Category: Local Government

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 original price.
Held: The tenant’s appeal was dismissed. The statute required any notice to be withdrawn in writing, but had not excluded the court’s common law and equitable powers. ‘Although the right to buy had been established, the stage had not been reached in February 1990 at which all matters relating to the grant and to the amount to be left outstanding or advanced on the security of the property had been agreed or determined. In particular there had been no agreement or determination in respect of the mortgage without which the appellant and his mother would have been unable to pay the purchase price. I therefore conclude that in February 1990 they had no equitable interest in the property.’

Judges:

Lord Justice Ward Sir Martin Nourse Mr Justice Wilson

Citations:

Times 20-Apr-2006, [2006] EWCA Civ 367, [2007] 1 WLR 1965, [2007] 1 All ER 813

Links:

Bailii

Statutes:

Housing Act 1985 5

Jurisdiction:

England and Wales

Citing:

Cited – Hanoman v Southwark London Borough Council ChD 22-Jun-2004
The tenant served his notice under section 122 in 1999. The authority did not admit the claim as required by section 124 within four weeks, but tried ultimately by sending a letter which the tenant never received, to resolve its doubts as to whether . .
Cited – Copping v Surrey County Council CA 21-Dec-2005
The tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it.
Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of . .
Cited – 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 – Paal Wilson and Co v Partenreederei Hannah Blumenthal (The Hannah Blumenthal) HL 1983
The House was asked whether a contract to abandon an arbitration might be implied from conduct, or a lack of conduct.
Held: The abandonment of a contract can be effected by the entry of the parties, expressly or by necessary inference from . .
Cited – Dance v Welwyn Hatfield Distrrict Council CA 1990
The secure tenants had claimed to exercise their right to buy; the local authority admitted their right and proposed a price which was accepted. The authority offered a partial mortgage which was accepted and by reference to which they had exercised . .
Cited – Collin v Duke of Westminster CA 1985
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 09 August 2022; Ref: scu.239802

Bruce and Others (Fishermen of Boddam) v Aiton: SCS 16 Dec 1885

The proprietor of a harbour who exacts harbour dues is bound, so far as these dues will go, to light and otherwise maintain the harbour.
The proprietor of a harbour was sued by the fishermen using it for declarator that he was bound to maintain and exhibit at his own expense certain specified lights, and to have him ordained to do so. It was proved that the harbour dues yielded a revenue to the proprietor, but that the revenue was not enough to provide for the lights and also to pay the interest on a sum of money expended by him on improvements on the harbour executed by him under a Provisional Order obtained from the Board of Trade. The Court held that under the local statutes and the relative Provisional Order of the Board of Trade applicable to the harbour, the proprietor was bound to apply the revenue derived from the harbour dues to the maintenance of the harbour (which includes lighting) in the first instance till they were exhausted, if necessary, and that the pursuers were entitled to declarator to that effect, the particular manner in which the obligation was to be carried out being left to be prescribed by the Commissioners of Northern Lighthouses.

Judges:

Lord Trayner, Ordinary

Citations:

[1885] SLR 23 – 222

Links:

Bailii

Jurisdiction:

Scotland

Local Government, Transport

Updated: 08 August 2022; Ref: scu.580394

Swansea City Council v Glass: CA 1992

The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued that it was not more than six years from when it had served the notices demanding payment.
Held: The notices were not the cause of action, but only a condition precedent to bringing an action. Accordingly time ran from the conclusion of the works, and the claim was out of time.
Taylor LJ said: ‘Section 10(4) provides expressly that where the local authority opts to take summary proceedings to recover their expenses, the limitation period runs from the date of service of the demand or, if there is an appeal, the date when the demand becomes operative. Again, by implication, since no such provision is applied to proceedings in the High Court or County Court, time in those proceedings does not run from the date when the demand is served or becomes operative. It will run from the accrual of the cause of action which, ex hypothesi, is a different time.
The rationale of the distinction between summary and other proceedings probably lies in the respective limitation periods. In summary proceedings the period is six months. If time were to run from the accrual of the cause of action, i.e. when the expenses were incurred, summary proceedings might often be statute-barred before they could be brought, especially where there was an appeal against the demand. In other proceedings, however, the limitation period of six years gives, or should give, the local authority ample time to sue even after an appeal against their demand. In my judgment, the expression, special to section 10(4), that time runs from service of the demand or when it becomes operative, is intended to distinguish summary proceedings from other proceedings. Inclusio unius, exclusio alterius. In other proceedings, time runs from the accrual of the cause of action, i.e. when the four elements identified above are complete. Thus, I conclude that the requirement to serve a demand is a procedural condition precedent to bringing proceedings. It is not part of the cause of action.
I am fortified in this view by consideration of what could result if the local authority were right. Upon their argument, the local authority could delay service of a demand indefinitely. Then, having served their demand long after the works were complete, they would have a further six years in which to take proceedings in the High Court or the county court.’
Taylor LJ also noted that: ”Although not on all fours with the present case, these decisions show that a cause of action may well accrue before, for procedural reasons, the plaintiff can bring proceedings. Where the cause of action arises from statute, the question as to what is merely procedural and what is an ‘inherent element’ in the cause of action is one of construction.’ It is a question of construction of the relevant instrument, whether statute, regulations, rules or contract, in each case as to whether there is such a difference.

Judges:

Taylor LJ

Citations:

[1992] 1 QB 844, [1992] CLY 2828, [1992] 2 All ER 680, [1992] 3 WLR 123

Statutes:

Housing Act 1957 10(4), Limitation Act 1980

Jurisdiction:

England and Wales

Citing:

Cited – Coburn v Colledge CA 5-Apr-1897
A solicitor commenced an action on June 12th, 1896 for his fees for work which had been completed on May 30th 1889.
Held: A period of limitation runs from the date on which the ingredients of the cause of action are complete. The statute of . .
Cited – Central Electricity Generating Board v Halifax Corporation HL 1963
Under the 1947 Act, the assets of electricity undertakings were transferred to to electricity boards. Property held by local authorities as authorised undertakers should, on vesting day, vest in the relevant board. A question arose as to whether . .
Cited – Sevcon Ltd v Lucas CAV Ltd HL 1986
A claim was brought for the infringement of a patent. It was brought after the specification had been published, but before the patent had been sealed.
Held: Time might run from a date before the plaintiff was entitled to sue. The cause of . .

Cited by:

Cited – The Royal Borough of Kensington and Chelsea v Amanullah Khan and The Wellcome Trust ChD 13-Jun-2001
The authority had served notices on the second defendant, requiring him to execute works to bring a property up to a habitable condition. Eventually the authority executed the works themselves, and sought repayment from him of the costs. He resisted . .
Cited – Legal Services Commission v Henthorn CA 30-Nov-2011
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment.
Held: The appeal . .
Cited – Hillingdon London Borough Council v ARC Ltd ChD 12-Jun-1997
The Council had taken possession of the company’s land under compulsory purchase powers, but the company delayed its claim for compensation, and the Council now said that the claim was time barred.
Held: The claim was indeed time barred. The . .
Cited – Royal Borough of Kensington and Chelsea v Khan and Wellcome Trust ChD 8-Jun-2001
. .
Cited – Royal Borough of Kensington and Chelsea v Khan and Another CA 16-Jan-2002
. .
Cited – Howe v Motor Insurers’ Bureau QBD 22-Mar-2016
The claimant sought damages after a road traffic accident in France caused by a wheel spinning from a still unidentified lorry.
Held: Rejected . .
Cited – FMX Food Merchants Import Export Co Ltd v Revenue and Customs SC 29-Jan-2020
This appeal concerns the meaning and effect of the phrase ‘Customs Debt’ in article 221(4) of the former Customs Code of the EU, contained in Council Regulation (EEC) No 2913/92. Customs duties may be due under ‘post-clearance demands’ and the Court . .
Cited – Doyle v PRA Group (UK) Ltd CA 23-Jan-2019
Whether the cause of action for the outstanding sums accrued when Mr Doyle first defaulted in his payments or only when Mr Doyle failed to comply with the default notice stipulated by CCA s.87(1) and required by clause 8f of the Agreement. Mr Doyle . .
Lists of cited by and citing cases may be incomplete.

Limitation, Housing, Local Government

Updated: 08 August 2022; Ref: scu.180520

Allchin v Coulthard: HL 1943

Affirmed.

