Category: Local Government

Muir v Thompson and Others: HL 28 Feb 1876

Held (aff. judgment) that mandates bearing to be used at a meeting of the Parochial Board of a parish, to be held on 2d August or any subsequent day to which the said meeting might be adjourned, were validly used at a meeting held on a later day for the same purpose, although there had been no meeting on 2d August, and consequently no adjournment. Held, also, that an alteration by the printer of the date originally appointed in the mandate did not invalidate such mandate.

Citations:

[1876] UKHL 739, 13 SLR 739

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 12 July 2022; Ref: scu.639634

Manchester Corporation v Williams: QBD 1891

The defendant wrote to a newspaper alleging that ‘in the case of two if not three departments of our Manchester city council, bribery and corruption have existed and done their nefarious work.’
Held: The claim disclosed no cause of action. A corporation may sue for a libel affecting property, but not for one merely affecting personal reputation.
Day J said (Times): ‘This action is brought by the mayor, aldermen, and citizens of the city of Manchester to recover damages from the defendant in respect of that which is alleged by them to be a libel on the corporation. The alleged libel is contained in a letter written by the defendant to the editor of the ‘Manchester Examiner and Times’, which charged, as alleged by the statement of claim, that bribery and corruption existed or had existed in three departments of the Manchester City Council, and that the plaintiffs were either parties thereto or culpably ignorant thereof, and that the said bribery and corruption prevailed to such an extent as to render necessary an inquiry by a parliamentary commission. Now it is for us to determine whether a corporation can bring such an action, and I must say that, to my mind, to allow such a thing would be wholly unprecedented and contrary to principle. A corporation may sue for a libel affecting property, not for one merely affecting personal reputation. This does not fall within the class of case in respect of which a corporation can maintain an action, but does fall within the second class commented on by Pollock C.B. in his judgment in the case of the Metropolitan Saloon Omnibus Co. Ltd. v. Hawkins, 4 H. and N. 87, with which I fully agree . .
The charge in the present case is one of bribery and corruption, of which a corporation cannot possibly be guilty, and therefore, in my opinion, this action will not lie.’
Lawrance J agreed.

Judges:

Day, Lawrance JJ

Citations:

[1891] 1 QB 94, (1891) 63 LT 805

Jurisdiction:

England and Wales

Cited by:

Cited – Derbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Lists of cited by and citing cases may be incomplete.

Defamation, Local Government

Updated: 12 July 2022; Ref: scu.445473

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.

Judges:

George Bartlett QC J

Citations:

[2007] EWHC 2786 (Admin), Times 08-May-2008

Links:

Bailii

Statutes:

Natural Environment and Rural Communities Act 2006 67, Wildlife and Countryside Act 1981 Part III

Jurisdiction:

England and Wales

Cited by:

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

Land, Local Government

Updated: 12 July 2022; Ref: scu.261598

District Committee of Lower Ward of Lanarkshire v Magistrates of Rutherglen: HL 5 Aug 1902

Held ( rev. judgment of the First Division and restoring judgment of Lord Kyllachy, Ordinary) that the local authority, for the purposes of the Public Health Act 1897, within an area comprised within the ancient royalty of a royal burgh, but outside the area of the burgh for police purposes, was the district committee of the county council and not the council of the royal burgh.

Judges:

Lord Davey in the Chair, Lord Robertson, and Lord Lindley, the concurrence of the Lord Chancellor (Halsbury) and Lords Macnaghten and Brampton being intimated

Citations:

[1902] UKHL 857, 39 SLR 857

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 11 July 2022; Ref: scu.630805

Wick Burgh Extension Provisional Order: HL 28 Jul 1902

Private Legislation Procedure – Provisional Order – Extension of Burgh – Inclusion of Part of Area of County – Competency – Financial Adjustment as between Burgh and County.

Judges:

Mr D. Brynmor Jones, M.P., Chairman; Sir Walter Thorburn, M.P.; Mr C. E. H. Hobhouse, M.P.; Mr A. K. Loyd, M.P., at Edinburgh

Citations:

[1902] UKHL 882 – 1

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 11 July 2022; Ref: scu.630801

S, Regina (on the Application of) v London Borough of Sutton: CA 26 Jul 2007

The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women under the homelessness legislation, though also conceding that she could have been accommodated there under the Children Act.
Held: She had in fact been placed there in fulfilment of their Children Act obligations, and they continued to owe her obligations after she reached the age of 18.

Judges:

Lord Clarke of Stone-cum-Ebony MR, Arden, Hooper LJJ

Citations:

[2007] EWCA Civ 790, 10 CCLR 615

Links:

Bailii

Statutes:

Children Act 1989 20 23B

Jurisdiction:

England and Wales

Citing:

Helpful – H and others v London Borough of Wandsworth and others Admn 23-Apr-2007
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued . .

Cited by:

Cited – M, Regina (on the Application of) v London Borough of Hammersmith and Fulham HL 27-Feb-2008
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards . .
Cited – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 11 July 2022; Ref: scu.258425

British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007

Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised.
Held: There is an emerging consensus that, at least in care cases, judgments should be published, albeit in anonymised form, Subject to appropriate anonymisation, the material should be published.

Judges:

Munby J

Citations:

[2007] EWHC 616 (Fam), [2007] 2 FLR 765

Links:

Bailii

Statutes:

Children Act 1989 31(2)

Jurisdiction:

England and Wales

Citing:

Cited – B (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Cited – Norfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Cited – Clayton v Clayton CA 27-Jun-2006
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified.
Cited – A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
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 – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – George Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
Cited – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
Cited – Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
Cited – Doorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Cited – A Health Authority v Dr X and Others CA 21-Dec-2001
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with . .
Cited – A Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .

Cited by:

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

Children, Media, Local Government

Updated: 11 July 2022; Ref: scu.253470

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 an application is capable of being revived once the tenancy itself has been revived.
Held: Once the possession order had been granted, the tenant became a tolerated trespassser. Once she repaid the arrears, she became a secure tenant again, but she would then have to make a fresh application to purchase a long lease.

