Category: Local Government

Richmond on Thames London Borough Council v Attorney-General: 1982

Citations:

(1982) 81 LGR 156

Jurisdiction:

England and Wales

Cited by:

Cited – Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia) ChD 31-Jul-2002
Land was conveyed to the Council’s predecessor on condition that it be left available for use for sports and similar recreations, and left as an open space. It was now sought to develop the land as a home for a football club. The Council sought . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 23 November 2022; Ref: scu.183316

Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003

The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings.
Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly different. The court laid out a procedure to be followed which would allow substitution of the new landlord.

Judges:

Lord Justice Peter Gibson Lord Justice Waller And Lord Justice Jonathan Parker

Citations:

[2003] EWCA Civ 496, Times 17-Apr-2003, Gazette 19-Jun-2003

Statutes:

Civil Procedure Rules

Jurisdiction:

England and Wales

Citing:

Cited – Kelsey Housing Association Ltd v King and Another CA 8-Aug-1995
The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement . .
Cited – Manchester City Council v Finn CA 2002
The court was concerned with the ‘secure’ tenancy regime and the proper approach to the 1985 Act. The court took a ‘purposive approach’ in considering whether to allow the making of an amendment to a conditional possession order on the basis of new . .
Mentioned – Mountain v Hastings CA 16-Apr-1993
The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord intends to seek possession on grounds . . in Schedule 2 to the Housing Act 1988, which reads: Give the full text of each ground which is being relied on. . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Civil Procedure Rules

Updated: 23 November 2022; Ref: scu.181310

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, including young children. The causes are no doubt manifold: they include not only poverty but relationship breakdown and the shortage of suitable and affordable accommodation in the private sector.’

Judges:

Ward LJ, Arden LJ

Citations:

[2008] EWCA Civ 48, [2008] 1 WLR 2305, [2008] 2 FCR 474, [2008] HLR 32, [2008] Fam Law 407, [2008] 1 FLR 1025

Links:

Bailii

Statutes:

Housing Act 1996

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .

Cited by:

Cited – 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 – Muse v London Borough of Brent CA 19-Dec-2008
The court was asked whether the section 193 duty to provide housing was lost after the applicant had refused alternative temporary accommodation. The applicant had been granted temporary accommodation, but her family grew and it became too small. . .
Not preferred – 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: 22 November 2022; Ref: scu.264121

Lawrence v Pembrokeshire County Council: CA 15 May 2007

The claimant complained of the negligence of the defendant council’s social worker’s in putting her four children into care. The Ombudsman had found the council guilty of maladministration and had awarded her andpound;5,000 for distress.
Held: The only difference in law between this case and JD -v- Berkshire was the coming into effect of the Human Rights Act. Article 8 required the authority to justify its interference in the claimant’s family life, but the coming into direct effect of human rights law did not undermine the public policy which gave primacy to the need to protect children. Though social workers had a continuing duty to act professionally and acknowledge all the interests at stake, but did not create a separate duty of care to te claimant in negligence.

Judges:

Auld LJ, Scott Baker LJ, Richards LJ

Citations:

Times 29-May-2007, [2007] EWCA Civ 446, [2007] 1 WLR 2991

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

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

Human Rights, Children, Local Government, Negligence

Updated: 22 November 2022; Ref: scu.252320

Regina v Powys County Council ex parte Hambridge: CA 2 Jul 1998

Statutory extensions of the council’s duty to provide new kinds of care, did not take away the authority’s power to charge for services given under the original section. The council may charge for community care services in the home provided to disabled person. Subsection (2) states that the section applies to services provided under a number of listed enactments, and it also applies to services provided under the 1970 Act even though the 1970 Act is not specifically listed.

Citations:

Times 20-Jul-1998, Gazette 26-Aug-1998, [1998] EWCA Civ 1143, [1998] 1 CCLR 458

Statutes:

Health and Social Services and Social Security Adjudications Act 1983, Chronically Sick and Disabled Persons Act 1970

Jurisdiction:

England and Wales

Cited by:

Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Lists of cited by and citing cases may be incomplete.

Health, Benefits, Local Government

Updated: 20 November 2022; Ref: scu.144622

A, Regina (on the Application Of) v Hertfordshire County Council: CA 22 Mar 2001

Issue about the power of a local authority social services department to communicate to the education department of the authority and to school governors the conclusion which it has reached after enquiries under section 47 of the Children Act 1989 that a head teacher presents a risk of significant harm to children.

Citations:

[2001] EWCA Civ 2113, [2001] BLGR 435, [2001] ACD 85, [2001] ELR 666

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Education

Updated: 18 November 2022; Ref: scu.200857

Alexander Bremner (Inspector of Poor for Rathven) v Lunacy Board for Elginshire: HL 24 Jun 1875

In a question between two parochial boards as to liability for support of a pauper lunatic, the inspectors for either parish referred the matter to an un-incorporated Society of Inspectors of the Poor- Held that this reference, although to a society composed of fluctuating members, was a perfectly valid one, and that the parties having entered into the reference and acted upon the award made were bound by it.

Judges:

Lord Chancellor Cairns, Lords Hatherley, O’Hagan, and Selborne

Citations:

[1875] UKHL 640, 12 SLR 640

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 17 November 2022; Ref: scu.650106

Regina (Loudon) v Bury School Organisation Committee: Admn 2002

Lightman J said: ‘The distinction between (disqualifying) pecuniary interests and (non-disqualifying) potential pre-judgment arising from prior publicly stated views in the case of administrative bodies . . is well-established: see e.g. R v SSE ex p Kirkstall Valley Campaign [1996] 3 All ER 305. This accords with well established law in the local authority field where it has long been held that political application and party loyalty and a party whip do not disqualify: see Baxter’s case and R v Bradfield MCC ex p Wilson [1989] 3 All ER 140.’

Judges:

Lightman J

Citations:

[2002] EWHC 2749 (Admin)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for the Environment and Another Ex Parte Kirkstall Valley Campaign Ltd QBD 20-Mar-1996
The rules as to the disqualification of a decision maker for bias were not limited in scope to judicial decisions. . .

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

Local Government, Administrative

Updated: 17 November 2022; Ref: scu.244707

East Devon District Council v Electoral Commission (the Boundary Committee for England): Admn 8 Jan 2009

The Council sought to challenge proposals by the Commission for re-organisation of its boundaries. The Secretary of State had asked the Commission to see if there was any proposal which might lead to a unified authority but which also met the criteria identified in Breckland. The council said that the consultation should be all in one, and not in stages.
Held: The application failed. Though attractive, the suggestion made was incorrect: ‘it was open to the Committee, in performing its statutory task, to choose to defer consideration of affordability until publication of its draft proposal. In the circumstances that was not irrational, since the Committee did not wish to impose undue burdens on local authorities at an earlier stage, and also needed to collate information from them in the form of the workbooks with relevant financial information’ and ‘whether the public have been consulted in a meaningful and timely manner needs to be assessed against the backdrop of the particular consultation exercise. In my view, like many aspects of our democratic process consultation may be tangled and untidy. It encompasses a multitude of parties with a range of expertise and interest. ‘
‘what must happen is that the Boundary Committee should consider with care whether it would be right to make further alternative proposals for Devon. If it were to decide that that course were appropriate, it would need to comply with the statutory requirements, including that under section 6(4) of consulting on such further proposals. However, the nature of complying with that obligation would be conditioned by what has already occurred. The Boundary Committee could decide, in its discretion, that responses already received were such that a more limited, further consultation was all that was necessary. ‘

Judges:

Cranston J

Citations:

[2009] EWHC 4 (Admin), [2009] WLR(D) 5

Links:

Bailii

Statutes:

Regional Assemblies (Preparations) Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Breckland District Council and others v The Boundary Committee and Another Admn 28-Nov-2008
The councils sought to challenge the re-organisation of their boundaries. The proposal could result in their abolition and the introduction of a unitary system of local government in that county, extending to part of Suffolk.
Held: Parliament . .
Lists of cited by and citing cases may be incomplete.

