper for a local authority to decide that it would not be reasonable for a person to continue to occupy the accommodation which is available to him or her, even if it is reasonable for that person to occupy it for a little while longer, if it would not be reasonable for the person to continue to occupy the accommodation for as long as he or she will have to do so unless the authority take action.
It was lawful for Birmingham to decide that an applicant is homeless because it is not reasonable for him to remain in his present accommodation indefinitely but to leave him there for the short term. We would not agree that it is lawful for them to leave such families where they are until a house becomes available under the council’s allocation scheme. The present accommodation may become unsuitable long before then. In the Manchester case the decision that Mrs Moran was intentionally homeless was quashed.

Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury
[2009] UKHL 36, Times 07-Jul-2009, [2009] NPC 88, [2009] 1 WLR 1506, [2009] PTSR 1270, [2009] 4 All ER 161, [2009] BLGR 749
Bailii
Housing Act 1996 193(2), Housing (Homeless Persons) Act 1977
England and Wales
Citing:
Preferred – Codona v Mid-Bedfordshire District Council CA 15-Jul-2004
A homeless gypsy caravan dweller applied for housing. The authority offered temporary bed and breakfast accomodation. She complained that she had an aversion to living in bricks and mortar.
Held: The authority had discharged its function. The . .
Cited – Paterson v Commissioner of Police of the Metropolis EAT 23-Jul-2007
EAT PART TIME WORKERS
A police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he . .
Cited – Aweys and Others, Regina (on the Application Of) v Birmingham City Council Admn 26-Jan-2007
The applicant complained that the respondent’s housing allocation policies were unlawful, giving priority to those who were homeless or in temporary accommodation over those it had been found to be in overcrowded conditions.
Held: The policy . .
Not preferred – Birmingham City Council v Aweys and others CA 7-Feb-2008
If accommodation is not reasonable for a person to occupy, it is not suitable for him. Arden LJ said: ‘homelessness is a large social problem directly and substantially affecting the lives of many people in the UK, and those who depend on them, . .
Cited – Regina v London Borough of Ealing Ex parte Sidhu 2-Jan-1982
The applicant, in flight from domestic violence, had gone with her two young children, to stay in a women’s refuge. The local authority argued that she was not homeless because she had accommodation available to her in the refuge.
Held: The . .
Cited – Regina v Waveney District Council ex parte Bowers 25-May-1982
The applicant sought judicial review of a decision that he was not homeless under section 1 of the Act. For 15 months he had been using a night shelter in Lowestoft. It was an unheated dormitory in a derelict building. It was empty and closed . .
Cited – Regina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
Cited – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009
The claimant wished to be rehoused by the defendant authority. He complained that their allocations policy was unlawful. Once an applicant was deemed in priority need, he entered a pool if such persons and houses were allocated (save in extreme . .
Cited – Regina v Brent London Borough Council Ex Parte Awua HL 6-Jul-1995
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided . .
Cited – Stewart v London Borough of Lambeth CA 26-Apr-2002
The local authority said that the claimant, having been sentenced to a term of five years imprisonment for drugs offences, had made himself intentionally homeless within the section. While in prison, he was evicted from the flat for non-payment of . .
Cited – 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 . .
Appeal from – Manchester City Council v Moran and Another; Richards v Ipswich Borough Council CA 17-Apr-2008
The two applicants had occupied a women’s refuge. They appealed against a refusal to consider them as homeless when they acted in such a way as to be evicted from the refuge, saying that the refuge did not constitute ‘accommodation . . which it . .
Cited – B, Regina (on the Application Of) v Southwark Admn 4-Jul-2003
A young offender was to be released subject to being tagged. He wished to apply for housing.
Held: The claimant should be considered homeless. He had ‘no accomodation available for his occupation’ under the Act. Prison was not a right to . .
Cited – Mohamed v Hammersmith and Fulham London Borough Council HL 1-Nov-2001
Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under . .

Cited by:
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Cited – ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
Cited – Haile v London Borough of Waltham Forest SC 20-May-2015
‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that ‘an applicant is homeless, . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 01 November 2021; Ref: scu.368923

Montgomery, Regina (on the Application of) v Hertfordshire County Council: Admn 2 Sep 2005

The applicant, a former senior employee sought review of an order banning her from all the respondent’s premises. She had left the employment after a settlement, but the order would make it impossible to continue the work she had later taken up.
Held: The appeal succeeded. Nicholas Blake QC said: ‘where there is an interface of public and private law then the minimum requirement on the council is to act fairly and act fairly means giving the person against whom the action contemplated is to be taken an effective opportunity, before the action is taken, to make representations upon the reasons for the action, the extent of the action, the impact upon him or her of the action, and taking those considerations into account before the council commit themselves to a decision which it may well be difficult to review thereafter. ‘ The authority had not acted fairly.