Citations:

[1943] AC 607

Jurisdiction:

England and Wales

Citing:

Appeal from – Allchin v Coulthard CA 1942
Lord Greene MR discussed the meaning of the word ‘fund’: ‘The word ‘fund’ may mean actual cash resources of a particular kind (e.g. money in a drawer or a bank), or it may be a mere accountancy expression used to describe a particular category which . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 07 August 2022; Ref: scu.441625

Armes v Nottinghamshire County Council: SC 18 Oct 2017

The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability?
Held: The appeal succeeded (Lord Hughes dissenting). The local authority was vicariously liable for the torts committed by the foster parents in this case. However, the proposition that a local authority is under a duty to ensure that reasonable care is taken for the safety of children in care, while they are in the care and control of foster parents, is too broad, and that the responsibility with which it fixes local authorities is too demanding.

Judges:

Lady Hale, Lord Kerr, Lord Clarke, Lord Reed, Lord Hughes

Citations:

[2017] UKSC 60, [2018] PIQR P4, [2017] PTSR 1382, [2018] AC 355, [2017] 3 WLR 1000, [2018] 1 FLR 329, (2017) 20 CCL Rep 417, [2018] 1 All ER 1, UKSC 2016/0004

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC Video 20170208 am, SC Video 20170208 pm, SC Video 20170209 pm, SC Video 20170209 am

Statutes:

Children and Young Persons Act 1969, Child Care Act 1980, Boarding-Out of Children Regulations 1955

Jurisdiction:

England and Wales

Citing:

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 – KLB v British Columbia 2-Oct-2003
Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government . .
Cited – The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Appeal from – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
At CA – NA v Nottinghamshire County Council CA 12-Nov-2015
Appeal against finding that a local authority was not responsible for the sexual abuse of the appellant whilst with foster carers as a child.
Held: As to whether the duty as non-delegable, such a duty must relate to a function which the local . .
Removal of Anonymity – Armes v Nottinghamshire County Council QBD 15-Nov-2016
Application to set aside anonymity order granted in earlier proceedings alleging sexual abuse. . .
Cited – New South Wales v Lepore 6-Feb-2003
Austlii (High Court of Australia) 1. Appeal allowed in part
2. Paragraph 2 of the order of the Court of Appeal of New South Wales made on 23 April 2001 set aside, and in its place, order that the judgment . .
Cited – Cox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
Cited – S v Walsall Metropolitan Borough Council CA 1985
The court was asked whether local authorities are vicariously liable for torts committed by foster parents against children placed with them while in care.
Held: The claim was rejected. The critical question was whether the foster parents were . .
Cited – Carmarthenshire County Council v Lewis HL 17-Feb-1955
The House considered the unexplained fact that in the temporary absence of the teacher (who, on the evidence, was not negligent) it was possible for a child of four to wander from the school premises onto the highway, through a gate which was either . .
Cited – Perry and Another v Harris (A Minor) CA 31-Jul-2008
The defendant had organised a children’s party. The claimant (11) was injured when a bigger boy was allowed to use the bouncy castle at the same time. The defendants appealed the award of damages.
Held: The appeal succeeded. The relevant . .
Cited – Morris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
Cited – Port Swettenham Authority v T W Wu and Co (M) Sdn Bhd PC 19-Jun-1978
A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a . .
Cited – Myton v Woods CA 1980
A claim was made against a local education authority for the negligence of a taxi firm employed by the authority to drive children to and from school.
Held: The claim failed. The authority had no statutory duty to transport children, but only . .
Cited – Surtees v Royal Borough of Kingston upon Thames CA 27-Mar-1991
Because children can injure themselves in so many ways, someone caring for them is not universally liable for injury to a child in their care.
A duty owed in respect of a parent’s own child may be lower. . .
Cited – JGE v The English Province of Our Lady of Charity and Another QBD 8-Nov-2011
The court was asked as a preliminary issue who should be the defendant where a claim was made of rape and other assaults by a priest who was a member of the diocese of the second defendant, but employed by the first defendant school. . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .

Cited by:

Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Local Government, Negligence, Children

Updated: 07 August 2022; Ref: scu.597257

Transco Plc v Leicestershire County Council: CA 4 Nov 2003

The council sought to recover from the defendant damages for the late completion of roadworks.
Held: ‘The statutory provisions are long and complex. At times I have been inclined to wonder whether they are the product of a demented computer.’ The rules which required the notices to be given within the procedures to start and end the periods at issue, were required not as part of the process of co-ordination of works. The deeming provisions were not irrebutable, and late delivery of an end-notice was not irrebutable evidence of the date at which the work ceased. Works are deemed for purposes of charging to have been begun and concluded in accordance with notices that have been given, but it is open to both Highway Authorities and undertakers to prove that this was not in fact the case.

Judges:

Lord Justice Kennedy Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob

Citations:

[2003] EWCA Civ 1524, Times 07-Nov-2003

Links:

Bailii

Statutes:

New Roads and Street Works Act 1991, Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001

Jurisdiction:

England and Wales

Utilities, Local Government

Updated: 06 August 2022; Ref: scu.187470

Regina v North and East Devon Health Authority ex parte Coughlan: Admn 11 Dec 1998

There had been no transfer to Social Service Authorities of the Health Services’ statutory duty to provide specialist nursing and related care to the elderly, and having made a promise to provide a home for life, the Health Authority would be held to it.

Citations:

Times 29-Dec-1998, [1998] EWHC Admin 1134

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v North and East Devon Health Authority; North Devon Healthcare NHS Trust ex parte Pow, Geall and Ridd Admn 4-Aug-1997
The health authority had taken their decision on the future of a hospital without consultation and sought to rely on regulation 18(3), arguing that the ‘decision ha[d] to be taken without allowing time for consultation.’
Held: That argument . .

Cited by:

Cited – Cowl and others v Plymouth City Council Admn 14-Sep-2001
The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for . .
Appeal from – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Lists of cited by and citing cases may be incomplete.

Health, Local Government

Updated: 06 August 2022; Ref: scu.139256

Shelley v London County Council: CA 1948

Taking into account the scope and policy of the Housing Acts, local authorities’ powers of management of housing accommodation should be construed ‘in the widest possible sense.’

Judges:

Lord Greene MR

Citations:

[1948] 1 KB 274

Jurisdiction:

England and Wales

Cited by:

Approved – Regina v London Borough of Ealing, Ex parte Lewis CA 1992
The court was asked as to the issue of a local housing authority’s power under the 1989 Act, to expend money on ‘the repair, maintenance, supervision and management of houses and other property’.
Held: The phrase should be given ‘a wide . .
Cited – Akumah v London Borough of Hackney HL 3-Mar-2005
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 05 August 2022; Ref: scu.223152

Regina v London Borough of Ealing, Ex parte Lewis: CA 1992

The court was asked as to the issue of a local housing authority’s power under the 1989 Act, to expend money on ‘the repair, maintenance, supervision and management of houses and other property’.
Held: The phrase should be given ‘a wide construction’ (Lloyd LJ) and Woolf LJ: it should receive ‘a generous interpretation’.

Judges:

Lloyd LJ, Woolf LJ

Citations:

(1992) 24 HLR 484

Statutes:

Local Government and Housing Act 1989

Jurisdiction:

England and Wales

Citing:

Approved – Shelley v London County Council CA 1948
Taking into account the scope and policy of the Housing Acts, local authorities’ powers of management of housing accommodation should be construed ‘in the widest possible sense.’ . .

Cited by:

Cited – Akumah v London Borough of Hackney HL 3-Mar-2005
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 05 August 2022; Ref: scu.223151

Prankerd, Regina (On the Application of) v The Carrick District Council: QBD 24 Jul 1998

The court considered the unresolved question as to the statutory power of a harbour authority to distrain for non-payment of mooring charges in respect of a private yacht.

Judges:

Lightman J

Citations:

[1998] EWHC 2005 (QB), [1999] QB 1119, [1999] 2 WLR 489, [1998] 2 Lloyd’s Rep 675

Links:

Bailii

Local Government, Transport

Updated: 04 August 2022; Ref: scu.375088

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.

Judges:

Tomlinson J

Citations:

[2009] EWHC 2227 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
Cited – 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. . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Cited – NIRU Battery Manufacturing Company and Another v Milestone Trading Ltd and others ComC 8-May-2003
There was a contract for the sale of lead ingots. The sale was supported by letters of credit but inaccurate certificates were issued to release payment. The parties sought now to amend the contributions in the light of the Royal Brompton Hospital . .
Cited – Goss and others v Laurence George Chilcott As Liquidator of Central Acceptance Limited (In Liquidation) PC 23-May-1996
(New Zealand) Mr and Mrs Goss, had been granted a loan by the claimant finance company under a mortgage instrument that had been avoided by the claimant because it had been fraudulently altered by Mr Haddon, an employee of the claimant, without the . .