Judges:

Nelson J

Citations:

[2007] EWHC 1270 (QB), Times 28-Jun-2007, [2007] 4 All ER 818

Links:

Bailii

Statutes:

Housing Act 1985 122

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
Cited – 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: 11 July 2022; Ref: scu.253273

O’Connor and Another v Wiltshire County Council: CA 9 May 2007

The claimants sought compensation for the diminution in the values of their properties because of noise pollution from a new highway. The defendant highway authority said that liability had been transferred to its contractors, and it had not been and was not a highway maintainable at public expense.
Held: The road had been constructed for the defendant through a consortium. The construction had however been under the authority’s powers under the 1980 Act, which did not empower the authority to avoid responsibility by contracting it out. It remained liable.

Judges:

Chadiwck LJ, Scott Baker LJ, Thomas LJ

Citations:

Times 28-May-2007, [2007] EWCA Civ 426

Links:

Bailii

Statutes:

Land Compensation Act 1973 16, Highways Act 1980 24(2) 274

Jurisdiction:

England and Wales

Citing:

Cited – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government, Nuisance

Updated: 11 July 2022; Ref: scu.251775

White v Knowsley Housing Trust and Another: CA 2 May 2007

The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord.
Held: The tenant’s appeal was dismissed. The secure tenancy was determined at the time set by the court order made, and not only when possession was taken. In this case the secure tenancy expired on the last day fixed by the order for the tenant to give possession. She had no right to buy the property. After the last date stated for possession, the tenant was only a tolerated trespasser.

Citations:

[2007] EWCA Civ 404, Times 15-May-2007

Links:

Bailii

Statutes:

Housing Act 1988

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 . .
Cited – Harlow District Council v Hall CA 28-Feb-2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was . .
Cited – Bristol City Council v Hassan and Glastonbury CA 23-May-2006
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Cited – Brent London Borough Council v Knightley and Another CA 26-Feb-1997
The daughter of a deceased tenant claimed succession to her mother’s interest in a tenancy which was subject to a possession order.
Held: There can be no succession to a tolerated trespasser under a former secure tenancy. . .
Cited – Keeves v Dunn CA 1924
The court considred the meaing of the term ‘statutory tenancy’: ‘I think that it is a pity that that expression [‘statutory tenant’] was ever introduced. It is really a misnomer, for he is not a tenant at all; although he cannot be turned out of . .
Cited – Sherrin v Brand CA 1956
The landlord had obtained a possession order against his secure tenant. The order was suspended, but the landlord then failed to enforce the order after the date and when the tenant had failed to comply with the terms of the suspension. The tenant . .
Cited – Thompson v Elmbridge Borough Council CA 1987
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order . .
Cited – Clarke v Grant CA 1950
Lord Goddard CJ said: ‘if a notice to quit has been given in respect of a periodic tenancy such as a yearly tenancy, the result is to bring the tenancy to an end just as effectually as if there had been a term which had expired.’ . .
Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – Artesian Residential Investments Limited v Beck CA 19-Mar-1999
The tenant sought relief from forfeiture under section 138 against a landlord seeking possession of his assured tenancy. There were arrears of rent which he believed he could pay.
Held: The grounds for possession were statutory, and had been . .

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: 10 July 2022; Ref: scu.251617

Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007

The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority appealed against a finding that the procedure was unfair.
Held: Though the authority had failed to give the applicant a full opportunity to comment on the reports on which it had acted, the appeal was allowed.
Hallett LJ said that the fact that the material in the assessment was essentially derived from the respondent herself was one of the factors in deciding that there had been no unfairness.

Judges:

Dyson LJ, Hallett LJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 234

Links:

Bailii

Statutes:

National Health Service and Community Care Act 1990 47, National Assistance Act 1948 21(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Wahid v London Borough of Tower Hamlets CA 7-Mar-2002
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better . .
Cited – CREEDNZ Inc v The Governor General 1981
(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Regina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
Cited – London Borough of Tower Hamlets v Runa Begum CA 6-Mar-2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions . .
Cited – Regina v Islington Borough Council Ex Parte Rixon QBD 17-Apr-1996
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act.
Held: A Local Authority should allow for non-statutory guidance in assessing a disabled . .
Appeal from – Ireneschild, Regina (on the Application Of) v London Borough of Lambeth Admn 8-Sep-2006
The claimant sought judicial review of the authority’s decision as to her housing requirements saying that the consultation had been inadequate.
Held: Judicial review was granted. . .

Cited by:

Cited – Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 10 July 2022; Ref: scu.250041

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.

Judges:

Teare J

Citations:

[2006] EWHC 2515 (QB)

Links:

Bailii

Statutes:

Highways Act 1980 41(1) 58

Jurisdiction:

England and Wales

Cited by:

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

Personal Injury, Local Government

Updated: 10 July 2022; Ref: scu.245951

Regina v Birmingham City Council, ex parte Dredger: QBD 22 Jan 1993

The local authority, operators of the market, increased the rents payable by the tenants. The tenants sought a review of the decision.
Held: The act was that of a public authority and was subject to judicial review. The market stall-holders were entitled to be consulted before charges were increased.

Judges:

Hutchinson J

Citations:

[1994] 6 Admin L R 553, Times 28-Jan-1993, (1993) COD 340

Statutes:

Local Government (Miscellaneous Provisions) Act 1976

Jurisdiction:

England and Wales

Citing:

Followed – Regina v Barnsley Metropolitan Borough Council, ex parte Hook CA 1976
The applicant applied to have quashed the decision of the local council to exclude him from trading in the market and to revoke his right to have a stall.
Held: He succeeded on the grounds that the decision had been taken in breach of the . .