Nicholas Blake QC
[2005] EWHC 2026 (Admin), [2006] IRLR 787
Bailii
England and Wales
Citing:
Cited – Wandsworth London Borough Council v A CA 20-Jan-2000
A was a parent of a child. The school complained of A’s behaviour when visiting the school, and was refused a licence to enter the premises without being accompanied. The behaviour continued, and an injunction was obtained.
Held: The order was . .
Cited – Regina v Broxtowe Borough Council ex parte Bradford CA 2000
A tennis coach wanted employment with the borough council as a coach. It made inquiries of another council and found that he had been suspected of improper conduct towards young girls. It not only refused him a job but imposed a ban upon him . .
Cited – Regina v Brent London Boriugh Council, ex parte Assegai 1987
A committee of the Borough resolved to ban Mr Assegai, who had been involved in a fracas and had made offensive remarks to two Councillors, from visiting any of the Borough’s properties. The resolution also purported to remove him from his . .

Lists of cited by and citing cases may be incomplete.

Local Government, Administrative, Employment

Updated: 01 November 2021; Ref: scu.230393

Kruse v Johnson: QBD 16 May 1898

The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge which is unfounded, because based upon an ultra vires byelaw or administrative decision, may challenge that decision. Where an authority which is clothed with statutory powers orders something to be done and accompanies this with some sanction or penalty for a failure to do it, this restricts the freedom of action by persons who are affected by it, who would otherwise be free to do as they pleased. Legislation of this kind ought to be supported if possible, looking to the character of the body which is legislating, the subject matter and the nature and extent of the authority which is given to the body to legislate in matters of this kind.
Lord Russell of Killowen said as to powers exercised by private bodies: ‘the court should jealously watch the exercise of these powers, and guard against their unnecessary or unreasonable exercise to the public disadvantage, bearing in mind that their primary purpose is to make money for its shareholders’.
He defined a by-law as: ‘an ordinance affecting the public, or some portion of the public, imposed by some authority clothed with statutory powers ordering something to be done or not to be done, and accompanied by some sanction or penalty for its non-observance.’
As to by-laws, he said that: ‘an oppressive, gratuitous interference with personal rights and freedoms devoid of rational justification would be unreasonable and ultra vires but a by-law was not unreasonable ‘merely because particular judges may think that it goes further than is prudent or necessary or convenient, or because it is not accompanied by a qualification or an exception which some judges may think ought to be there” and ‘[when] called upon to consider the by-laws of public representative bodies clothed with . . ample authority . . and exercising that authority accompanied by . . checks and safeguards . . the consideration of such by-laws ought to be approached from a different standpoint. They ought to be supported if possible. They ought to be, as has been said, ‘benevolently’ interpreted and credit ought to be given to those who have to administer them that they will be reasonably administered . . I think courts of justice ought to be slow to condemn as invalid any by-law so made under such conditions, on the ground of supposed unreasonableness.’
Mathew J (dissenting) included certainty among the conditions of validity of a by-law.

Lord Russell of Killowen CJ, Mathew J
[1898] 2 QB 91, [1895-99] All ER 105, [1898] UKLawRpKQB 101
Commonlii
England and Wales
Cited by:
Cited – Regina v Reading Crown Court, Ex parte Hutchinson QBD 1988
A defendant to a charge brought under a byelaw is entitled to raise the question of the validity of that byelaw in criminal proceedings before magistrates or the Crown Court, by way of defence. There was nothing in the statutory basis of the . .
Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi Admn 25-Oct-1996
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
Cited – Regina v Secretary of State for Environment, Transport and the Regions and Heathrow Airport Limited ex parte Brian Scott and others Admn 30-Mar-1999
The appellants were taxi drivers who said that the byelaw under which they were convicted was invalid, saying that they had not been properly advertised.
Held: ‘the degree of availability of the byelaws is not a reason for impugning the . .
Cited – Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another SC 25-Feb-2015
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised . .
Cited – Broads Authority v Fry Admn 5-Nov-2015
The boat owner had charged tolls against the respondent boat owner. He failed to pay saying that his vessel being moored at a private mooring on ‘adjacent water’ he was not liable. His appeal against his conviction had succeeded at the Crown Court, . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .

Lists of cited by and citing cases may be incomplete.