Cited by:

Appeal From – Haugesund Kommune and Another v Depfa Acs Bank CA 27-May-2010
. .
Lists of cited by and citing cases may be incomplete.

Financial Services, Local Government, Banking

Updated: 04 August 2022; Ref: scu.374385

Domb and Others, Regina (On the Application of) v London Borough of Hammersmith and Fulham and Another: CA 8 Sep 2009

The applicants sought to challenge a decision by the authority to charge for various home care services provided to the disabled applicants. They alleged that the charges were discriminatory.
Held: Officials reporting to or advising Ministers/other public authority decision makers, on matters material to the discharge of the duty, must not merely tell the Minister/decision maker what he/she wants to hear but they have to be ‘rigorous in both enquiring and reporting to them’.

Judges:

Sedley LJ, Lord Clarke of Stone-cum-Ebony MR

Citations:

[2009] EWCA Civ 941, [2010] ACD 20, [2009] BLGR 843

Links:

Bailii

Statutes:

Health and Social Services and Social Security Adjudications Act 1983 17, Disability Discrimination Act 1995 49A

Jurisdiction:

England and Wales

Cited by:

Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 August 2022; Ref: scu.374423

Birmingham City Council v Afsar and Others: QBD 25 Jun 2019

Reason for grant of injunction to restrain demonstrations outside a school.

Judges:

Warby J

Citations:

[2019] EWHC 1619 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Citing:

See Also – Birmingham City Council v Afsar and Others QBD 18-Jun-2019
The Council sought an interim order restraining a protest outside one of it junior schools against the teaching of certain matters relating to sexual behaviour, sexuality, and gender. The named defendants and, it would appear, a significant . .

Cited by:

See Also – Birmingham City Council v Afsar and Others QBD 26-Nov-2019
Claim for injunctions to restrict street protests about a school, and to prohibit online abuse of teachers at that school . .
See Also – Birmingham City Council v Afsar and Others QBD 8-Apr-2020
Post judgment applications raising issues about whether one of the injunctions contained in the Annex to the Final Order should be continued, whether two others should be varied, and whether the Trial Judgment should be amended. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 03 August 2022; Ref: scu.645946

Doctor A and Others v Ward and Another: FD 9 Feb 2010

Judges:

Munby LJ

Citations:

[2010] EWHC 205 (Fam)

Links:

Bailii

Statutes:

Administration of Justice Act 1960 812(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – In Re G (A Minor) (Social Worker: Disclosure) CA 14-Nov-1995
A social worker may relate oral admissions made by parents to him to the police without first getting a court’s permission.
Butler-Sloss LJ said: ‘I would on balance and in the absence of argument give the more restrictive interpretation to r . .
Cited – Bladet Tromso and Stensaas v Norway ECHR 20-May-1999
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the . .
See also – Doctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
See Also – N (A Child), Re; A v G (Family Proceedings: Disclosure) FD 8-Jul-2009
Application in respect of the proposed disclosure to the General Medical Council (GMC) of an expert report produced in the course of and for the purposes of proceedings in relation to a child. . .
Lists of cited by and citing cases may be incomplete.

Media, Children, Local Government, Health Professions

Updated: 03 August 2022; Ref: scu.396653

Wychavon District Council v Secretary of State for Environment and Another: QBD 7 Jan 1994

A Local Authority may not rely upon an unimplemented EC directive to make a claim, since it was not an individual.

Citations:

Times 07-Jan-1994

Jurisdiction:

England and Wales

Cited by:

Appeal from – Wychavon District Council v Secretary of State for the Environment and Another CA 24-Oct-1994
The Secretary of State was entitled to a costs order whether or not matter of principle had arisen in the course of a planning appeal. . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government, European

Updated: 03 August 2022; Ref: scu.90636

De Falco v Crawley Borough Council: CA 1980

The court discussed the effect of statutory guidance in the form of a code: ‘the council of course had to have regard to the code: see section 12 of the statute; but, having done so, they could depart from it if they thought fit’.

Judges:

Lord Denning MR

Citations:

[1980] QB 460

Jurisdiction:

England and Wales

Cited by:

Cited – M v London Borough of Islington and Another CA 2-Apr-2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 31 July 2022; Ref: scu.196550

Wyatt v Hillingdon London Borough Council: CA 1978

A local authority was sued by a disabled person for breach of the duty imposed by s.2 of CSDPA.
Held: The case was struck out on the basis that her proper remedy was to persuade the Minister to use his default powers under s. 36 of the 1948 Act. As to her claim for damages, Geoffrey Lane LJ said: ‘It seems to me that a statute such as this, which is dealing with the distribution of benefits–or, to put it perhaps more accurately, comforts to the sick and disabled–does not in its very nature give rise to an action by the disappointed sick person. It seems to me quite extraordinary that if the local authority, as is alleged here, provided, for example, two hours less home help than the sick person considered herself entitled to, that that can amount to a breach of statutory duty which will permit the sick person to claim a sum of monetary damages by way of breach of statutory duty.’

Judges:

Geoffrey Lane and Eveleigh LJJ

Citations:

(1978) 76 LGR 727

Statutes:

Chronically Sick and Disabled Persons Act 1970 2, National Assistance Act 1948 36

Jurisdiction:

England and Wales

Cited by:

Cited – O’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 31 July 2022; Ref: scu.180464

Allsop v North Tyneside Metropolitan Borough Council: CA 1991

The district auditor declared that payments made by the Council under an ‘enhanced voluntary severance scheme’, established by it in connection with its policy of not making employees compulsorily redundant, were unlawful. The payments were considerably in excess of the amounts which the council was obliged to pay under the employment legislation.
Held:The Council did not have power to make awards in excess of the limits set out in the 1972 Act. The powers of the local authority to make payments to employees under either ss 111 or 112 of the Local Government Act 1972 were subject to the regulations made by the Secretary of State pursuant to sections 7 and 24 of the Superannuation Act 1972; the payments under the scheme were for redundancy; and the regulations under the Superannuation Act did not authorise the council to make payments for redundancy in excess of redundancy payments provided for in the employment legislation.
Parker LJ said: ‘ . . the plain intention of Parliament [was] that the Secretary of State , subject to Parliamentary power to annul regulations in accordance with the Act, should be in complete charge of what is to be or may be paid on redundancy in addition to the payments provided for by the Act of 1978’

Judges:

Parker LJ, McCowan LJ and Sir John Megaw

Citations:

(1991) 90 LGR 462, [1992] ICR 639

Statutes:

Superannuation Act 1972 112, Employment Protection (Consolidation) Act 1978 81, Employment Protection (Consolidation) Act 1978 111 112

Jurisdiction:

England and Wales

Cited by:

Distinguished – Newbold and Another v Leicester City Council CA 20-Aug-1999
An authority which had made an agreement which gave benefits to its employees in return for a reduction in their earnings was bound by that agreement even if it later proved more expensive than had been expected, and very generous. The scheme was . .
Cited – British Medical Association v Chaudhary CA 15-May-2003
The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used to reject his claim were discriminatory had been rejected by the employment tribunal and EAT on the basis that they had . .
Lists of cited by and citing cases may be incomplete.

Employment, Local Government

Updated: 31 July 2022; Ref: scu.180544

Cowl and others v Plymouth City Council: Admn 14 Sep 2001

The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for life’. Though some understood this, the council argued that no promise had been given, or legitimate expectation had been created.
Held: Such an expectation requires a firm clear and sound foundation. None had been shown. Nor could it be shown that any of the residents had relied upon any representation. The council had to inform the residents well in advance, allow a reasonable time for objections and consider any resident’s objection. It must also follow the statutory uidance. The court rejected the suggestion that the residents had come to constitute a family, and that closure would interfere with the rights of that family under Articles 2,3 or 8.

Judges:

Scott Baker J

Citations:

[2001] EWHC Admin 734

Links:

Bailii

Statutes:

Local Authority Social Services Act 1970 7(1), European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Jockey Club ex parte R A M Racecourses Ltd 1993
For there to be a breach of procedural fairness giving rise to a legitimate expectation, there must be shown ‘a clear and unambiguus representation.’ . .
Approved – Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson CA 22-Feb-1993
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan Admn 11-Dec-1998
There had been no transfer to Social Service Authorities of the Health Services’ statutory duty to provide specialist nursing and related care to the elderly, and having made a promise to provide a home for life, the Health Authority would be held . .