Cited by:

Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review

Updated: 10 July 2022; Ref: scu.185803

Regina v Royal County of Berkshire ex parte P: Admn 9 Jul 1996

An assessment for community care need not to be set according to the services available.

Citations:

Times 15-Aug-1996, [1996] EWHC Admin 25, (1998) 1 CCL Rep 141, [1997] COD 64, (1997) 33 BMLR 71, (1997-98) 1 CCL Rep 141

Links:

Bailii

Statutes:

National Health Service and Community Care Act 1990 47(1)

Jurisdiction:

England and Wales

Health, Local Government

Updated: 10 July 2022; Ref: scu.136573

Regina v Coventry Airport Ex Parte Phoenix Aviation; Regina v Dover Harbour Board Ex Parte Gilder: Admn 12 Apr 1995

A local authority operator of an airport suspended flights on aircraft transporting livestock; a harbour authority refused to allow cross-Channel services for the export of live animals; and a local authority challenged the decision of a statutory body operating a dock not to ban the export of live animals. In each case what was relied on to justify imposing a ban was the activity and size of the disruptive protests.
Held: None of the bans was lawful under the body’s statutory power but each was, or would have been, unlawful. The authority had given in to unlawful threats. ‘None of them, it appears, gave the least thought to the awesome implications for the rule of law of doing what they propose.’ This was contrary to ‘the thread [which] runs consistently throughout all the case law; the recognition that public authorities must beware of surrendering to the dictates of unlawful pressure groups.’ A lawful trade in live animals was not to be interrupted for fear of public disorder.

Judges:

Simon Brown LJ, Popplewell J

Citations:

Independent 13-Apr-1995, Times 17-Apr-1995, [1995] EWHC Admin 1, [1995] 3 All ER 37

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Cited – Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 10 July 2022; Ref: scu.86452

Rixon, Regina (on The Application of) v London Borough of Islington: Admn 15 Mar 1996

‘This application for judicial review concerns alleged failures of the London Borough of Islington to make provision according to law for the social, recreational and educational needs of the applicant . . who is now 25 and suffers from Seckels syndrome. He is blind, microcephalic, practically immobile, doubly incontinent and largely unable to communicate. He suffers from severe deformities of the chest and spine, a hiatus hernia and a permanent digestive disorder. His size and weight are those of a small child, but his helplessness and dependency are those of a baby. He is reliant on the devoted care of his mother and of others who assist her.’

Judges:

Sedley J

Citations:

[1996] EWHC 399 (Admin), (1996) 32 BMLR 136, (1997-98) 1 CCL Rep 119, [1997] ELR 66

Links:

Bailii

Jurisdiction:

England and Wales

Health, Local Government

Updated: 10 July 2022; Ref: scu.566421

Burnett v Grampian Fire and Rescue Service: SCS 9 Jan 2007

SCS At this debate on a preliminary plea the court was asked to decide if Grampian Fire and Rescue Service owed a duty of reasonable care to Mr Burnett when fighting a fire which caused to his property. Mr Burnett raised the action in 2002.
Held: Lord Macphail decided that if the circumstances of the fire were as Mr Burnett claimed them to be, Grampian Fire and Rescue Service would owe himdid have a duty of reasonable care at common law.

Judges:

Lord Macphail

Citations:

[2007] ScotCS CSOH – 03

Links:

Bailii, ScotC

Citing:

Applied – Duff v Highland and Islands Fire Board SCS 3-Nov-1995
(Scots) Firemen were not immune from suit for negligence as are police; no discretion. Lord Macfadyen observed obiter that he would have rejected a submission that the defenders did not owe to the owners of property affected by a fire which they . .
Not followed – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .

Cited by:

Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.

Scotland, Local Government, Negligence

Updated: 09 July 2022; Ref: scu.247657

London Borough of Bexley v Maison Maurice Ltd: ChD 15 Dec 2006

The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road.
Held: The result of the council’s decisions was to leave a ransom strip. Whilst the grant of planning permission to create a new access could not create an estoppel, the associated building works might. The company ‘had exchanged one means of access for another effective means of access to the highway; and conducted itself accordingly. In my judgment this belief was encouraged by the Council. ‘ An estoppel had been established against the council, and a declaration was made accordingly.

Citations:

[2006] EWHC 3192 (Ch)

Links:

Bailii

Statutes:

Highways Act 1980 24(2)

Jurisdiction:

England and Wales

Citing:

Cited – Hale v Norfolk County Council CA 17-Nov-2000
A public right away could not be presumed to have been granted by the owner of land adjoining a public highway merely from the erection of fences or hedges on the side of a highway. There is no simple rule that the land was deemed to have been . .
Cited – Rhyl Urban District Council v Rhyl Amusements Ltd 1959
The tenant said that the landlord local authority had accepted his surrender of his lease by granting a new one, but the new lease was void as ultra vires.
Held: Not even the surrender of their old lease on the promise to grant the new one . .
Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Cited – Crabb v Arun District Council CA 23-Jul-1975
The plaintiff was led to believe that he would acquire a right of access to his land. In reliance on that belief he sold off part of his land, leaving the remainder landlocked.
Held: His claim to have raised an equity was upheld. The plaintiff . .
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Grampian Regional Council v City of Aberdeen District Council 1984
The extinguishment of a private right is not a proper matter for a condition attached to a planning permission, even though a negative condition preventing development until a highway has been stopped up is unobjectionable. . .
Cited – Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed CA 22-Feb-2002
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the . .
Cited – Cobbe v Yeomans Row Management Ltd and Others ChD 25-Feb-2005
Principles for Proprietary Estoppel
A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 08 July 2022; Ref: scu.247404

Regina v Cardiff City Council ex parte Gooding Investments: Admn 1996

Judges:

Owen J

Citations:

[1996] Env LR 288

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Worcestershire Health Council (Arising From the Complaint of Kidderminster and District Community Health Council) CA 28-May-1999
The respondent had planned to downgrade a local hospital, closing the accident and emergency department. This was a renewed application for leave to seek judicial review of the plan. The health authority initially developed and had before them seven . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 08 July 2022; Ref: scu.224898

Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed: Admn 18 Jan 1996

Citations:

[1996] EWHC Admin 4

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .

Cited by:

Appealed to – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Lists of cited by and citing cases may be incomplete.

Administrative, Local Government, Housing

Updated: 08 July 2022; Ref: scu.136552

Livingstone v The Adjudication Panel for England: Admn 19 Oct 2006

The claimant challenged a finding that as Mayor of London offensive remarks he had made to a journalist as he was pursued leaving a private party had brought his office into disrepute.
Held: The appeal succeeded. Though the remarks may have reduced the claimant’s personal standing, they had insufficient connection with his position to be found to bring his office into disrepute. The Act required the conduct to be ‘in performing his functions’. The court noted that there ‘is a danger in regarding any misconduct as particularly affecting the reputation of the office rather than the man. If a councillor commits sexual misconduct or is convicted of theft, I do not think the reputation of the office is thereby necessarily brought into disrepute. His certainly will be. If the high profile test is correct, anything done by the appellant which can be regarded as improper may fall within Paragraph 4, however remote from his official position. ‘

Judges:

Collins J

Citations:

[2006] EWHC 2533 (Admin), Times 09-Nov-2006, [2006] BLGR 799, [2006] HRLR 45, [2007] ACD 22

Links:

Bailii

Statutes:

Local Government Act 2000 79(15)

Citing:

Cited – R (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
Cited – Derbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – E I Du Pont De Nemours and Company v S T Dupont; Du Pont Trade Mark CA 10-Oct-2003
The court considered the circumstances under which a Hearing Officer’s decision could be reversed on appeal: ‘Those experienced in cases such as these, such as the Hearing Officer, would have known that the sort of evidence normally adduced on . .

Cited by:

Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 08 July 2022; Ref: scu.245595

Ireneschild, Regina (on the Application Of) v London Borough of Lambeth: Admn 8 Sep 2006

The claimant sought judicial review of the authority’s decision as to her housing requirements saying that the consultation had been inadequate.
Held: Judicial review was granted.

Citations:

[2006] EWHC 2354 (Admin)

Links:

Bailii

Cited by:

Appeal from – Lambeth London Borough Council v Ireneschild CA 16-Mar-2007
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 08 July 2022; Ref: scu.245591

Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council: Admn 25 Aug 2006

The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to consider what was in the interest of the Council. And in reaching its decision, immediate financial benefits were not the only consideration. The Cabinet had to take into account the desirability in the interests of the inhabitants of Bridgend of providing special employment and in maintaining what, after a public inquiry, the UDP had laid down. The existence of planning permission and the effect on the claimants, while no doubt worthy of consideration, could not be given any weight if the conclusion was properly reached that the interests of the Council meant that the land should be retained for future development. Indeed, since the incoming administration had formed the view that the development was inappropriate, the Cabinet was not only entitled but bound to look only to what it regarded as the best interests of the Council and inhabitants of Bridgend. ‘

Judges:

Collins J

Citations:

[2006] EWHC 2189 (Admin)

Links:

Bailii

Statutes:

Local Government Act 1972 123(2)

Citing:

Cited – Regina v Amber Valley District Council ex parte Dickson QBD 1984
One group on the council decided to support a proposed planning application. It was then asked whether that prevented a member of the group sitting on the committee which would assess it. There was an affidavit from the leader of the majority group . .
Cited – Lower Hutt City Council v Bank 1974
(New Zealand Court of Appeal) The court was asked about the validity of a decision of a local council where it was said that a councillor had already made up his mind: ‘It cannot be doubted that one of the cardinal principle of natural justice, and . .
Cited – Regina v Waltham Forest London Borough Council, Ex parte Baxter CA 1988
Challenge was made to the way the Council set its rate. Prior to the decision, the majority group held a private meeting at which a decision was reached following a vote on the appropriate increase. It was then the duty of the members to vote in . .
Cited – Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .
Cited – Bovis Homes Ltd v New Forest District Council Admn 2002
An allegation of bias was based on the participation by a councillor in the meeting which adopted the council’s local plan who was a member of a committee and had been involved in a meeting of that committee which had supported the proposed . .
Cited – Regina (Loudon) v Bury School Organisation Committee Admn 2002
Lightman J said: ‘The distinction between (disqualifying) pecuniary interests and (non-disqualifying) potential pre-judgment arising from prior publicly stated views in the case of administrative bodies . . is well-established: see e.g. R v SSE ex p . .
Cited – Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel Admn 7-Apr-2004
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council’s Conservation Advisory Group which had held a meeting before the Planning . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 07 July 2022; Ref: scu.244689

Regina v Brentwood Borough Council Ex Parte Peck: Admn 18 Dec 1997

The claimant sought judicial review of the authority’s distribution to the media of a CCTV film of his attempted suicide.
Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection.

Judges:

Harrison J

Citations:

Times 18-Dec-1997, [1997] EWHC Admin 1041

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 111

Jurisdiction:

England and Wales

Intellectual Property, Judicial Review, Local Government, Media

Updated: 07 July 2022; Ref: scu.86197

Pierce v Doncaster Metropolitan Borough Council: QBD 13 Dec 2007

The claimant sought damages, saying that the local authority had failed to protect him when he was a child against abuse by his parents.
Held: The claimant had been known to the authority since he was a young child, and they owed him a duty of care. The authority had missed a statutory review. The defendant did owe a duty of care to the claimant. They had known of his difficulties since he had been young and were liable, and had failed in their duties to him.