Elections, Local Government

Updated: 14 November 2022; Ref: scu.279865

AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to essential economic and social activities and to an appropriate range of recreational and cultural activities.

Judges:

Munby J

Citations:

[2003] EWHC 167 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948 29, Chronically Sick and Disabled Persons Act 1970 2, National Health Service and Community Care Act 1990 47, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .

Cited by:

Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Cited – K v The School and the Special Needs and Disability Tribunal CA 6-Mar-2007
The child was subject to the school eventually declined to clean and change him. The mother claimed that the school was discriminating.
Held: The mother had understated the frequency of the bowel accidents. The school was not properly equipped . .
Lists of cited by and citing cases may be incomplete.

Local Government, Benefits, Human Rights

Updated: 14 November 2022; Ref: scu.181948

ES, Regina (on The Application of) v London Borough of Barking and Dagenham: Admn 27 Mar 2013

The claimant sought judicial review of the Defendant’s failure to assess her son’s needs for the purposes of providing accommodation and support under section 17 of the 1989 Act. While the case is specific to its particular facts, it raises the question of the extent to which the Defendant could rely upon the Secretary of State’s power to provide facilities for accommodation under section 4 of the 999 Act in deciding whether or not to carry out an assessment of need.

Judges:

Robin Purchas QC

Citations:

[2013] EWHC 691 (Admin)

Links:

Bailii

Statutes:

Children Act 1989 17, Immigration and Asylum Act 1999 4

Local Government, Children, Immigration

Updated: 14 November 2022; Ref: scu.472074

Somerset County Council v DFM (the Father) and Another; In re F: CA 31 Jul 2007

Judges:

Wall LJ, Blackburne J

Citations:

[2007] EWCA Civ 810

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re R (Family dispute: Evidence) CA 17-Jul-2008
The mother had made allegations of domestic violence against the father in her claim for a residence order. She appealed dismissal of the claim, saying that the judge had dismissed the case after hearing the mother’s evidence only on the basis that . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 14 November 2022; Ref: scu.258477

Richardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane: CA 12 Feb 1998

The need to specify the special educational needs for a child did not necessarily mean that any particular school must be nominated, nor even that the need must be met through a school. Whilst the definition of ‘special educational provision’ in section 312(4) of the 1996 Act is wide enough to include naming a particular school, it is not implicit in the subsection that a particular school must be named; and that section 324(4)(b) does not impose a duty on the local education authority to name a particular school, it merely confers on it a discretion whether or not to do so.

Judges:

Beldam LJ

Citations:

Times 10-Apr-1998, [1998] EWCA Civ 226, [1998] ELR 319

Statutes:

Education Act 1996 324 319

Jurisdiction:

England and Wales

Citing:

See Also – White and Another v Ealing London Borough Council and Another etc CA 1-Aug-1997
There is no duty to name a school in a special needs statement, but the education authority must pay for the school where one is named. . .

Cited by:

Distinguished – Hackney London Borough Council v Silyadin QBD 17-Sep-1998
The Special Educational Needs Tribunal should not order a Local Authority to provide services which went beyond the special needs of the child. No need in rejecting Authority’s proposal to accept parent’s alternate choice. . .
Cited – Regina on the Application of MH v the Special Educational Needs and Disability Tribunal, the London Borough of Hounslow CA 25-Jun-2004
The child was subject to a statement of special educational needs. His parents expressed a preference for one mainstream school, but the authority allocated him to another. The court had been requested to give guidance on the meaning and effect of . .
See Also – White and Another v Ealing London Borough Council and Another etc CA 1-Aug-1997
There is no duty to name a school in a special needs statement, but the education authority must pay for the school where one is named. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Education

Updated: 14 November 2022; Ref: scu.143704

Guinness Mahon and Co Ltd v Kensington and Chelsea London Borough Council: CA 2 Mar 1998

Where a local authority entered into a loan agreement outside its powers, the agreement was void ab initio, not merely voidable, and all moneys paid could be reclaimed.

Citations:

Gazette 18-Mar-1998, Gazette 01-Apr-1998, Times 02-Mar-1998, [1998] EWCA Civ 294, [1998] 2 All ER 272, [1999] QB 215

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Local Government, Financial Services

Updated: 14 November 2022; Ref: scu.81085

McKeown, Regina (on The Application of) v London Borough of Islington: Admn 2 Apr 2020

Claim brought by the Claimant seeking a mandatory order compelling the Defendant to approve the Claimant’s application for a disabled facilities grant under the Housing Grants, Construction and Regeneration Act 1996 (‘the Act’) and a mandatory order compelling the Defendant to commission expeditiously the works approved pursuant to the grant.

Judges:

Hugh Mercer QC sitting as a Deputy High Court Judge

Citations:

[2020] EWHC 779 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 14 November 2022; Ref: scu.649803

Waple v Surrey County Council: CA 17 Dec 1997

The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but the claimant sought damages. She appealed an order striking out her claim on the basis that the statement was privileged.
Held: The statement was made in the course of a procedure which was short of court proceedings being started. The authority said that its conduct of child care proceedings would be severely hampered if such statements could not be communicated between the parties’ legal representatives. Letters written by a solicitor in the performance of his or her duties to a client of the firm attract qualified privilege. Absolute privilege could not be extended similarly. Appeal allowed.

Citations:

Times 29-Dec-1997, Gazette 04-Feb-1998, [1997] EWCA Civ 3032, [1998] 2 FCR 611, [1998] 1 WLR 860, [1998] 1 All ER 624, [1998] EMLR 503, [1998] Fam Law 517, [1998] 2 FLR 630

Links:

Bailii

Statutes:

Children Act 1989 Sch 2 Part III

Jurisdiction:

England and Wales

Citing:

Cited – Royal Aquarium and Summer and Winter Garden Society Ltd v Parkinson CA 1892
The court described the characteristics of a tribunal to which absolute privilege attaches. Having spoken of ‘an authorised inquiry which, though not before a court of justice, is before a tribunal which has similar attributes’ and similar . .
Cited – Baker v Carrick 1894
Letters written by a solicitor in the performance of his or her duties to a client of the firm to a person with an appropriate interest in receiving it attract qualified privilege. Publication by a solicitor is protected by qualified privilege if . .
Lists of cited by and citing cases may be incomplete.