Cited by:

Appeal from – Cowl and Others v Plymouth City Council CA 14-Dec-2001
It remains of overriding importance for parties to seek to avoid litigation wherever possible. In this case, a dispute between a local authority and some of the inhabitants of one of its residential homes. The courts now have ample power within the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights

Updated: 30 July 2022; Ref: scu.166590

KA, Regina (on The Application of) v Essex County Council: Admn 18 Jan 2013

The claimant, an illegal immigrant challenged the refusal of the respondent Council to provide support to her children under the 1989 Act.

Judges:

Robin Purchas QC

Citations:

[2013] EWHC 43 (Admin), [2013] 1 WLR 1163, [2013] 2 FCR 319, [2013] BLGR 363, [2013] WLR(D) 60, (2013) 16 CCL Rep 63

Links:

Bailii, WLRD

Statutes:

Children Act 1989, Nationality Immigration and Asylum Act 2002

Jurisdiction:

England and Wales

Children, Immigration, Local Government

Updated: 28 July 2022; Ref: scu.470363

Zarzour, Regina (On the Application of) v London Borough Of Hillingdon: Admn 1 May 2009

The applicant was an asylum seeker awaiting a decision on his claim. He was totally blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own.
Held: The request for judicial review was granted.

Judges:

Burnett J

Citations:

[2009] EWHC 1398 (Admin), (2009) 12 CCL Rep 429

Links:

Bailii

Cited by:

Cited – SL v Westminster City Council SC 9-May-2013
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .
Lists of cited by and citing cases may be incomplete.

Local Government, Benefits

Updated: 28 July 2022; Ref: scu.347248

AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008

Caim for judicial review brought by the mother of four children against a decision made by Birmingham City Council relating to payments to be made to her for both her benefit and that of the children, under provisions of the Children Act, in particular section 17, but also potentially section 20. The overall effect of the decision of the local authority is that it has concluded that, given the restrictions on its powers it will fund the costs of the return of the family to Jamaica, but will not fund continuing costs of accommodating the family, as a family, in the United Kingdom, and thus in the area for which it is responsible.

Judges:

Charles J

Citations:

[2008] EWHC 3036 (Admin), [2009] 1 FLR 838, [2009] 1 All ER 1039, [2009] Fam Law 200, (2009) 12 CCL Rep 79, [2009] 1 FCR 657

Links:

Bailii

Statutes:

Children Act 1989 17

Jurisdiction:

England and Wales

Local Government, Children

Updated: 28 July 2022; Ref: scu.278825

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 challenged on the basis that this would be an unlawful fetter upon the authority powers for the use of its housing stock, namely the retained land.
Held: Since the Council’s policy, albeit designed to produce owner occupancy rather than rental occupancy, was consistent with the purpose of using the estate for housing accommodation in the district, the submission to the proposed restrictive covenants would not be an unlawful fetter on the Council’s powers.
Fox LJ: ‘The attack as developed on the appeal is, as I have indicated, really based upon the contention that the covenants fetter the council’s discretion to deal with the retained land and are bad accordingly.
The first question, I think, in relation to that contention is whether the council is entitled to impose on its retained land covenants which were restrictive of its user of that land. In my opinion it is.
In general, I do not understand it to be disputed that there was power in the council (as the judge held) to create restrictive covenants under the Housing Acts, or otherwise. Power to create restrictive covenants does not, however, resolve the question whether the covenants constitute an unlawful fetter . . . It is clear that a local authority cannot, in general, make declarations of policy which are binding in future on the council for the time being. A council cannot extinguish statutory powers in that way. But it may be able to do so by the valid exercise of other statutory powers. If a statutory power is lawfully exercised so as to create legal rights and obligations between the council and third parties, the result will be that the council for the time being is bound, even though that hinders or prevents the exercise of other statutory powers.
What we are concerned with in the present case are overlapping or conflicting powers. There is a power to create covenants restrictive use of the retained land; and there are powers in relation to the user of the retained land for housing purposes. In these circumstances, it is necessary to ascertain for what purpose the retained land is held. All other powers are subordinate to the main power to carry out the primary purpose . . . Now the purpose for which the Fulham Court estate is held by the council must be the provision of housing accommodation in the district. The council’s policy in relation to the estate, as I have set it out above, seems to me to be consistent with that purpose. . . The policy, it is true, is designed to produce owner-occupancy and not rented accommodation. Historically, local authority housing has been rented. But a substantial inroad upon that was made by Part 1 of the Housing Act 1980, which gave municipal tenants the right to purchase their dwellings. In the circumstances it does not seem to me that a policy which is designed to produce good accommodation for owner-occupiers is now any less within the purposes of the Housing Acts than the provision of rented housing.
It seems to me that if the purpose for which the power to create restrictive covenants is being exercised can reasonably be regarded as the furtherance of the statutory object, then the creation of the covenants is not an unlawful fetter. All the powers are exercisable for the achieving of the statutory objects in relation to the land, and the honest and reasonable exercise of a power for that purpose cannot properly be regarded as a fetter upon another power given for the same purpose.
We were referred to the decision in Ayr Harbour Trustees . . But that was a case where the trustees simply ‘renounced part of their statutory birthright.’ There was an incompatibility between what they were proposing to do and the actual statutory purpose. In the present case, as it seems to me, the purpose of the contract is the same as the statutory purpose. ‘
After citing Devlin LJ in Blake v Hendon:”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, the local authority could properly covenant not to erect one, notwithstanding that it had statutory power to do so. This illustrates the proper application of the principle in the Ayr case’ and
‘I can see that there is something to be said for the view that so long as the council retains Part V land it should retain all the powers which the statute gives in relation to that land. That is simple and logical. But I think it is too inflexible and takes insufficient account of the practical difficulties of administering such an estate as Fulham Court. To bring it up to standard, money has to be found and compromises have to be made. It is not practicable to sell the whole estate at once. It has to be phased in order to prevent excessive voids and high loss of income. On 21 March 1986 only Block A (32 flats) was totally empty. But the scheme was quite far advanced. Out of a total of 372 flats, 189 were empty. The policy having been decided upon, it was necessary to press ahead with it’.
Sir Denys Buckley: ‘I am clearly of the opinion that, if a statutory authority acting in good faith in the proper and reasonable exercise of its statutory powers undertakes some binding obligation, the fact that such obligation may thereafter preclude the authority from exercising its statutory powers in some other way, cannot constitute an impermissible fetter on its powers. Any other view would involve that the doctrine against fettering itself would involve a fetter on the authority’s capacity to exercise its powers properly and reasonably as it thinks fit from time to time. So, in my view the decision of the present case depends primarily upon whether the council was acting properly and reasonably in proposing to covenant with Barratts in the terms of the second schedule covenants. For the reasons indicated by Fox L.J., I think this was so.’

Judges:

Fox LJ, Sir Denys Buckley

Citations:

[1987] 1 QB 1050

Jurisdiction:

England and Wales

Citing:

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, . .

Cited by:

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

Local Government

Updated: 28 July 2022; Ref: scu.244730

St Gabriel Properties Ltd v London Borough of Lewisham and Another (Community Rights: Dismissed): FTTGRC 23 Jan 2015

CAMRA had applied for the inclusion of a public house within the community list of assets maintained by the defendant.

Citations:

[2015] UKFTT CR – 2014 – 0011 (GRC

Links:

Bailii

Statutes:

Localism Act 2011

Jurisdiction:

England and Wales

Local Government

Updated: 26 July 2022; Ref: scu.542481

Brent London Borough Council v Risk Management Partners Ltd: CA 9 Jun 2009

Brent appealed from a finding that it had failed when redirecting a contract for insurance and had no power to become a member or participating member of London Authorities Mutual Limited or to make payments or to enter into commitments to make payments to LAML.
Held: The appeals failed.

Judges:

Pill, Moore-Bick, Hughes LJJ

Citations:

[2009] EWCA Civ 490, [2010] PTSR 349, [2010] BLGR 99

Links:

Bailii

Statutes:

Public Contracts Regulations 2006

Jurisdiction:

England and Wales

Citing:

See Also – Risk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent Admn 22-Apr-2008
Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the . .
Appeal from – Risk Management Partners Ltd v The London Borough of Brent Admn 16-May-2008
Claim for damages – alleged breach of regulations by local council.
Held: Brent had acted in breach of the 2006 Regulations when it abandoned the tender process and awarded the insurance contracts to LAML. Issues of causation and damages were . .