Administrative, Crime, Local Government

Leading Case

Updated: 01 November 2021; Ref: scu.187071

Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020

Appropriation was not in sufficient form

The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed.
Held: The appeal failed. The use of the word appropriation in the Council minutes had not had the effect of a full statutory appropriation to the sole purpose claimed, and was not accompanied by expected accounting records. While ‘it is not necessary for an appropriation to be recorded in a resolution which uses that very word. But when all the various points are taken together, particularly the contrast between what happened in the 1930s and what happened in the 1950s, I come to the reluctant conclusion that the judge’s decision cannot stand . . the minute of 9 December 1935 was not an appropriation in the sense in which that expression is used in local government law (and in particular in section 8 of the Allotments Act 1925). It follows that the consent of the Secretary of State was not needed before the council took its decision to appropriate the land for educational purposes.

Lord Justice Lewison
[2020] EWCA Civ 154
Bailii
Allotments Act 1925 8, Land Settlement (Facilities) Act 1919, Local Government Act 1972 122(1), Small Holdings and Allotments Act 1908 25, Local Government Act 1933 163
England and Wales
Citing:
Cited – Attorney-General v Hanwell Urban District Council 1900
Where a local authority acquires land for one purpose, it cannot use the land for a different purpose unless authorised to do so by statute. The property had actually been conveyed to the council but the council was restrained from using the . .
Cited – Dowty Boulton Paul Ltd v Wolverhampton Corporation (No 2) 1976
The right to take-off and land airplanes on an airfield enabled the dominant owners to step in and mow the field sufficient to create and maintain runways when the servient owners discontinued its use as an airfield. This was held not to amount to . .
Cited – Regina v Leeds City Council 1997
The Court was asked whether land had been appropriated for planning purposes.
McCullough J said: ‘I do not find the concept of ‘appropriation’ easy to grasp, since land which is ‘appropriated’ is already in the council’s ownership. More must . .
Cited – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Cited – Malpass, Regina (on The Application of) v The County Council of Durham Admn 25-Jul-2012
The question was whether the council held land as open space, either under the Public Health Act 1875 or under the Open Spaces Act 1908. The title deeds under which the council acquired the land in 1936 did not state the purpose for which it had . .
Cited – Barkas 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 . .
Cited – Snelling and Another v Burstow Parish Council CA 12-Nov-2013
Appeal by allotment holders against rejection of objection to proposed sale of allotments for development.
Held: The requirement under section 8 of the 1925 Act to obtain the Minister’s consent does not apply to all land which is in fact used . .
Cited – Barkas, 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 . .
Appeal From – Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council Admn 9-May-2019
The Court was asked whether the defendant local authority (the council) was obliged to obtain the consent of the minister before deciding to dispose of certain land in its area currently in use as allotments by the claimant, Mr Adamson, and others. . .
Cited – Goodman, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 30-Jul-2015
The local council had acquired land for open space purposes. It subsequently appropriated the land for industrial and employment purposes. But the land continued to be used for recreation. On an application to register the land as a town or village . .
Cited – Lancashire County Council v The Secretary of State for The Environment, Food and Rural Affairs and Another Admn 27-May-2016
Ouseley J he said that he would have arrived at a different conclusion from the Inspector as to the purpose for which the Authority had acquired the land at issue; but considered that that did not entitle him to interfere with the inspector’s . .
Cited – Lancashire County Council, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs and Another CA 12-Apr-2018
The court was asked: ‘Did the concept of ‘statutory incompatibility’ defeat an application for the registration of land as a town or village green under section 15 of the Commons Act 2006? ‘ At first instance, the judge had held that he could not . .
Cited – Ramsgate Town Council v Thanet District Council ChD 9-Nov-2018
The question at the heart of this matter is what is needed to constitute an effective appropriation of land from one designated use to another, and in particular from designated use as allotment land to land able to be used for other purposes. The . .
Cited – Lancashire County Council, Regina (on The Application of) v SSEFRA and Another SC 11-Dec-2019
‘The principal issue in these two appeals relates to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for . .
Cited – In Re Edis’ Declaration of Trust 1972
The Artists’ Rifles took a building lease of land in 1888, on which they constructed a drill hall financed at least in part by public subscription. They acquired the freehold 10 years later. The drill hall remained in use for some 70 years, and . .
Cited – Day, Regina (on The Application of) v Shrewsbury Town Counci and Another Admn 19-Dec-2019
The court was asked whether the council held land as public open space. Its predecessor had acquired the land for that purpose in 1926, and had used it as such. During the war, part of the land had been temporarily appropriated for allotment . .
Cited – DB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .

Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 01 November 2021; Ref: scu.648241