Defamation, Local Government

Updated: 13 November 2022; Ref: scu.143432

Kilby v Basildon District Council: Admn 26 Jul 2006

Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court would not hear a complaint as to its being removed.

Judges:

McCombe J

Citations:

[2006] EWHC 1892 (Admin), Times 21-Aug-2006

Links:

Bailii

Statutes:

Housing Act 1985 105

Jurisdiction:

England and Wales

Citing:

Cited – Gardner v London Chatham and Dover Railway Co (No 1) 1867
When Parliament expressly confers powers and imposes duties and responsibilities of an important kind upon a particular body, it is, as he put it, improper for the court by the appointment of a manager . . . itself to assume those powers and duties. . .
Cited – Ayr Harbour Trustees v Oswald 1883
The appellant trustees could not competently preclude themselves from exercising their powers under the Ayr Harbour Act in respect of certain land acquired by them for the purposes of that statute bearing in mind that their discretionary powers were . .
Cited – Birkdale District Electric Supply Co. Ltd v The Corporation of Southport 1926
The appellants, having bound themselves not to exercise their discretion in the raising of electricity prices, were held not to have incompetently fettered their discretion, bearing in mind the commercial purposes for which the discretion was . .
Cited – Credit Suisse v Allerdale Borough Council CA 20-May-1996
Builder’s Guarantee Ultra Vires LA
The council set out to provide a swimming pool using powers under s.19 of the 1976 Act. Purporting to use powers under s.111 of the 1972 Act, it set up a company to develop a site by building a leisure pool and time-share units, with a view to . .
Cited – Parker v Camden Borough Council 1986
. .
Cited – Akumah v London Borough of Hackney CA 27-Nov-2001
Application for leave to appeal. The council had introduced a parking scheme for its housing estates. The resident challenged its validity saying it had been introduced by council resolution not by byelaw. Leave granted . .
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes CA 1987
The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was . .
Cited – Credit Suisse and Another v Waltham Forest London Borough Council CA 20-May-1996
Parliament had made detailed provision in a number of Acts for the discharge of the housing duties by local authorities. These detailed provisions did not contain a power to give a guarantee in connection with a bank loan to a company which the . .
Cited – Regina v London Borough of Brent, ex parte Blatt QBD 1991
The applicant was the respondent’s secure tenant. The respondent decided to change its tenancy agreement, by including a list of items of repair for which it would be responsible and a procedure by which it could vary the terms of the agreement. In . .
Cited – Stourcliffe Estates Co Ltd v Bournemouth Corporation 1910
. .
Cited – Blake v Hendon Corporation CA 1962
Devlin LJ said: ‘For example, a man selling a part of his land might object to a refreshment pavilion on his boundary. Provided that the erection of a refreshment pavilion on that spot was not essential to the use of the land as a pleasure ground, . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 12 November 2022; Ref: scu.244004

St Mary’s Kenmure and Another v East Dunbartonshire Council and Another: SCS 27 Dec 2012

The Court was asked whether section 10 of the 1822 Act provides a remedy to the operators and/ or the heritable proprietors of a secure unit residential facility.

Citations:

[2012] ScotCS CSOH – 198, 2013 SLT 285, 2013 GWD 3-107

Links:

Bailii

Statutes:

Riotous Assemblies (Scotland) Act 1822

Jurisdiction:

Scotland

Cited by:

Cited – The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others SC 20-Apr-2016
The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 12 November 2022; Ref: scu.468836

F, Re (Assessment of Birth Family): FC 12 Apr 2021

‘Within these public law proceedings, is there any obligation on the Local Authority to assess members of the ‘original family’ (ie, the biological/birth family) of the mother of the subject infant child (F), where the mother herself was adopted as a child and raised by adoptive parents?’

Judges:

The Honourable Mr Justice Cobb

Citations:

[2021] EWFC 31

Links:

Bailii

Jurisdiction:

England and Wales

Children, Local Government

Updated: 12 November 2022; Ref: scu.661720

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.

Judges:

Beatson J

Citations:

[2012] EWHC 3739 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948 21 24 32

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
At first Instance – 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: 10 November 2022; Ref: scu.467639

Gregory v Portsmouth City Council: CA 5 Nov 1997

The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution.
Held: The categories of malicious prosecution are closed, and it was not appropriate to use this tort in respect of disciplinary proceedings by a local authority against a councillor.

Judges:

Simon Brown, Schiemann, Ward LJJ

Citations:

Times 26-Nov-1997, Gazette 03-Dec-1997, (1998) 10 Admin LR 505, [1997] EWCA Civ 2645, (1997) 96 LGR 569

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – P v T Ltd ChD 7-May-1997
A order for the disclosure of documents can be proper if it is the only method of founding proceedings against a third party, even though there might be no sufficient proof without the documents. An order was made because it was necessary in the . .
See Also – Regina v Portsmouth City Council, Ex parte Gregory and Mos QBD 1990
The local authority had disciplined two of its councillors for alleged breach of the Code for Local Government. The councillors now successfully challenged the proceedings. The administrative Sub-Committee which had made the finding had been acting . .
Cited – Savill v Roberts 1741
The plaintiff, Roberts, was entitled to recover andpound;11 damages in proceedings for malicious prosecution, the defendant having maliciously caused Roberts to be indicted for causing a riot, and Roberts having been acquitted. The andpound;11 was . .
Cited – Johnson v Emerson 1871
Cleasby B recognised that the tort of malicious prosecution could be committed in the malicious presentation of a winding up petition. The effect of presentation of such a petition was immediately damaging to the company which was the subject of the . .
Cited – Quartz Hill Consolidated Gold Mining Co v Eyre CA 26-Jun-1883
The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition.
Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without . .
Cited – Mohammed Amin v Jogendra Kumar Bannerjee PC 1947
The Board considered an action for malicious prosecution. Sir John Beaumont said: ‘The foundation of the action lies in abuse of the process of the court by wrongfully setting the law in motion, and it is designed to discourage the perversion of the . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .
Cited – Metal und Rohstoff AG v Donaldson Lufkin and Jenrette Inc CA 27-Jan-1989
The claimants sued for negligent advice and secured judgment. The defendant company became insolvent, and so the plaintiff now sued the US parent company alleging conspiracy. The court considered a tort of malicious prosecution of a civil claim, . .
Cited – Berry v British Transport Commission QBD 1961
Although in civil cases extra costs incurred in excess of the sum allowed on taxation could not be recovered as damages, the Court was not compelled to extend that rule (based as it is on a somewhat dubious presumption) to criminal proceedings in . .
Cited – Berry v British Transport Commission CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence . .

Cited by:

Appeal from – Gregory v Portsmouth City Council HL 10-Feb-2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Local Government

Updated: 10 November 2022; Ref: scu.143044

Stretch v West Dorset District Council: CA 10 Nov 1997

A local authority has no ability to grant an option to renew a lease, even though it has the power to grant a lease and would benefit from the wrongful grant. The land was held for an express statutory purpose and was not ‘corporate land’ within the Act. The statutory restriction on lettings in excess of seven years without the consent of the Secretary of state could not be worked around by the use of options.