Cited by:

Appeal from – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Local Government, European

Updated: 26 July 2022; Ref: scu.346799

Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000

Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was a claim that a local government was a charity.
Held: The defence could not succeed. The functions of a local authority would not normally be considered charitable. In this context, ‘social welfare’ was an inappropriate expression to describe such activities. Similarly the term ‘organisation’ in the Act, in this particular phrase, was to be read ejusdem generis with the words ‘club’ and ‘society’. It could not apply to a local authority. The function of a local authority is to carry out the administrative and governmental functions, in respect of its area. The legislature had thought it right to devolve those functions from national government. Those functions might include social welfare, but that was not its main purpose.

Judges:

Neuberger J

Citations:

Gazette 18-Jan-2001, Times 19-Dec-2000, [2000] EWHC 455 (Ch), [2001] 1 WLR 400, [2001] EMLR 446, [2001] RPC 594

Links:

Bailii

Statutes:

Copyright Designs and Patents Act 1988 67

Jurisdiction:

England and Wales

Intellectual Property, Local Government, Charity

Updated: 25 July 2022; Ref: scu.84728

Kirklees Metropolitan Borough Council v S and Others: FD 6 Apr 2004

Contest between two local authorities as to which should be designated for the purpose of further interim care orders, and later for the purpose of full care orders, in respect of two children.

Judges:

Bodey J

Citations:

[2004] EWHC B3 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Children

Updated: 25 July 2022; Ref: scu.396654

Regina v Wandsworth Borough Council Ex Parte Crooks (And Six Other Applications): QBD 30 Mar 1995

Local Authority may re-house in private sector on an assured shorthold tenancy which was expected to be renewed under normal circumstances.

Citations:

Independent 30-Mar-1995, Times 12-Apr-1995

Statutes:

Housing Act 1985 65(2)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 24 July 2022; Ref: scu.88242

Doran v Liverpool City Council: CA 3 Mar 2009

The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act.
Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts subsequently established or discovered. The appeal failed.

Judges:

Jacob, Toulson, Aikens LJJ

Citations:

[2009] EWCA Civ 146, [2009] 1 WLR 2365

Links:

Bailii

Statutes:

Caravan Sites Act 1968

Jurisdiction:

England and Wales

Citing:

Cited – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Cited – Smith (on Behalf of the Gypsy Council) v Buckland CA 12-Dec-2007
The defendants appealed an order requiring them to leave caravan pitches managed by the council.
Held: The court referred to the absence of procedural safeguards to which, in view of their vulnerable position, gipsies were entitled. . .
Cited – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .

Cited by:

Cited – McGlynn v Welwyn Hatfield District Council CA 1-Apr-2009
The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds.
Held: There had been a delay between the issue of the notice to quit and the . .
Cited – Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
Cited – Barber v London Borough of Croydon CA 11-Feb-2010
The tenant who suffered learning and behavioural difficulties appealed against an order for possession of his council flat. He had become aggressive with the caretaker. The council sought possession, and he defended the claim saying that the council . .
Cited – Salford City Council v Mullen CA 30-Mar-2010
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 23 July 2022; Ref: scu.311770

Bowes v The City Of Toronto: PC 15 Feb 1858

The mayor of a city who bought discounted debentures issued by the city was in the same position as an agent vis-a-vis the city, and was to be treated as holding the debentures on trust for the city.

Citations:

[1858] EngR 365, (1858) 11 Moo PC 463, (1858) 14 ER 770, [1858] UKPC 10

Links:

Commonlii, Bailii

Jurisdiction:

Canada

Cited by:

Cited – FHR European Ventures Llp and Others v Cedar Capital Partners Llc SC 16-Jul-2014
Approprietary remedy against Fraudulent Agent
The Court was asked whether a bribe or secret commission received by an agent is held by the agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or . .
Lists of cited by and citing cases may be incomplete.

Local Government, Equity

Updated: 23 July 2022; Ref: scu.288836

Regina v Harrow London Borough Council ex parte D: 1990

The court discussed the legal status of the Child Protection Register. Butler-Sloss LJ: ‘The case conference has a duty to make an assessment as to abuse and the abuser, if sufficient information is available. Of its nature, the mechanism of the case conference leading to the decision to place names on the register and the decision-making process, is unstructured and informal. It is accepted by Mr Scrivener that it is not a judicial process. It is part of a protection package for a child believed to have been the victim of abuse. Unlike other areas of judicial review, the considerations are not limited to the individual who may have been prejudiced and the tribunal or organisation being criticised. In this field, unusually, there is a third component of enormous importance – the welfare of the child which is the purpose of the entry in the register. In proceedings in which the child is the subject, his or her welfare is paramount.
In balancing adequate protection for the child and fairness to an adult, the interest of an adult may have to be placed second to the needs of the child. All concerned in this difficult and delicate area should be allowed to perform their task without looking over their shoulder all the time for the possible intervention of the court.’ and
‘The nature of the information recorded, the machinery by which it has been inserted and the limited purpose for which it is included must be recognised. Having said that, I do not consider such an entry is in any way a finding of fact, even less a finding of guilt, nor should it be seen as such.’

Judges:

Butler-Sloss LJ

Citations:

[1990] Fam 133

Jurisdiction:

England and Wales

Cited by:

Cited – L, Regina (on the Application of) v Commissioner of Police of the Metropolis Admn 19-Mar-2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children

Updated: 21 July 2022; Ref: scu.242942

Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999

The 1987 Act and its Regulations enabled a local authority with proper grounds for suspecting that a safety provision had been contravened in relation to goods, to issue a ‘suspension notice’ prohibiting a person on whom it was served from supplying those goods. It would be a criminal offence to breach that prohibition. The Council became concerned about the safety of certain models of baby walker. The suppliers disagreed. The Council decided to issue a press release to warn the public and to cause the recall of the product. The Council relied upon the general ancillary power in section 111 and the general power to publish information relating to its functions in section 142 of the 1972 Act.
Held: The Council’s decision was quashed. Lord Bingham accepted the submission that: ‘What, however, was impermissible was to make a public announcement having an intention and effect which could only be achieved by implementation of clear and particular procedures prescribed in an Act of Parliament when the effect of the announcement was to deny the companies the rights and protections which Parliament had enacted they should enjoy. So to act was to circumvent the provisions of the legislation and to act unlawfully.’
It did not matter that the procedures under the 1987 Act were cumbersome and not useful for an emergency; the solution to that was amendment not circumvention.

Judges:

Lord Bingham of Cornhill CJ

Citations:

[1999] EWHC 832 (Admin), [2000] LGR 171, [2000] BLGR 171

Links:

Bailii

Statutes:

Consumer Protection Act 1987, Local Government Act 1972 111 142

Jurisdiction:

England and Wales

Cited by:

Cited – British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another Admn 20-Apr-2011
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative, Consumer

Updated: 21 July 2022; Ref: scu.279142

Mortell v Secretary of State for Communities and Local Government: Admn 12 Dec 2008

The claimant sought to quash a Compulsory purchase order for certain properties in Oldham.

Judges:

Collins J

Citations:

[2008] EWHC 3022 (Admin)

Links:

Bailii

Statutes:

Oldham (Derker Area Phase 1 Regeneration) Compulsory Purchase Order 2006

Cited by:

Appeal From – Mortell, Regina (on The Application of) v Secretary of State for Community and Local Government and Others CA 29-Oct-2009
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 21 July 2022; Ref: scu.278829

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 judge made an interim care order and gave an order for a residential assessment. The parents now appealed the decision of the Court of Appeal reversing that order.
Held: The parents’ appeal succeeded. An order for an assessment of a child together with the child’s family in a residential unit was within the power of the court assessing the need for a care order, and the court had power to override the authority’s objections if that was required to make its own decision. The section is to be given a wide reading, and the Act read purposively. Sections 38 (6) and (7) were not restricted to medical and psychiatric assessment alone. It was clear from the Act that ‘any other assessment’ of the child could be ordered. This could cover an assessment of the interaction between the child and parent. Though the the court may not order a child or a parent to participate in an assessment under s 38(6) it can override the powers the Local Authority.