Judges:

Eady J

Citations:

[2007] EWHC 2968 (QB), Times 27-Dec-2007, [2008] 1 FCR 122, (2008) 100 BMLR 76, [2008] 1 FLR 922, [2008] Fam Law 315

Links:

Bailii

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 – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Z And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
Cited – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – Dobbie v Medway Health Authority CA 11-May-1994
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be . .
Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Cited – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years.
Held: The judge had misapplied the test laid down . .
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 – Hallam-Eames and Others v Merrett Syndicates Ltd and Others CA 25-Jan-1995
Members of Lloyd’s who faced re-insurance underwriting liabilities alleged negligence on the part of the active underwriter, their members’ agents and their syndicates’ managing agents. Limitation defences were raised.
Held: Mere knowledge of . .
Lists of cited by and citing cases may be incomplete.

Local Government, Negligence

Updated: 06 July 2022; Ref: scu.262119

Carbotermo SpA, Consorzio Alisei v Comune di Busto Arsizio,AGESP SpA: ECJ 11 May 2006

ECJ Opinion – Directive 93/36/EEC – Public supply contracts – Award of contract without a call for tenders – Award of the contract to an undertaking in which the contracting authority has a shareholding.

Judges:

Stix-Hackl AG

Citations:

C-340/04, [2006] EUECJ C-340/04, [2006] 3 CMLR 7

Links:

Bailii

Statutes:

Directive 93/36/EEC

Jurisdiction:

European

Cited by:

Cited – Tachie and Others v Welwyn Hatfield Borough Council QBD 13-Dec-2013
The three appellants each challenged decisions refusing their homelessness reviews, saying that the decisions had been made by outside contracters and were unlawful.
Held: The company was a subsidiary of the Council, and the Teckal exception . .
Cited – 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.

Commercial, Local Government

Updated: 06 July 2022; Ref: scu.241698

Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society: Admn 5 Apr 2006

Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. A possibility of bias might be seen, but a fair minded and informed observer having regard to the particular circumstances would not conclude that there was a real possibility of apparent bias which might affect the decision.

Judges:

Newman J

Citations:

[2006] EWHC 742 (Admin), Times 14-Apr-2006

Links:

Bailii

Statutes:

Local Government Act 2000 51

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) HL 15-Jan-1999
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign . .
Cited – Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel Admn 7-Apr-2004
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council’s Conservation Advisory Group which had held a meeting before the Planning . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited – Regina (McCann and Others) v Manchester Crown Court CA 9-Mar-2001
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 05 July 2022; Ref: scu.240341

M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under the section.
Held: The application raised a point of some importance, though its significance had passed for the claimant. The authority to whom the request was made was under a duty to provide accommodation irrespective of whether in fact the child resided within their area.
The court considered whether the duty was owed to any child within the district, or only for children ordinarily resident within the area. The court noted that the Act made a clear distinction. In some sections, duties were owed to children within the area, and in others that qualification was absent.
Dyson LJ said: ‘The broad policy and objects of Part III of the Children Act 1989 are that local authorities should provide support for children and families.’

Judges:

Thorpe, Dyson, Moore-Bick LJJ

Citations:

[2006] EWCA Civ 221, Times 27-Apr-2006, [2006] 3 WLR 108, [2006] Fam Law 444, [2006] QB 650, [2007] 1 All ER 1262, (2006) 9 CCL Rep 337, [2006] 2 FLR 379

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 38(6), Children Act 1989 21 25(1)

Jurisdiction:

England and Wales

Citing:

Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Regina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
Cited – Regina (on the application of K) v Camden and Islington Health Authority CA 21-Feb-2001
The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in . .

Cited by:

Cited – M and Another, Regina (on the Application of) v London Borough of Lambeth and others Admn 20-Jun-2008
The claimant had arrived from Afhganistan and sought asylum and accomodation as a child. The social worker involved assessed him to be an adult.
Held: The decision was within the duties of the local authorities. . .
Cited – A, Regina (on the Application of) v London Borough of Croydon CA 18-Dec-2008
The court declined appeals against findings that local authorities through social workers could properly assess whether the claimants were under eighteen and entitled, though asylum seekers, to housing provision and support under the 1989 Act. . .
Cited – MM, Regina (on the Application of) v London Borough of Lewisham Admn 6-Mar-2009
The court considered the extent of an Authority’s duties when a young woman (17) came to its attention under section 17 of the 1989 Act. The claimant was fleeing the domestic violence of her partner. The authority had said that she should seek help . .
Cited – VC and Others, Regina (on The Application of) v Newcastle City Council Admn 24-Oct-2011
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Children

Updated: 05 July 2022; Ref: scu.239111

Isle of Wight Council v Revenue and Customs: VDT 23 Jan 2006

VDT LOCAL AUTHORITIES – Off-street parking – Taxable person – Whether treatment as non-taxable person in relation to off-street parking activities would result in significant distortions of competition – No – Sixth VAT Directive (77/388/EEC) Act 4.5

Citations:

[2006] UKVAT V19427

Links:

Bailii

VAT, Local Government

Updated: 05 July 2022; Ref: scu.238963

Blackie and Others (Committee of Market Gardeners) v Magistrates of Edinburgh: HL 18 Feb 1886