Citations:

Gazette 03-Dec-1997, Times 27-Nov-1997, [1997] EWCA Civ 2692, (1998) 77 P and CR 342

Statutes:

Local Government Act 1933

Jurisdiction:

England and Wales

Citing:

Appealed to – Stretch v The United Kingdom ECHR 24-Jun-2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under . .
Cited – Trustees of the Chippenham Golf Club v North Wiltshire District Council 1991
. .
Cited – Chapleo v Brunswick Permanent Building Society 1881
‘persons who deal with corporations or societies that owe their constitution to or have their powered defined or limited by Act of Parliament, or are regulated by deeds of settlement or rules, deriving their effect more or less from Acts of . .
Cited – 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 by:

Appeal from – Stretch v The United Kingdom ECHR 24-Jun-2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under . .
Cited – Birmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Landlord and Tenant

Updated: 10 November 2022; Ref: scu.143091

Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997

The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the section.
Held: Under Simmonds the parents were responsible for the acts of their children. The acts had not however occurred on the premises subject to the order. By a majority, the acts need not occur on the premises.

Judges:

Lord Justice Henry, Lord Justice Pill, Lord Justice Chadwick

Citations:

[1997] EWCA Civ 2693

Statutes:

Housing Act 1985 84(1) Schedule 2

Jurisdiction:

England and Wales

Citing:

Cited – Kensington and Chelsea Royal London Borough Council v Simmonds CA 15-Jul-1996
A possession order was properly made against a tenant for the misbehaviour of a family member. . .
Cited – Cobstone Investments Limited v Maxim CA 1985
The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of . .
Lists of cited by and citing cases may be incomplete.

Local Government, Landlord and Tenant, Housing

Updated: 10 November 2022; Ref: scu.143092

Isle of Wight Council and Others v Revenue and Customs: FTTTx 12 Oct 2012

FTTTx Value Added Tax – Taxable person – Local authority – Provision of off-street car parking – Impact of exemption on relevant market – Distortion of competition – Whether local authorities taxable persons in respect of provision of such parking – Questions referred to ECJ for determination – Application of ruling of ECJ (Case C-288/07) – EC Council Directive 77/388, art 4(5) (now art 13 of Directive 2006/114)

Citations:

[2012] UKFTT 648 (TC)

Links:

Bailii

Statutes:

Localism Act 2011 1, Directive 2006/114 13

Jurisdiction:

England and Wales

VAT, Local Government, European

Updated: 09 November 2022; Ref: scu.466214

James v Hertsmere Borough Council: CA 2 Apr 2020

This appeal concerns the scope of the jurisdiction of the county court when hearing a statutory appeal from a decision under s. 204 of the Housing Act 1996, and the lawfulness in this case of a contracted-out review decision under s. 202 of that Act.

Judges:

Lord Justice Peter Jackson

Citations:

[2020] EWCA Civ 489

Links:

Bailii

Statutes:

Housing Act 1996 204

Jurisdiction:

England and Wales

Housing, Local Government, Litigation Practice

Updated: 09 November 2022; Ref: scu.649504

Charles Terence Estates Ltd v Cornwall Council: CA 13 Nov 2012

The council had stopped paying rents on properties let by the claimants to the homeless, claiming first breaches of the leases. When later they were sued, they defendant by saying that since the properties had been let without the required statutory assessment of fair rents, the leases were void and no rents were due. The company now appealed against a finding which upheld that argument.

Judges:

Maurice Kay LP VP CA, Moore-Bicj, Etherton LJJ

Citations:

[2012] EWCA Civ 1439, [2013] PTSR 175, [2013] HLR 12, [2012] WLR(D) 326, [2013] 1 WLR 466, [2013] BLGR 97

Links:

Bailii, WLRD

Statutes:

Housing Act 1985 17

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 06 November 2022; Ref: scu.465705

South West Care Homes Ltd and Others, Regina (on The Application of) v Devon County Council and Another: Admn 7 Nov 2012

The claimant which ran various residential care and nursing homes challenged the decisions by the respondent as to the rates it would pay to support the care of other patients.

Judges:

Milwyn Jarman QC

Citations:

[2012] EWHC 2967 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948, National Health Service and Community Care Act 1990 47, Local Authority Social Services Act 1970 7A, National Assistance Act 1948 (Choice of Accommodation) Directions 1992

Local Government, Health

Updated: 06 November 2022; Ref: scu.465680

Ali v London Borough of Newham: Admn 30 Oct 2012

Challenge to introduction of local guidance that is intended to be used in the design and specification of tactile paving; and he seeks, inter alia, a declaration that Newham has acted unlawfully in adopting the guidance and an order to quash the guidance. The claimant was registered with a visual disability.

Judges:

Kenneth Parker J

Citations:

[2012] EWHC 2970 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 06 November 2022; Ref: scu.465461

Regina v Bow Street Magistrates Court and Westminster City Council ex parte McDonald: CA 10 Jun 1997

Council had statutory defence to a claim for wrongful confiscation of busker’s instruments when acting under appropriate powers.

Citations:

Times 11-Jul-1997, [1997] EWCA Civ 1823

Statutes:

Local Government Act 1963 S12 12C 42(2)

Jurisdiction:

England and Wales

Local Government

Updated: 06 November 2022; Ref: scu.142219

Barrett v London Borough of Enfield: CA 25 Mar 1997

A Local Authority is only vicariously liable for the negligence of a social worker to a child in care.

Judges:

The Master Of The Rolls (Lord Woolf) Lord Justice Evans Lord Justice Schiemann

Citations:

Times 22-Apr-1997, [1999] 3 WLR 79, [1997] EWCA Civ 1330

Jurisdiction:

England and Wales

Citing:

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

Cited by:

Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – David Lannigan v Glasgow City Council OHCS 12-Aug-2004
The pursuer said the teachers employed by the defendant had failed to identify that was dyslexic, leading him to suffer damage. The defenders said the claim was time barred, which the pursuer admitted, but then said that the claim ought to go ahead . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Local Government, Vicarious Liability

Updated: 06 November 2022; Ref: scu.141726

Regina v Yorkshire Purchasing Organisations, Ex Parte British Educational Suppliers Association: CA 10 Jul 1997

Local Authority can collect and store goods for resale to a public body, but has no power to procure goods on request for commission.

Citations:

Times 10-Jul-1997

Statutes:

Local Authority (Goods and Services) Act 1970 1(1)(a)

Jurisdiction:

England and Wales

Local Government

Updated: 06 November 2022; Ref: scu.88357

Bayley v South Wight Borough Council: CA 27 Feb 1997

Application for leave to appeal out of time. The defendant had disposed of a caravan belonging to the claimant which had been removed by others from land and abandoned on the highway verge. He claimed for the value of his contents in the caravan. The defendant said that by the time they found it the caravan was empty.
Held: The registrar had carefully taken evidence from many witnesses. There was no evidence to suggest that he had erred.

Citations:

[1997] EWCA Civ 1113

Jurisdiction:

England and Wales

Local Government, Torts – Other

Updated: 05 November 2022; Ref: scu.141509

Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: CA 25 Feb 1997

A Local Authority involved in a boundary change has power to make a deal with a neighbouring authority over land.