Lord Browne-Wilkinson: ‘This broad approach is supported by consideration of s 38(7) which does not appear to have been drawn to the attention of the Court of Appeal either in Re M or in the present case. Subsection (7) confers on the court the power to prohibit an examination or assessment which the local authority is proposing to make. It is manifestly directed to the type of conduct by social services revealed by the Cleveland Inquiry, ie repeated interviews and assessments of the child and his parents which are detrimental to the child. This negative control by the court cannot have been intended to be limited to cases where the child, and only the child, is to be assessed. If it is to be fully effective to prevent damage to the child, the power under s 38(7) must also extend to cases where it is proposed to assess the relationship between the parents and the child.’ and ‘ . . it is impossible to assess a young child divorced from his environment. The interaction between the child and his parents or other persons looking after him is an essential element in making any assessment of the child.’

Judges:

Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Hope of Craighead

Citations:

Times 29-Nov-1996, [1996] UKHL 4, [1997] AC 489, [1996] 4 All ER 871, [1997] 1 FLR 1, [1997] Fam Law 228, [1997] 1 FCR 149, 95 LGR 367

Links:

House of Lords, Bailii

Statutes:

Children Act 1989 38(6) 38(7)

Jurisdiction:

England and Wales

Citing:

Not Followed – In Re M (Interim Care Order: Assessment) CA 2-Jan-1996
There was no jurisdiction under section 38(6) to order residential assessment of a family involved in care proceedings. The words ‘other assessment of the child’ had to be construed as ejusdem generis with the words ‘medical or psychiatric . .
Cited – In re L CA 1996
In exercising its jurisdiction under the Act, the court’s function is investigative and non-adversarial. Ward LJ: the court had no power to order a residential assessment at a specified place. Millett LJ agreed, but said that a judge could impose ‘a . .

Cited by:

Cited – In Re M (Residential Assessment Directions) FD 23-Sep-1998
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not . .
Cited – SD, Re Application for Judicial Review OHCS 2-Oct-2003
Parents sought judicial review of a decision not to open a Record of Needs for their child. A report said that the child was dyslexic. The applicants said his condition had not improved after an earlier request to open a record had been refused.
Cited – 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 . .
Applied – 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 . .
Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 19 July 2022; Ref: scu.81774

M, Regina (on the Application of) v London Borough of Barnet: Admn 6 Aug 2008

Challenge to the alleged ongoing refusal by the defendant to acknowledge its obligations to her under section 20 of the Children Act 1989 and therefore its alleged ongoing failure to comply with its obligations to her as a looked after, and therefore an eligible, child for the purposes of the leaving care provisions.

Citations:

[2008] EWHC 2354 (Admin), [2008] Fam Law 1197, [2009] 2 FLR 725

Links:

Bailii

Jurisdiction:

England and Wales

Children, Local Government

Updated: 19 July 2022; Ref: scu.276993

Chiltern District Council, Regina (on the Application of) v Wren Davis Ltd: Admn 24 Jul 2008

The company appealed a notice requiring them to abate noise. They failed, but the effect was to extend the time for compliance by six months. The authority sought their costs since they had upheld the notice.

Judges:

Sir George Newman

Citations:

[2008] EWHC 2164 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 80

Jurisdiction:

England and Wales

Magistrates, Local Government

Updated: 19 July 2022; Ref: scu.276531

Kaur and Another, Regina (on the Application of) v London Borough of Ealing and Another: Admn 29 Jul 2008

The applicants, representatives of the Black Sisters, challenged the implementation of a policy allocating grants. The authority required the services sponsored to provise services irrespective of race. The Black Sisters said this would impact disproportionately on black and ethnic minorities.
Held: A Minister must assess the risk and extent of any adverse impact and the ways in which such risk may be eliminated before the adoption of a proposed policy and not merely as a ‘rear guard action’, following a concluded decision.

Judges:

Moses LJ

Citations:

[2008] EWHC 2062 (Admin)

Links:

Bailii

Cited by:

Cited – AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .
Lists of cited by and citing cases may be incomplete.

Local Government, Discrimination

Updated: 19 July 2022; Ref: scu.276239

J B Leadbitter and Co Ltd v Devon County Council: ChD 1 May 2009

The claimant said that its tender had been wrongfully excluded from the defendant’s procurement process.

Judges:

David Richards J

Citations:

[2009] EWHC 930 (Ch)

Links:

Bailii

Statutes:

Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004, Public Contracts Regulations 2006 (SI 2006 No 5)

Jurisdiction:

England and Wales

Cited by:

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

Local Government, European

Updated: 18 July 2022; Ref: scu.341803

Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’): CA 29 Jul 2008

Pay protection provisions are commonly adopted, and provided any differential in pay does not continue for too long, they may justify what would otherwise be unlawful indirect discrimination.

Judges:

Mummery, Smith, Lindsay LJJ

Citations:

[2008] EWCA Civ 885, [2008] IRLR 776, [2009] ICR 133

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006
EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) were paid less because of the effect of bonuses and other extra . .
See Also – Redcar and Cleveland Borough Council v Bainbridge and others EAT 15-Nov-2006
. .
See Also – Bainbridge and others, Redcar and Cleveland Borough Council v Redcar and Cleveland Borough Council, Williams and others EAT 31-Jan-2007
EAT Practice and Procedure – Compromise. . .
See Also – Bainbridge and others v Redcar and Cleveland Borough Council EAT 23-Mar-2007
EAT Practice and Procedure – Compromise
Equal Pay Act – Work rated equivalent; Damages/Compensation
This case raises three issues, two of which are of particular significance in the field of equal . .
See Also – Redcar and Cleveland Borough Council v Bainbridge and others CA 21-Sep-2007
The council appealed against a finding of discrimination under the 1970 Act, saying it was impermissible to use as a comparator somebody found after a job evaluation study to be of a different, but lower grade, but with higher pay.
Held: The . .
Cited – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
Discrimination – Shifting Burden of Proof
(Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female . .

Cited by:

Cited – Barts and The London NHS Trust v Verma CA 12-Oct-2011
The doctor, originally qualified as a dentist, had achieved a contractual status as a surgeon with the Trust. When required to retrain, she complained that contrary to the NHS Terms for the employment of doctors, her pay grade had not been . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, Local Government

Updated: 18 July 2022; Ref: scu.271225

Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and AK: Admn 18 Jul 2008

Two local authorities disputed who should take responsibility for the care of a vulnerable young person. He had first claimed asylum in Liverpool, then was detained in Oxfordshire and last in Hillingdon who returned him on his request to Liverpool, who then refused responsibility.
Held: The connection was with Liverpool, and Hillingdon’s involvement ceased on his return to Liverpool.

Judges:

Goudie QC J

Citations:

[2008] EWHC 1702 (Admin), Times 03-Oct-2008

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another CA 10-Feb-2009
The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Immigration

Updated: 18 July 2022; Ref: scu.271103

Independent Workers’ Union of Great Britain and Others, Regina (on The Application of) v Mayor of London: Admn 24 Jul 2019

The claimant challenged the removal of exemption from liability to pay the congestion charge from private hire vehicles, save those designated wheelchair accessible.

Judges:

Lewis J

Citations:

[2019] WLR(D) 429, [2019] EWHC 1997 (Admin)

Links:

WLRD, Bailii

Jurisdiction:

England and Wales

Local Government, Road Traffic, Transport

Updated: 17 July 2022; Ref: scu.640127

L (An Infant), Regina (on The Application of) v Buckinghamshire County Council: Admn 12 Jul 2019

Lawfulness of a decision taken by the Cabinet of the Defendant (‘the Council’) at a meeting on 4 March 2019, to close 19 of its 35 existing children’s centres, whilst ensuring their continuing use for early years and community benefit.

Citations:

[2019] EWHC 1817 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 17 July 2022; Ref: scu.639697

Generali-Providencia Biztosito Zrt v Kozbeszerzesi Hatosag Kozbeszerzesi Dontobizottsag: ECJ 18 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Public procurement – Contracts falling below the threshold laid down in Directive 2004/18/EC – Articles 49 TFEU and 56 TFEU – Applicability – Certain cross-border interest – Grounds for exclusion from a tendering procedure – Exclusion of an economic operator having committed an infringement of national competition rules, established by a judgment given not more than five years ago – Lawfulness – Proportionality

Judges:

C. Vajda (Rapporteur), P

Citations:

C-470/13, [2014] EUECJ C-470/13

Links:

Bailii

Statutes:

Directive 2004/18/EC, TFEU 49 56

Jurisdiction:

European

Local Government

Updated: 17 July 2022; Ref: scu.540328

Gilboy, Regina (on the Application of) v Liverpool City Council and others: CA 2 Jul 2008

The court was asked whether the internal review procedure for reconsideration by local housing authorities of a decision to terminate a demoted tenancy established by sections 143E-143F of the Housing Act 1996 and the Demoted Tenancies (Review of Decisions (England) Regulations 2004 violates Article 6 of the Convention on Human Rights.