Prior to 1823 the Fruit and Vegetable Market of Edinburgh was in use to be held by the Magistrates, in virtue of their exclusive right to hold fairs and markets, conferred by royal grant and legislation following thereon, in public streets of the city, at places varying from time to time. In 1823 a market-place was set apart and enclosed. In 1860 this site was acquired by a railway company under an Act providing that they should be bound to construct and make over to the Magistrates another marketplace, not in the open street, but enclosed, and of not less accommodation than that then existing, and the company subsequently agreed with the Magistrates to provide such a market-place, and constructed and gave over to the Magistrates in implement of the obligation a new market-place. In 1874 an Act was passed, of which section 8 provided that ‘the Corporation may cover in in a suitable and convenient manner the Fruit and Vegetable Market-place, and improve and better adapt the same for the purposes of such market, and for the accommodation of parties using the same, and of the public, and may make such internal and other arrangements and divisions in regard to stands, stalls, and shops as to them may seem suitable; provided always that the ground floor only of such market-place shall be used for such Fruit and Vegetable Market, and that all vacant portions of such marketplace, whether on the ground floor or above the same, and all vacant and unlet stands, stalls, or shops in or on such market-place, may be let or used by the Corporation for such purposes, and for such rents or rates as to them shall seem proper.’ Increased dues were levied by the Magistrates for the market gardeners’ stances in respect of these improvements. The market-place, under the bye-laws of the Magistrates, comprehended not only the market-house, but the streets, and co, within 100 yards measured from any part of it. The market was held on the mornings of three days in each week. The Magistrates having given for a public exhibition the use of the marketplace for a period of three weeks, so as to exclude the market gardeners and their customers from the market-house, and caused the market to be held on the public street within the 100 yards radius, an action was raised by the market gardeners to try the question of the power of the Magistrates so to act.
Held (aff. judgment of First Division) that the market-house was the ‘market place’ within the meaning of sec. 8 above quoted, and was held by the Magistrates primarily for use as a fruit and vegetable market; and (2) that it was beyond the powers of the Magistrates to exclude the market gardeners and the public using the market-house from the use of it for three weeks continuously, assigning them only unenclosed ground on the neighbouring streets.
Opinion (diff. from First Division) that the Magistrates had no discretion to exclude the public from the use of the market during market hours, whether such exclusion was to the extent of causing serious and material inconvenience or not.

Judges:

Lord Chancellor Herschell, Lords Watson, Fitzgerald, and Halsbury

Citations:

[1886] UKHL 501, 23 SLR 501

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Land

Updated: 05 July 2022; Ref: scu.637727

Glasgow Court-Houses Commissioners v Lanarkshire County: HL 18 Dec 1902

The Glasgow Court-Houses Act 1890 authorised the Glasgow Court-Houses Commissioners to acquire certain lands and buildings for the purpose of enlarging and improving the Sheriff and Justice of the Peace Court-Houses in the city of Glasgow. Section 13 provided that the Commissioners might apportion, assess, and charge the sums of money borrowed under the powers of the Act upon certain public bodies named in a schedule annexed to the Act ‘in proportion to the gross valuation for the year ending on the 15th of May 1890 of the lands and heritages situated within the respective areas under the jurisdiction of such public bodies.’ One of the public bodies named in the schedule was the County Council of the county of Lanark.
Section 15 provided that ‘the County Council of Lanark, as representing the Lower Ward thereof and the police burghs therein,’ should pay to the Commissioners out of certain specified assessments such sum ‘as the Commissioners should assess as the share payable by the said County Council’ for the expenses of carrying into effect the Glasgow Court-Houses Acts.
Section 18 gave power to the Commissioners to sell or lease to the County Council, and to the County Council to purchase or take on lease, any portion of the lands and houses in the possession of or to be acquired by the Commissioners; and section 19 empowered the County Council to borrow money for the purposes of such sale or lease upon the security of the general purposes rate leviable upon lands and heritages ‘in the county of Lanark or in the lower ward and middle ward thereof, or in the said lower ward alone, in such proportions and at such respective rates as such County Council may determine, and such County Council may levy such rate at a higher rate or higher rates within the said lower ward and middle ward, or either of them, . . than within the remainder of the county for the purpose of meeting any payment in connection with such sale or lease, or any payments due by them to the Commissioners in respect of the repayment of borrowed money, or otherwise under the provisions of this Act.’
By previous Acts of Parliament the county of Lanark, for the purpose of providing and maintaining Sheriff and Justice of the Peace Court-Houses, had been divided into four separate districts, one of which, the Lower Ward district, comprises the Lower Ward of the county, the City of Glasgow, and the Burgh of Rutherglen. The Sheriff Court-House at Glasgow is the Sheriff Court-House of this district alone, except in so far as it is used for hearing appeals from the other districts.
Held (rev. judgment of the Second Division, and restoring judgment of Lord Low, Ordinary) that in fixing the amount for which the Court-Houses Commissioners were entitled to charge and assess the County Council in terms of section 13, the Commissioners were not entitled to take into account the valuation of the lands and heritages within the whole county as being the ‘area under the jurisdiction’ of the County Council in the sense of section 13, but only of the lands and heritages within the Lower Ward.

Judges:

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

Citations:

[1902] UKHL 191, 40 SLR 191

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 05 July 2022; Ref: scu.630807

LH, Regina (on The Application of) v Shropshire Council: CA 4 Apr 2014

Appeal about the extent of consultation required when a local authority reconfigures its day care services for citizens in its area and then decides to close a day centre.

Judges:

Longmore, McFarlane, Lewison LJJ

Citations:

[2014] EWCA Civ 404, [2014] PTSR 1052

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 5-Jun-2019
Abortion Time Limit statement was correct.
The Court considered ‘ the correct interpretation of the words, ‘the pregnancy has not exceeded its twenty-fourth week’ in s.1(1)(a) of the Abortion Act 1967 ‘ The guidance was challenged as the calculations. The date of the beginning of the . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 July 2022; Ref: scu.523442

G, Re Application for Judicial Review: CA 11 Apr 2001

This appeal gives rise to important questions about the obligations of a local authority under the Children Act 1989 to provide accommodation and financial support for a child in need in its area when the mother herself is not entitled to housing for the homeless under the Housing Act 1996 nor to housing benefit nor to income support.

Citations:

[2001] EWCA Civ 540, [2001] Fam Law 662, (2001) 4 CCL Rep 128, [2001] 2 FCR 193, (2001) 33 HLR 59, [2002] BLGR 34, [2001] 2 FLR 877

Links:

Bailii

Jurisdiction:

England and Wales

Children, Local Government

Updated: 04 July 2022; Ref: scu.445629

Baker, Regina (on the Application of) v Devon County Council: CA 21 Dec 1992

The plaintiffs appealed against orders dismissing claims for judicial review. They had challenged the intended closure of residential homes for old people. The plaintiffs said that there had been inadequate consultation, and the Councils argued that review should not be granted where there existed an alternative statutory remedy.
Held: In assessing whether or not an alternative remedy is convenient, expeditious and effective and not clearly unsatisfactory the court will have regard to the nature of and context of the decision, the statutory regime, the reach of the remedy, the need for fact finding and the convenience of the process offered by the alternative remedy.