Citations:

Gazette 05-Mar-1997, Times 25-Feb-1997

Statutes:

Local Government Act 1972 68

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council QBD 14-Dec-1995
The Secretary of State may appoint an arbitrator to decide between local authorities on a land transfer dispute on a re-organisation of local government. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 05 November 2022; Ref: scu.87807

C, Regina (on The Application of) v North Tyneside Council: Admn 1 Aug 2012

C, challenged the decision of the Defendant social services authority to charge her andpound;19.51 per week for community care services. She was an adult living at home with her parents; and, in respect of the calculation of that charge, she particularly complained of the Council’s policy of not making any allowance for housing-related costs in those circumstances.

Judges:

Hickinbottom J

Citations:

[2012] EWHC 2222 (Admin)

Links:

Bailii

Local Government

Updated: 04 November 2022; Ref: scu.463361

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 case they had no duty to maintain the child, or whether they had accommodated her under section 20, in which case they did.
Held: The social worker had prevented the father from taking the child home from school, had taken the lead in making the arrangements, and had told the woman that financial arrangements would be made for her. It had been discharging their duties under section 20 and could not escape the associated financial liabilities.

Judges:

May LJ, Keene LJ, Smith LJ

Citations:

[2007] EWCA Civ 182, [2007] 1 FLR 2181, [2007] Fam Law 701, (2007) 10 CCL Rep 280, [2007] 1 FCR 788

Links:

Bailii

Statutes:

Children Act 1989 20

Jurisdiction:

England and Wales

Cited by:

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 – 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: 04 November 2022; Ref: scu.249888

Copping v Surrey County Council: CA 21 Dec 2005

The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it.
Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of the way in which I consider that this appeal should be determined, it would not be helpful to examine the extent to which this decision affects the arguments on abandonment, waiver and estoppel which occupied much of the time before Nelson J. [Counsel for the tenants’] further point that since a notice has by section 122 to be withdrawn in writing, and provision is made expressly for withdrawal elsewhere, the Act must clearly have envisaged that if a claim under section 122 is denied, but not withdrawn in writing, it should remain effective is unattractive. It seems to me to ignore reality. Section 122 (3) is really directed to ensuring that the tenant can bring the procedure to an end at any stage that he wishes, in particular before the landlord has served his notice under section 122(3)
Had I come to a different conclusion as to the effect of the claim determined [in the first set of proceedings in the county court], I would have doubted, therefore, how a notice could have been resurrected more than 12 years after it had been served. The whole emphasis of the Statutory Scheme is that the parties should act promptly.’

Judges:

Latham LJ

Citations:

[2005] EWCA Civ 1604

Links:

Bailii

Statutes:

Housing Act 1985 122(3)

Jurisdiction:

England and Wales

Citing:

Appeal from – Copping v Surrey County Council QBD 2005
The tenants served notice under s122 in 1991 to purchase their council house. The authority denied their right to buy. Nothing happened until June 2001 when the tenants served a second notice and received the same response. By reference to, and upon . .

Cited by:

Cited – Martin v Medina Housing Association Ltd CA 31-Mar-2006
The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 04 November 2022; Ref: scu.236609

Re M (Residential Assessment Directions): CA 1997

The mother was seen to be unstable with a history of self harm, and with a violent association. Two older children were in care, and despite psychiatric evidence that she was improving the authority resisted a suggestion that there be a residential assessment, wishing to proceed straight to a final care order. The mother appealed the order giving effect to the authority’views.
Held: A residential assessment order was made. The court acting under s38 (6) may direct the local authority to implement and fund a family residential assessment. The court must consider whether the propose programme was in reality an assessment, and not just treatment of the mother; that it was genuinely in the child’s broad best interests; and that the assessment was a necessary part of the court making the findings which would found its decision. It must also find it not unreasonable and in the interests of justice that the authority find the assessment.

Citations:

[1998] 2 FLR 371

Statutes:

Children act 1989 38

Jurisdiction:

England and Wales

Citing:

Applied – In Re C (A Minor) (Interim Care Order: Residential Assessment) HL 29-Nov-1996
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The . .

Cited by:

Doubted – In re G (a Child) (Interim Care order: Residential assessment) CA 27-Jan-2004
An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 04 November 2022; Ref: scu.228015

Regina (Behre and Others) v Hillingdon London Borough Council: Admn 29 Aug 2003

Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they were 18. They claimed a duty under the 200 Act to continue to assist them.
Held: Under the 2000 Act a duty was owed to a ‘former relevant child’ – a person who had been looked after by the local authority for 13 weeks before attaining 18 and was eligible at that time. ‘Looked after’ included having had accommodation provided. Exceptions were spelt out in the Regulations, and there was no need to add a gloss to the combined definition. It did no disservice to the definition to count the applicants as former relevant children, and the duty to assist applied to them.

Judges:

Sullivan J

Citations:

Times 22-Sep-2003, Gazette 16-Oct-2003, [2003] EWHC 2075 (Admin)

Links:

Bailii

Statutes:

Children (Leaving Care) Act 2000 2, Children Act 1989 19B(2) 23C(1), Children (Leaving Care) (England) Regulations) 2000 (200 No 2874)

Jurisdiction:

England and Wales

Cited by:

Cited – Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills Admn 15-Mar-2007
. .
Lists of cited by and citing cases may be incomplete.

Immigration, Children, Local Government

Updated: 04 November 2022; Ref: scu.186340

H (Child), Re (Care Order: Appropriate Local Authority): CA 18 Nov 2003

The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents.
Held: The judge had been correct to find that family circumstances might justify not following the rules in Northamptonshire and Plymouth, but the case was not sufficiently exceptional on that ground. However, the child here could properly be said to have been resident with the grandparents, and the order assigning responsibility to the authority where they lived was appropriate.

Judges:

Lord Justice Jonathan Parker Lord Justice Thorpe Lord Justice Dyson

Citations:

[2003] EWCA Civ 1629, Times 26-Nov-2003, Gazette 15-Jan-2004, [2004] 2 WLR 419, [2004] Fam 89

Links:

Bailii

Statutes:

Children Act 1989 105(6)

Jurisdiction:

England and Wales

Citing:

Cited – Northamptonshire County Council v Islington London Borough Council CA 21-Jul-1999
When two local authorities were competing not to be responsible for the costs of a child committed to care, and the child had proper connections with both areas, the issue was to be decided by asking first whether the child had in fact any ‘ordinary . .
Cited – Plymouth City Council v C and Another CA 21-Mar-2000
Where a child coming into care had had connection with two local authorities beforehand, the primary statutory responsibility for care would be determined by assessing which was the authority with a connection to the child immediately before the . .
Applied – Re C (Care Order: Appropriate Local Authority) 1997
A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 04 November 2022; Ref: scu.187975

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 Council unlawfully failed to comply either with (i) its obligations under section 507B of the Education Act 1996 and the applicable statutory guidance, or (ii) its public sector equality duties under section 149 of the Equality Act 2010.
Held: The request for review was refused, the court rejecting each assertion.