Judges:

Waller LJ

Citations:

[2008] EWCA Civ 751, Times 20-Aug-2008

Links:

Bailii

Statutes:

Housing Act 1996, Demoted Tenancies (Review of Decisions (England) Regulations 2004

Jurisdiction:

England and Wales

Local Government, Human Rights, Housing

Updated: 17 July 2022; Ref: scu.270578

Harrison v Derby City Council: CA 21 Apr 2008

The claimant injured herself tripping over a depression in the pavement. The council appealed a finding that it was in breach of its duty, saying that it had inspected the footway every six months.
Held: The appeal succeeded. Any collapse at this site would be from a cellar underlying the pavement, which might happen suddenly. It was not reasonable to require the council to have a separate inspection regime for this purpose.

Judges:

Sir Anthony Clarke MR, Laws, Longmore LJJ

Citations:

[2008] EWCA Civ 583

Links:

Bailii

Statutes:

Highways Act 1980 41(1) 58

Jurisdiction:

England and Wales

Citing:

Approved – Jacobs v Hampshire County Council QBD 28-May-1984
Skinner J discussed the application of section 58 of the 1980 Act saying: ‘that, in assessing whether a council has a defence under section 58 of the 1980 Act, it is necessary to take account of the sort of traffic which would foreseeable use the . .
Cited – Ward v Tesco Stores Ltd CA 1976
The claimant slipped on the contents of a yoghurt pot which had spilled onto the floor of the supermarket. The defendants gave evidence of frequent inspection and sweeping of the supermarket floor with instructions to the staff to clear up spillages . .
Cited – Atkins v London Borough of Ealing QBD 17-Oct-2006
An accident which occurred when a manhole cover tilted, causing the claimant’s foot to fall through into the hole and causing the claimant injury.
Held: The council’s appeal failed. . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Local Government

Updated: 17 July 2022; Ref: scu.270518

Trustees of the Harbour of Dundee v D and J Nicol: HL 10 Dec 1914

The pursuers challenged an initiative by the defenders which allegedly harmed their local steamer excursion business. The House was asked whether steamers acquired by a statutory body of harbour trustees who maintained a service of steamers for ferry traffic could be let out by them on hire for excursion trips beyond the ferry limits.
Held: Lord Dunedin emphasised that: ”Incidental,’ in my view, means incidental to the main purposes of the main business.’
He continued: ‘By the law of Scotland a litigant, and in particular a pursuer, must always qualify title and interest. Though the phrase ‘title to sue’ has been a heading under which cases have been collected from at least the time of Morison’s Dictionary and Brown’s Synopsis, I am not aware that anyone of authority has risked a definition of what constitutes title to sue. I am not disposed to do so, but I think it may fairly be said that for a person to have such title he must be a party (using the word in its widest sense) to some legal relation which gives him some right which the person against whom he raises the action either infringes or denies. . . If any persons are in such a relation as to constitute them trustees, or if, without being technically trustees, they have a fiduciary duty to others, those persons to whom they owe a fiduciary duty will have a title to sue to prevent the infringement of that duty.’ and ‘when I find that the respondents in the capacity of harbour ratepayers are members of the constituency erected by the Act of Parliament to elect the trustees, and as such are also persons for whose benefit the harbour is kept up, I cannot doubt that they have a title to prevent an ultra vires act of the appellants, which ultra vires act directly affects the property under their care. It is not only that loss of that property through improper acting may have the effect of imposing heavier rates on the respondents in the future, but in the words of Lord Johnston in the Stirling County Council case, as they have contributed to the funds which bought the property, ‘they have an interest in the administration of a . . fund to which they have contributed’, and a title flowing from that position and interest.’

Judges:

Lord Dunedin

Citations:

[1915] AC 550, [1914] UKHL 4, 1915 SC (HL) 7, (1914) 2 SLT 418

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Cited – Looe Fuels Ltd., Regina (on the Application of) v Looe Harbour Commissioners Admn 27-Apr-2007
The claimants sought judicial review of a decision of the defendant harbour masters themselves to install and sell from the harbour all fule for use by boats using it, saying that they had no power to operate such an enterprise.
Held: Whilst . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 15 July 2022; Ref: scu.268227

Jackson v Daventry District Council: Admn 1 May 1998

Citations:

[1998] EWHC Admin 476

Jurisdiction:

England and Wales

Citing:

Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning

Updated: 15 July 2022; Ref: scu.138597

Clarke, Regina (on The Application of) v Birmingham City Council: Admn 4 Jul 2019

Claim for judicial review of a decision of the Cabinet of the defendant council to confirm its decision approving an amended capital spending budget that included provision of some pounds 19m (out of an anticipated total of pounds 31m over three years) to fund the retro-fitting of sprinkler systems to all the tower blocks owned by the Council, in the wake of the fire at Grenfell Tower in London.

Judges:

David Cooke HHJ

Citations:

[2019] EWHC 1728 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Housing

Updated: 15 July 2022; Ref: scu.639690

Risk Management Partners Ltd v The London Borough of Brent: Admn 16 May 2008

Claim for damages – alleged breach of regulations by local council.
Held: Brent had acted in breach of the 2006 Regulations when it abandoned the tender process and awarded the insurance contracts to LAML. Issues of causation and damages were reserved.

Judges:

Stanley Burnton J

Citations:

[2008] EWHC 1094 (Admin), [2008] LGR 429

Links:

Bailii

Statutes:

Public Contracts Regulations 2006

Jurisdiction:

England and Wales

Citing:

See Also – Risk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent Admn 22-Apr-2008
Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the . .

Cited by:

Appeal from – Brent London Borough Council v Risk Management Partners Ltd CA 9-Jun-2009
Brent appealed from a finding that it had failed when redirecting a contract for insurance and had no power to become a member or participating member of London Authorities Mutual Limited or to make payments or to enter into commitments to make . .
At First Instance – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 14 July 2022; Ref: scu.267719

Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 29 Apr 2008

The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s appeal succeeded. If the defendant was to alter the map, the statutory procedure had to be followed precisely. The applications for the alterations had not been supported by the necessary information.
The Court considered what was meant by an application made in accordance with paragraph 1 of Schedule 14 to the 1981 Act within the meaning of section 67(6) of the 2006 Act. Dyson LJ said: ‘In my judgment, section 67(6) requires that, for the purposes of section 67(3), the application must be made strictly in accordance with paragraph 1. That is not to say that there is no scope for the application of the principle that the law is not concerned with very small things (de minimis non curat lex). Indeed this principle is explicitly recognised in regulation 8(1) of the 1993 Regulations. Thus minor departures from paragraph 1 will not invalidate an application.’

Judges:

Dyson, Ward, Thomas LJJ

Citations:

[2008] EWCA Civ 431, Times 08-May-2008, [2009] 1 WLR 138

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53(5), Natural Environment and Rural Communities Act 2006

Jurisdiction:

England and Wales

Citing:

Appeal from – Winchester College, Warden and Fellows of and Another; Regina (on the Application of) v Food and Rural Affairs Admn 28-Nov-2007
The applicants challenged the refusal of the defendant to alter the definitive right of way map. . .

Cited by:

Cited – Maroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .
Cited – Fortune and Others v Wiltshire Council and Another CA 20-Mar-2012
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights.
Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the . .
Cited – Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council Admn 2-Oct-2012
The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The . .
Cited – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 14 July 2022; Ref: scu.267229

Risk Management Partners Ltd, Regina (on the Application of) v The Council of London Borough of Brent: Admn 22 Apr 2008

Several local authorities had come together to establish a mutual insurance company. The defendants issued a tender for insurance, and the claimants complained that though their tender had been most advantageous, the defendant had abandoned the tender toaward the contract to the mutual company.
Held: Brent had no power under either section 111 of the Local Government Act 1972 or section 2 of the Local Government Act 2000 to participate in establishing LAML or become a participating member of that company, or to make payment of the capitalisation amount or to grant a guarantee to the company.