Judges:

Dillon, Farquharson, Simon Brown LJJ

Citations:

[1992] EWCA Civ 16, [1993] COD 253, [1992] 91 LGR 479, [1995] 1 All ER 73, (1994) 6 Admin LR 113

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Watch Tower Bible and Tract Society of Britain v Charity Commission Admn 12-Dec-2014
The respondent had instigated a statutory inquiry under the 2011 Act into the claimant’s child safeguarding practices, and policies after compaints made to it. The Society now sought judicial review of that decision, and to production orders made to . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Cited – British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 5-Jun-2019
Abortion Time Limit statement was correct.
The Court considered ‘ the correct interpretation of the words, ‘the pregnancy has not exceeded its twenty-fourth week’ in s.1(1)(a) of the Abortion Act 1967 ‘ The guidance was challenged as the calculations. The date of the beginning of the . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 July 2022; Ref: scu.276296

De Winton v The Mayor and co of Brecon: 27 Jan 1859

Where an Act of Parliament authorizes a corporation to mortgage its tolls, and co., this Court has jurisdiction to appoint a receiver of them, though no such express power is given by the Act. But the receiver over such property ought not to have committed to hint any powers of management which ought properly to be exercised by the Corporation itself.
Where one clause of an Act of Parliament directs specific acts to be done, but which acts would be included in the general terms of a subsequent prohibitory clause, the former clause is not controlled by the latter.

Citations:

[1859] EngR 263, (1858-1859) 26 Beav 533, (1859) 53 ER 1004

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 04 July 2022; Ref: scu.287615

AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006

The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease.
Held: The court could not have made the interim order sought without first concluding that there were reasonable grounds to believe that the child was at risk. There was however no point at which the authority owed the applicants a common law duty of care of the sort alleged. The damage suffered by the mother was transient and non-justiciable, and there was no evidence of harm to the son. The appeal failed.

Judges:

Mummery LJ, Laws LJ, Wall LJ

Citations:

[2006] 1 WLR 917, Times 24-Jan-2006, [2006] EWCA Civ 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Sullivan v Moody 11-Oct-2001
(High Court of Australia) A medical practitioner who examines and reports on the condition of an individual may owe a duty to more than one person: ‘The duty for which the [appellant fathers] contend cannot be reconciled satisfactorily, either with . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – Re M (A Minor) (Care Orders: Threshold Conditions) HL 7-Jun-1994
The father had been sentenced to life imprisonment for the murder of the child’s mother. Application was made for the child to be made subject to a care order. The father appealed refusal of an order.
Held: When an application was made on the . .
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 . .
Cited – Attorney General v British Broadcasting Council HL 1981
The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt.
Held: A body, which has a judicial function, was a court, whereas if it has an administrative . .
Mentioned – Schering Chemicals Ltd v Falkman Ltd CA 1982
The Defendants’ professional skills were engaged to present the plaintiff company in a good light, and an injunction was granted to restrain them from doing the opposite. Sach LJ said: ‘even in the commercial field, ethics and good faith are not to . .
Cited – RK and MK v Oldham NHS Trust 2003
Apprehension, fear and discomfort are not generally compensatable. . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .

Cited by:

Cited – A and Another v Somerset County Council QBD 11-Oct-2012
Appeal against refusal of order for pre-action disclosure. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Local Government

Updated: 04 July 2022; Ref: scu.237709

Raymond, Regina (on the Application Of) v London Borough of Ealing: CA 16 Nov 2005

Citations:

[2005] EWCA Civ 1480

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
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 . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 04 July 2022; Ref: scu.235533

Killoran v Wokingham District Council: CA 15 Dec 1997

The appellant appealed refusal of permission for change of use. He had a farm which also had permission for alteration to a dwelling. He wanted to open an equestrian centre. The planning committee originally granted the request, but one member later sought to reverse the decision, and achieved it. The applicant’s claim for misfeasance in public office by the defendant Council was struck out as disclosing no reasonable cause of action.
Held: The claimant had failed properly to plead his claim despite having several opportunities. He had not shown express or other malice

Judges:

Lord Justice Beldam Lord Justice Peter Gibson Lord Justice Schiemann

Citations:

[1997] EWCA Civ 2989

Jurisdiction:

England and Wales

Planning, Torts – Other, Local Government

Updated: 04 July 2022; Ref: scu.143388

Magistrates of Glasgow v Commissioners of Police of Hillhead: HL 14 May 1886

Section 37 of the Roads and Bridges Act 1878 provides that ‘where a bridge is not situated wholly within one county or burgh, the expense of maintaining, and if need be of rebuilding the same shall, failing agreement, be a charge equally against the trustees of the county or counties and local authority or authorities of the burgh or burghs within which it is partly situated.’
By section 88 it is provided that ‘Whereas there are or may be bridges in Scotland which accommodate the traffic not only of the county or counties or burgh or burghs, as the case may be, within which they are locally situated, but also of the adjoining county or of other counties and burgh or burghs, or one or more of them, and it is not reasonable that the whole burden of managing, maintaining, repairing, and if need be rebuilding such bridge, and of paying the debt affecting or which may affect the same, should be imposed on the county or burgh within which they are so situated,’ the counties and burgh authorities may agree that ‘any such bridge’ accommodating other traffic than that of the county or burgh within which it is situated, and may agree as to the proportions in which the cost of maintaining, and if need be rebuilding such bridge, shall be borne ‘by the county or counties, burgh or burghs, to which it is common,’ and that application may be made to the Secretary of State to determine that any bridge locally situated within a county or burgh shall, in respect of its accommodating other traffic than that of such county or burgh, ‘be deemed to belong in common to the county or counties and burgh or burghs to be named in his determination.’
Held (aff. judgment of First Division) that sec. 88 was not limited to the case of a bridge wholly situated within one county or burgh, but applied to the case of a bridge partly situated in one burgh and partly in another, and which accommodated traffic not only of the burghs in which it was situated, but also of the adjoining county and adjoining burghs.