Judges:

Wyn Williams j

Citations:

[2012] EWHC 1928 (Admin)

Links:

Bailii

Statutes:

Education Act 1996 507B, Equality Act 2010 149

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
At First Instance – 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 . .
Appeal from – 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

Updated: 03 November 2022; Ref: scu.462954

Jones v Waters: 1835

A custom that the town crier of a corporate town shall have the exclusive privilege of proclaiming by the sound of the bell, the sale of all goods brought into the borough to be sold by auction, is a good custom.

Citations:

[1835] EngR 149, (1835) 1 CrM and R 713, (1835) 149 ER 1267

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 03 November 2022; Ref: scu.315657

A, B v Essex County Council: QBD 18 Dec 2002

The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive.
Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent performance might adversely affect others (Phelps). The local authority can be vicariously liable for any damages resulting. It was foreseeable that a child known to be violent to people and property might cause injury in the future.

Judges:

The Honourable Mr Justice Buckley

Citations:

Times 24-Jan-2003, [2002] EWHC 2707 (QB)

Links:

Bailii

Statutes:

Adoption Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.

Cited by:

Appeal from – A and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Lists of cited by and citing cases may be incomplete.

Local Government, Professional Negligence, Vicarious Liability

Updated: 03 November 2022; Ref: scu.178521

Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996

The objector sought leave to appeal. He had objected to spending on a war memorial. The district auditor when declining to intervene had given his reasons. The claimant objected that he should have waited before giving those reasons.
Held: Either the reasons were validly delivered in which case the objection failed, or they were not in which case the appeal was out of time. Leave refused.

Citations:

[1996] EWCA Civ 919

Statutes:

Local Government Finance Act 1982 17

Jurisdiction:

England and Wales

Citing:

Cited – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Cited – Re Poyser and Mills’ Arbitration 1963
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 03 November 2022; Ref: scu.140786

Regina v Parking Adjudicator; Ex Parte Wandsworth London Borough Council: CA 26 Nov 1996

The person registered as the keeper is the person liable to pay a parking fine though the actual act of parking which gave rise to the fine was one carried out by the garage with whom the car had been left for repair.

Citations:

Gazette 27-Nov-1996, Times 26-Nov-1996, [1996] EWCA Civ 869, [1998] RTR 51, [1997] COD 155

Links:

Bailii

Statutes:

Road Traffic Act 1991 66 Sch6

Jurisdiction:

England and Wales

Road Traffic, Local Government

Updated: 03 November 2022; Ref: scu.87520

Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit.

Citations:

Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157

Links:

Bailii

Statutes:

Public Health Act 1936 Part II (Nuisance etc)

Jurisdiction:

England and Wales

Citing:

Cited – Doe d. Bishop of Rochester v Bridges 1831
Where a new obligation is created by statute which at the same time provides a special means of enforcing it, that performance cannot be enforced in any other manner.
Lord Tenterden said: ‘where an Act creates an obligation and enforces the . .
Cited – Habinteg Housing Association v Jones CA 1995
A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible.
Held: The court was not satisfied that the dismissal of the tenant’s claim was the right . .
Cited – Regina v Liverpool Crown Court, Ex Parte Cooke QBD 3-Apr-1996
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation.
Held: Compensation should be awarded . .
Cited – Summers v Salford Corporation HL 1943
The tenant had given notice to the landlord’s agent that a sash-cord in the only window of a bedroom had broken. No repair was effected and about two months later the second sash-cord broke injuring the tenant. The House was asked whether there was . .
Cited – Cutler v Wandsworth Stadium Ltd HL 1949
The Act required the occupier of a licensed racetrack to take all steps necessary to secure that, so long as a totalisator was being lawfully operated on the track, there was available for bookmakers space on the track where they could conveniently . .
Cited – McNerny v London Borough of Lambeth CA 1988
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions.
Held: The legislature had ‘conspicuously . .
Cited – Quick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .
Cited – Regina v Newham Justices, ex parte Hunt etc CA 1976
The court asked whether proceedings under s99 were civil or criminal.
Held: ‘the proper interpretation of this section [section 99] leads to the conclusion that the individual can by information invoke section 94’ The offence was under s94 . .
Cited – Lonrho Ltd v Shell Petroleum Co Ltd (No 2) HL 1-Apr-1981
No General Liability in Tort for Wrongful Acts
The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, . .
Cited – Coventry City Council v Doyle QBD 1981
On the wording of section 94(2), the relevant date for determining whether the alleged nuisance exists is the date of the hearing before the magistrates. Accordingly, if it has by that time been abated, no offence is committed. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 03 November 2022; Ref: scu.81118

Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the order was no longer exercisable.
Held: A compulsory purchase order cannot be kept alive beyond the three year limit after its publication. The service of the particulars under 3(3) of the 1981 Act did not exercise the powers given by the order; that could only be done by a notice to treat. Accordingly the notice had lapsed. The failure by parliament when passing legislation in a related field to overrule a decision did not have the effect of confirming that decision.

Judges:

Vinelott J

Citations:

Times 23-Jun-1993, 91 LGR 608

Statutes:

Compulsory Purchase (Vesting Declarations) Act 1981 4, Compulsory Purchase Act 1965 4 5, Acquisition of Land Act 1981 3(1) 26(1), Planning and Compensation Act 1991 67

Jurisdiction:

England and Wales

Citing:

Not followed – Westminster City Council v Quereshi 1961
. .
Cited – Hagee (London) Ltd v A B Erikson and Larson (a Firm) CA 1975
Tenancy at Will not protectable by 1954 Act
A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while . .
Cited – Otter v Norman HL 1988
The Rent Act 1977 had provided that a tenancy was not to be taken to be a protected tenancy of a dwelling house: ‘bona fide let at a rent which includes payments in respect of board or attendance’
Held: Where a landlord provided a continental . .
Cited – Phillips v Mobil Oil 1989
. .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 03 November 2022; Ref: scu.79487

J Varney and Sons Waste Management Ltd v Hertfordshire County Council: QBD 16 Jun 2010

The claimant said that the council had not complied with the Regulations in its tendering process.

Judges:

Flaux J

Citations:

[2010] EWHC 1404 (QB), [2010] Eu LR 669, [2010] BLGR 801

Links:

Bailii

Statutes:

Public Contracts Regulations 2006 47(6), EU Directive 2004/38

Jurisdiction:

England and Wales

Local Government

Updated: 01 November 2022; Ref: scu.416770

London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd: CA 24 Oct 1996

The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association.
Held: A Local Authority had no power to guarantee a loan to an unregistered housing association. Section 111(1) of the 1972 Act could not be relied on to support the guarantee, which was consequently ultra vires.
Peter Gibson LJ adopted the proposition of counsel that: ‘Where Parliament has expressly enacted provisions which define the means by which local authorities are to carry out their functions, section 111(1) of the Act of 1972 cannot be relied upon in support of performance of those functions by other means not expressly empowered by the relevant provisions’

Judges:

Peter Gibson LJ

Citations:

Times 07-Nov-1996, [1996] EWCA Civ 797, (1996) 95 LGR 574

Statutes:

Local Government Act 1972 111, Housing Associations Act 1985

Jurisdiction:

England and Wales

Citing:

Appeal from – Morgan Grenfell and Co Ltd v Sutton London Borough Council QBD 23-Mar-1995
A guarantee of loan to a non-registered housing association was ultra vires. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 01 November 2022; Ref: scu.140664

AR (A Child), Regina (on The Application of) v The London Borough of Waltham Forest: Admn 16 Mar 2020

Challenge to an alleged systemic failure by the defendant local authority to provide adequate secure accommodation for children who are at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.