Judges:

Stanley Burnton LJ

Citations:

[2008] EWHC 692 (Admin), [2008] LGR 331

Links:

Bailii

Statutes:

Public Contracts Regulations 2006, Local Government Act 1972, Local Government Act 2000 2

Jurisdiction:

England and Wales

Cited by:

See Also – Risk Management Partners Ltd v The London Borough of Brent Admn 16-May-2008
Claim for damages – alleged breach of regulations by local council.
Held: Brent had acted in breach of the 2006 Regulations when it abandoned the tender process and awarded the insurance contracts to LAML. Issues of causation and damages were . .
See Also – Brent London Borough Council v Risk Management Partners Ltd CA 9-Jun-2009
Brent appealed from a finding that it had failed when redirecting a contract for insurance and had no power to become a member or participating member of London Authorities Mutual Limited or to make payments or to enter into commitments to make . .
At First Instance – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Insurance, Local Government

Updated: 14 July 2022; Ref: scu.267035

Honeygan-Green v London Borough of Islington: CA 22 Apr 2008

The claimant was a council tenant with the right to buy her property. A possession order was made, but then discharged.
Held: On the revival of the tenancy her right to buy and discount was also revived, and there was no need to serve a fresh notice.

Judges:

Lord Justice Pill, Lord Justice Keene and Lord Justice Maurice Kay

Citations:

[2008] EWCA Civ 363, Times 28-Apr-2008, [2008] 17 EG 162, [2008] L and TR 27, [2008] 4 All ER 459, [2008] NPC 53, [2008] 1 WLR 1350, [2008] 2 EGLR 133

Links:

Bailii

Statutes:

Housing Act 1985 124

Jurisdiction:

England and Wales

Citing:

Cited – Burrows v Brent London Borough Council HL 31-Oct-1996
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority . .
Appeal from – Islington London Borough Council v Honeygan-Green (Honeygan) QBD 25-May-2007
The court considered whether the determination of a secure tenancy by the granting of a possession order, brings to an end an existing application which has established the right to buy at a particular time and at a particular price, or whether such . .

Cited by:

Appeal from – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 14 July 2022; Ref: scu.267005

B v London Borough of Lewisham and Another: Admn 17 Apr 2008

Judges:

Black J

Citations:

[2008] EWHC 738 (Admin)

Links:

Bailii

Statutes:

Special Guardianship Regulations 2005, National Assistance Act 1948 21 24, Adoption and Children Act 2002

Cited by:

Cited – Barrett v Kirklees Metropolitan Council Admn 12-Mar-2010
The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 Act at two thirds only of the rate it paid in fostering allowance.
Held: The policy was a substantial and insufficiently justified . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 14 July 2022; Ref: scu.266962

Regina v Hounslow London Borough Council, ex parte Williamson: Admn 1996

An expression of a planning officer’s view was not a decision amenable to judicial review.

Judges:

Tuckey J

Citations:

[1996] EGCS 27

Jurisdiction:

England and Wales

Cited by:

Cited – Slot v East Hants District Council CA 17-Nov-1998
The claimants appealed the district judge’s decision to rescind the reference to arbitration.
Held: A point of law had arisen, and the decision made was one the judge could make of his own volition, and therefore no notice had been required. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 14 July 2022; Ref: scu.198650

SN, PN and CN, Regina (on The Application of) v London Borough of Enfield London Borough of Haringey: Admn 29 Mar 2019

Challenge to the First Defendant’s decision to cease providing the claimants with accommodation and subsistence under section 17 of the Children Act 1989 following an assessment of their needs.

Judges:

Anne Whyte QC

Citations:

[2019] EWHC 793 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Children

Updated: 14 July 2022; Ref: scu.639685

Magistrates of Haddington v Thomas Bernard and Co Ltd: HL 16 Dec 1901

Burgh – Royal Burgh – Petty Customs – Charter of Confirmation, Erection, and Novodamus – Lands Included in Charter Outside Walls and Ancient Boundaries of Royalty – Through Customs – Causeway Mail.
Held that petty customs were leviable on goods entering certain lands which were included in a royal charter of confirmation, erection, and novodamus granted to a royal burgh in 1624, even although the lands in question were not within the ancient boundaries of the royalty or the old defensive walls of the burgh, and had been held since 1815 upon titles granted by the magistrates, in which it was stipulated that goods going to these lands were to pay the same custom as if they had gone ‘through’ the burgh.

Judges:

Lord Chancellor (Halsbury), Lord Macnaghten, Lord Davey, Lord Brampton, Lord Robertson, and Lord Lindley

Citations:

[1901] UKHL 199, 39 SLR 199

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 14 July 2022; Ref: scu.630993

Shrewsbury and Atcham Borough Council and Another v Secretary of State for Communities and Local Government and Another: CA 4 Mar 2008

The basis of the Crown’s power to exercise certain administrative powers to carry on the ordinary business of government which are not exercises of the royal prerogative and do not require statutory authority, was the Crown’s status as a common law corporation sole, with all the capacities and powers of a natural person subject only to such particular limitations as were imposed by law.

Judges:

Waller VP CA, Carnwath, Richards LJJ

Citations:

[2008] 3 All ER 548, [2008] EWCA Civ 148

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .
Lists of cited by and citing cases may be incomplete.

Local Government, Constitutional

Updated: 13 July 2022; Ref: scu.266078

De Bierre, Regina (on the Application of) v Secretary of State for Communities and Local Government: Admn 21 Jan 2008

Citations:

[2008] EWHC 254 (Admin)

Links:

Bailii

Citing:

Cited – Ashbridge Investments Ltd v Minister of Housing and Local Government CA 1965
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
Held: The court can interfere if the decision maker has taken into account a . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 13 July 2022; Ref: scu.266019

Wragg and others v Surrey County Council: CA 1 Feb 2008

The Council appealed against declarations given that the respondent tenants (wildlife rangers) were entitled to purchase the freehold of their homes under right-to-buy. The Council said that the tenancies were occupied in connection with their employments.
Held: Richards LJ said: the provision is to be construed as laying down two distinct conditions: first, that ‘his contract of employment requires him to occupy the dwelling-house’; secondly, that the requirement is ‘for the better performance of his duties’. The first condition looks only to the terms of the contract: the question is simply whether the contract contains such a requirement or not. The second condition, however, raises an issue of fact outside the contract: the question is not whether the contract states that the requirement is for the better performance of his duties, but whether the requirement is in fact for the better performance of his duties.’ and ‘The legislative policy behind the statutory provision must be to deny an employee security of tenure and the right to buy only in those cases where there is a real link between the requirement to occupy the property and the performance of the employee’s duties, such as to justify the employer recovering the property for use by subsequent employees when the present occupier’s employment comes to an end.’

Judges:

Pill, Moore-Bick, Richards LJJ

Citations:

[2008] EWCA Civ 19

Links:

Bailii

Statutes:

Housing Act 1985 118 124

Jurisdiction:

England and Wales

Citing:

Cited – Norris (t/a J Davis and Son) v Checksfield CA 17-Apr-1991
The employee occupied the property under a licence granted by his employer for the better performance of his employment duties. At first he had been taken on as a semi-skilled mechanic, but he was later offered occupation of the employer’s bungalow . .
Cited – Fox v Dalby 1874
A militia sergeant occupied a house built expressly for accommodation of persons looking after the stores and which had been assigned to him by his commanding officer.
Held: The sergeant did not occupy the house as a tenant. Brett J said: . .
Applied – Glasgow Corporation v Johnstone and Others (orse Johnstons) HL 1965
A house lived in by a church officer was occupied for rating purposes by the church’s congregational board which employed him, and so was not liable for full rates. Lord Hodson said: ‘The distinction is usually shortly stated in this way: if the . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 13 July 2022; Ref: scu.264055

Godwin v Rossendale Borough Council: CA 3 May 2002

The appellant was a landlord. His tenant was entitled to housing benefit, which was paid direct to the landlord. The authority decided that the benefit was no longer payable, and sought eventually to recover overpayments from the landlord by making deductions from other amounts due to him for tenants in the same building.
Held: The sums were repayable. The council should have given him notice of the intention to stop the benefit, but that fault was cured by his having a right of appeal later. It would make sense to hear both appeals together.

Judges:

Lord Justice Peter Gibson, Lord Justice Chadwick and Lord Justice Clarke

Citations:

Times 24-May-2002, Gazette 13-Jun-2002, [2002] EWCA Civ 726

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Housing, Benefits, Benefits

Updated: 13 July 2022; Ref: scu.171263