Judges:

Mrs Justice Andrews

Citations:

[2020] EWHC 622 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Children

Updated: 01 November 2022; Ref: scu.649125

Montpellier Estates Ltd v Leeds City Council: QBD 24 Jun 2010

The defendant sought to strike out certain parts of the claim against it relating to the tendering process for works on a substantial development. It was said that the defendant had given improper preference for the development of its own site.
Held: The requests were denied. The claims were not unarguable, and much remained to be established at trial.

Judges:

Eady J

Citations:

[2010] EWHC 1543 (QB), [2010] Eu LR 763, 132 Con LR 129

Links:

Bailii

Statutes:

Public Contracts Regulations 2006

Jurisdiction:

England and Wales

Citing:

Cited – Embassy Limousines and Services v Parliament Europeen ECFI 17-Dec-1998
ECJ 1 Procedure – Reference to the Court of Justice on the basis of an arbitration clause – Condition – Existence of a valid contract – Contract governed by Directive 92/50 requiring a written agreement – . .
Cited – Metalmeccanica Fracasso SpA, Leitschutz Handels- und Montage GmbH v Amt der Salzburger Landesregierung fur den Bundesminister fur wirtschaftliche Angelegenheiten ECJ 16-Sep-1999
Where a tendering process completed leaving only one tender remaining, the contracting authority was not required to award the contract to the only tenderer judged to be suitable: ‘In a context different from that of the present case (there were . .
Cited – HI Hospital Ingenieure Krankenhaustechnik PlanungsgesmbH ECJ 18-Jun-2002
ECJ Public service contracts – Directive 92/50/EEC – Procedure for the award of public service contracts – Directive 89/665/EEC – Scope – Decision to withdraw an invitation to tender – Judicial review – Scope. . .
Cited – Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons TCC 28-Oct-1999
The claimant said that the respondent had awarded a contract for works at the House of Commons disregarding its obligations under European law as regards open tendering. . .
Cited – European Dynamics Sa v HM Treasury TCC 23-Dec-2009
The claimant challenged a framework agreement proposed by the defendant for the delivery of software application solutions for various national public bodies. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 01 November 2022; Ref: scu.417799

Shanks and Others (T/A Blue Line Taxis), Regina (on The Application of) v The Council of The County of Northumberland: Admn 1 Jun 2012

The court considered the powers of a local authority to impose conditions on the grant of a hackney carriage licence under section 37 of the 1847 Act, and the relationship between that statutory provision and section 47 of 1976 Act.

Judges:

Foskett J

Citations:

[2012] EWHC 1539 (Admin), [2013] PTSR 154

Links:

Bailii

Statutes:

Town Police Clauses Act 1847 37, Local Government (Miscellaneous Provisions) Act 1976 47

Jurisdiction:

England and Wales

Licensing, Local Government

Updated: 31 October 2022; Ref: scu.459883

Nassery, Regina (on The Application of) v London Borough of Brent: Admn 30 Jul 2010

Application for judicial review to quash a number of decisions of the defendant that the claimant does not have a need for care and attention pursuant to section 1 of the 1948 Act and section 47 of the 1990 Act.

Judges:

Robinson DHCJ

Citations:

[2010] EWHC 2326 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948 1, National Health Service and Community Care Act 1990 47

Jurisdiction:

England and Wales

Health, Local Government

Updated: 31 October 2022; Ref: scu.459752

Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

The claimant asserted a common law duty on the respondent to maintain a roadway free of frost.
Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done at all, are, first, that it would in the circumstances have been irrational not to have exercised the power, so that there was in effect a public law duty to act, and secondly, that there are exceptional grounds for holding that the policy of the statute requires compensation to be paid to persons who suffer loss because the power was not exercised.’ In the absence of a duty under section 41(1) of the 1980 Act, the respondent had power under section 62(2) to promote the scheme to prevent ice on highways. Section 62(2) provides for work for the improvement of the highway. There was no general common law duty on highway authorities to prevent the formation of ice on roads.

Judges:

Mr Justice Newman

Citations:

[2004] EWHC 28 (QB), Gazette 05-Feb-2004

Links:

Bailii

Statutes:

Highways Act 1980 41(1)

Jurisdiction:

England and Wales

Citing:

Appealed to – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
Cited – 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 . .
Cited – Tomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers.
Held: The council’s . .

Cited by:

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

Road Traffic, Personal Injury, Local Government

Updated: 31 October 2022; Ref: scu.192049

H v Norfolk County Council: CA 10 May 1996

This was an application for leave to appeal against a striking out order. The plaintiff, aged 22, alleged that he had been physically and sexually abused by his foster father. He claimed that the council was negligent in not properly monitoring and supervising his placement and for failing to investigate a series of reports when he was aged 11. He contended the County Council should have removed him from foster care.
Held: Lord Justice Simon Brown said: ‘For my part, I see no force in any of the submissions. All were advanced below and all in my judgment were properly dealt with in the judge’s conclusions which I have already recited. I bear in mind as I am specifically invited to do, what Lord Browne-Wilkinson said (749G) namely that; ‘the public policy consideration, which has first claim on the loyalty of the law is that wrongs should be remedied and that very potent counter considerations are required to over-ride that policy.’

Judges:

Lord Justice Simon Brown

Citations:

Unreported, 10th May 1996 LTA 95/7562/E

Jurisdiction:

England and Wales

Cited by:

Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Lists of cited by and citing cases may be incomplete.

Negligence, Local Government

Updated: 31 October 2022; Ref: scu.185985

Welton, Welton v North Cornwall District Council: CA 17 Jul 1996

The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still refused. A Local Authority was liable after its environmental health officer negligently required food premises to do unnecessary work. The plaintiffs established an assumption of responsibility on the part of a servant of the defendant authority in respect of statements made to the plaintiffs as to the alterations necessary to secure compliance with food regulations. The guidance was given with an inplied threat of sanctions if they were not followed, and the authority could not resile from hem.

Judges:

Rose LJ, Ward LJ, Judge LJ

Citations:

Gazette 18-Sep-1996, Times 18-Jul-1996, [1996] EWCA Civ 516, [1997] 1 WLR 570, [1997] PNLR 108

Links:

Bailii

Statutes:

Food Safety Act 1990 44, Food Act 1984 116

Jurisdiction:

England and Wales

Citing:

Cited – Tidman v Reading Borough Council QBD 4-Nov-1994
The plaintiff wanted to sell his land. The purchaser wished to know the planning status and prospects for the land. The local authority published a leaflet encouraging those interested to seek guidance from the authority’s planning officers. The . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – Welsh v Chief Constable of Merseyside Police 1993
On conviction for one offence, the plaintiff asked for two other offences to be taken into consideration. He was bailed pending sentence. He was then arrested for the other offences and wrongfully held in custody. The Crown Prosecution Service had . .
Cited – Osman and another v Ferguson and another CA 7-Oct-1992
Limits of Police duty to protect
A schoolmaster developed an infatuation for a teenage pupil. It led to the killing of the pupil’s father, the wounding of the pupil, the wounding of a deputy headmaster and the killing of the deputy headmaster’s son. Mr Osman’s widow and the pupil . .
Cited – Alexandrou v Oxford (Chief Constable of the Merseyside Police) CA 16-Feb-1990
A shop was burgled. The shop-owner blamed the police for their negligent investigation.
Held: The police were not liable in negligence. . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Ancell and Another v McDermott and Others CA 17-Mar-1993
Police are under no duty to warn road users of a hazard on road. The police have no general liability in negligence for reasons of public policy. . .
Cited – Ancell v McDermott CA 29-Jan-1993
The plaintiff sought damages in negligence. Diesel had been spilled on the road. Though police officers saw it and took basic steps, the deceased was in a car which skidded on the diesel some time later. . .
Cited – Peabody Donation Fund v Sir Lindsay Parkinson and Co Ltd HL 18-Oct-1983
Architects proposed a system of flexible drains for a site, but the contractors persuaded them to accept rigid drains which once laid proved inadequate at considerable cost. The local authority had permitted the departure from the plans.
Held: . .
Cited – Ryeford Homes v Seven Oaks District Council 1989
The planning function is exercised by a local authority on behalf of the public at large and not for private individuals. . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Ancell v McDermott CA 29-Jan-1993
The plaintiff sought damages in negligence. Diesel had been spilled on the road. Though police officers saw it and took basic steps, the deceased was in a car which skidded on the diesel some time later. . .
Cited – Swinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
Cited – Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others HL 6-Jul-1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea.
Held: The marine classification . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – Spring v Guardian Assurance Plc and Others HL 7-Jul-1994
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of . .
Cited – Rowling v Takaro Properties Ltd PC 30-Nov-1987
(New Zealand) The minister had been called upon to consent to the issue of shares to a foreign investor. The plaintiff said that the minister’s negligent refusal of consent had led to the collapse of the project and financial losses.
Held: On . .
Cited – T v Surrey County Council and Others QBD 21-Jan-1994
The mother of T, an injured baby who was under a year old, sued the council for failing to cancel the registration of a child minder who had previously cared for S, a four-month old child who suffered serious injury probably through shaking, and for . .

Cited by:

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

Negligence, Local Government

Updated: 31 October 2022; Ref: scu.140383

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages.
Held: The contention was rejected. Insurance for local authorities and police authorities against vicarious liability including for criminal liability and for exemplary damages is not unlawful. The words of the clause ‘all sums which the insured shall become legally liable to pay as compensation’ was not clear as to its extent, and was not to be limited to any claim for compensation as such. Exemplary damages went beyond pure compensation but were included. Nor was there any public policy against insuring for liability for criminal conduct.
Simon Brown LJ discussed the use of public policy as an aid to construction: ‘The only way in which public policy can properly be invoked in the construction of a contract is under the rule ut res magis valeat quam pereat: if the words are susceptible of two meanings, one of which would validate the particular clause or contract and the other render it void or ineffective, then the former interpretation should be applied even though it might otherwise, looking merely at the words and their context, be less appropriate.’ and
‘Although I accept Mr. Glasgow’s submission that the natural and ordinary meaning of ‘compensation’ in the context of a legal liability to pay damages is one which excludes any element of exemplary damages, I cannot accept that this meaning is wholly clear and unambiguous. On the contrary it involves very much a literal, lawyer’s understanding of the term and is one which would not command universal acceptance. Many, including no doubt most recipients, would regard compensation to mean instead all damages (of whatever character and however calculated) payable to the victim of a tort.’

Judges:

Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe

Citations:

Gazette 05-Jun-1996, Times 08-Apr-1996, [1997] QB 897, [1996] EWCA Civ 1345, [1996] 3 All ER 545, [1996] 3 WLR 493, [1996] CLC 1459

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Riches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.

Cited by:

Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Mulcaire v News Group Newspapers Ltd ChD 21-Dec-2011
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He . .
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Torts – Other, Local Government, Police

Updated: 31 October 2022; Ref: scu.82914

Guinan v Enfield London Borough Council: CA 1996

The landlord council and tenant claiming his right to buy disputed the reasonableness of terms proposed by the council for inclusion in the lease. The tenant served a RTB6 notice and the landlord served a RTB7 Counter notice relying on the reasonableness of the terms proposed. The tenant served a RTB8 operative notice of delay contending that the RTB7 Counter notice was invalid because there was action for the landlord to take, that is to agree reasonable terms.
Held: Some of the proposed terms were reasonable, but others unreasonable. As to the validity of the Counter notice, the court held that a Counter notice is valid if the landlord in good faith believes that he has in law the right to insist on the terms he is offering, the county court being at hand to settle disputes under section 181.

Citations:

(1996) 29 HLR 456

Statutes:

Housing Act 1985181

Jurisdiction:

England and Wales

Cited by:

Cited – London Borough of Southwark v Dennett CA 7-Nov-2007
The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 27 October 2022; Ref: scu.260306

Luck T/A G Luck Arboricultural and Horticultural v London Borough of Tower Hamlets: CA 30 Jan 2003

The claimant said he had been wrongfully excluded from tendering for work by the respondent under the Regulations. He had worked for the respondent as a contractor for many years. He complained that a reference provided by one of the decision makers was inaccurate, and given in bad faith.
Held: The papers had failed to raise within the time limit set, the issue of contravention of the regulations. Accordingly it was time barred. The regulation was not invalid under European law. The claimant had failed to show bad faith in such a way as to allow a claim for misfeasance in public office.

Judges:

Lord Justice Mummery, Lord Justice Rix, Lord Justice Judge

Citations:

[2003] EWCA Civ 52

Links:

Bailii

Statutes:

Public Services Contracts Regulations 1993 (SI 1993 no 3328), Council Directive 92/50/EEC

Jurisdiction:

England and Wales

Local Government, European, Torts – Other

Updated: 27 October 2022; Ref: scu.178787

Regina v Northavon District Council Ex Parte Palmer: CA 1 Aug 1995

A Local Authority’s failure to operate its Housing Act duties correctly gave no right to a private law claim for damages

Citations:

Times 01-Aug-1995, Independent 09-Aug-1995

Statutes:

Housing Act 1985, Supreme Court Act 1981 31(4)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 27 October 2022; Ref: scu.87463

Regina v Poole Borough Council Ex Parte Cooper: QBD 13 Oct 1994

Statutory housing enquiries may not be held as confidential to the authority. The information is obtained by the Local Authority in order to be put to the homeless applicant, and no privilege can be attached or given.

Citations:

Times 21-Oct-1994, Independent 13-Oct-1994

Jurisdiction:

England and Wales

Local Government, Housing

Updated: 27 October 2022; Ref: scu.87555