Judges:

Lord Chancellor Herschell, Lords Watson, Ashbourne, and Fitzgerald

Citations:

[1886] UKHL 620, 23 SLR 620

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 04 July 2022; Ref: scu.637732

Walmsley, Regina (on the Application of) v Lane and Another: CA 17 Nov 2005

The defendant had successfully appealed her fine after giving the wrong car number to the congestion charge system.
Held: When the driver appealed to the adjudicator’s discretion, she could submit anything which might be relevant. Where the appeal was directed specifically at provisions of the regulations, the adjudicator could only look to see whether the appeal brought itself within the grounds set out. On that basis the adjudicator’s appeal succeeded.

Judges:

Chadwick, Sedley, Keene LJJ

Citations:

Times 28-Nov-2005, [2005] EWCA Civ 1540

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Walmsley, Regina (on the Application Of) v Lane and Another Admn 18-May-2005
The applicant had paid the congestion charge to allow her to drive into London, but had given the incorrect registration mark.
Held: The mistake was not a mistke which would establish a ground to challenge the penalty, but the adjudicator had . .
Cited – Regina (Westminster City Council) v Parking Adjudicator Admn 22-May-2002
The adjudicator sought, when deciding an appeal against a parking penalty, to take account of the applicant’s mitigating circumstances. He had reduced the penalty to zero.
Held: The reference to a discretion allowed where ‘the penalty charge . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Local Government

Updated: 04 July 2022; Ref: scu.235407

County Road Trustees of Lower Ward of Lanark v Fleming and Another (Kelvinside Trustees): HL 12 Nov 1886

Road – Road Trustees – Power to Light Roads – Roads and Bridges Act 1878 (41 and 42 Vict. c. 51, sec. 119, and Schedule C – Great Western Road Act (6 and 7 Will. IV. cap. cxxxviii), secs. 14 and 23
Held (rev. judgment of Second Division) that county road trustees under the Roads and Bridges Act 1878-which declares that such trustees shall be liable in all the debts, liabilities, claims, and demands in which the trustees under previous local Acts were liable, and shall be bound to expend their assessments in ‘maintaining and repairing’ highways under their jurisdiction-are not bound or entitled to expend their statutory funds raised by assessment in lighting roads within their jurisdiction, whether such roads were previously lighted by the former trustees or not, the duty of lighting not being any part of the ‘maintenance or repair’ of roads.

Judges:

Lord Chancellor Halsbury, Lord Blackburn, and Lord Watso

Citations:

[1886] UKHL 50, 24 SLR 50

Links:

Bailii

Jurisdiction:

Scotland

Transport, Local Government

Updated: 03 July 2022; Ref: scu.637738

Stephenson, Regina (on the Application Of) v Stockton on Tees Borough Council: CA 26 Jul 2005

The disabled applicant received assistance from her daughter who had given up work to care for her, and whom she paid andpound;45.00 a week. The council applied their policy whch disallowed a deduction from her income of that sum.
Held: The council had treated policy as a rule, which it was not. The council could lawfully apply that policy but had to give consideration to whether the particular situation required it to be departed from. The council had already allowed exceptions for cases where cultural issues arose. The payments made were genuine even though small. The policy was founded on an assumption that the services provided were essentially voluntary. They were not.

Judges:

Sedley LJ, Wall LJ, Richards J

Citations:

[2005] EWCA Civ 960, Times 26-Jul-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Stephenson, Regina (on the Application Of) v Stockton-On-Tees Borough Council Admn 12-Oct-2004
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Benefits

Updated: 01 July 2022; Ref: scu.229009

Guildford Borough Council v Hein: CA 27 Jul 2005

The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes.
Held: The defendant’s appeal was allowed in part. There had to be shown something more than repeated infringements to support an injunction. The authority had to show a deliberate and flagrant flouting of the law. (Clarke LJ dissenting in part)

Judges:

Waller, Clarke LJJ, Sir Martin Nourse

Citations:

[2005] EWCA Civ 979, Times 21-Sep-2005, [2005] BLGR 797

Links:

Bailii

Statutes:

Local Government Act 1972 222

Jurisdiction:

England and Wales

Citing:

Cited – Stoke-On-Trent City Council v B and Q (Retail) Ltd HL 1984
The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a . .
Cited – City of London Corporation v Bovis Construction Ltd CA 18-Apr-1988
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the . .
Cited – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any . .

Cited by:

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

Animals, Litigation Practice, Local Government

Updated: 01 July 2022; Ref: scu.229025

Saunders v Kingston: QBD 7 Jun 2005

The applicant a local councillor challenged a decision of the respondent, the ethical standards officer to disqualify him. He had made remarks about the deaths of british soldiers in Northern Ireland, which had been found to be disrespectful and deeply offensive.
Held: Though a councillor, the applicant must still have the freedom of speech of anybody else. The tribunal had failed to consider this freedom in its decision. It was wrong to seek to distinguish the applicant’s freedoms between when he acted as a member of the council and when he acted as a politician. A much reduced penalty was substituted.

Judges:

Wilkie J

Citations:

[2005] EWHC 1145 (Admin), Times 16-Jun-2005

Links:

Bailii

Statutes:

Local Government Act 2000 79(15)

Citing:

See Also – Neville Buckle Sanders v Kingston (No 2) QBD 14-Nov-2005
The applicant, a local councillor appealed against a finding of the local government tribunal leaidng to his suspension.
Held: The tribunal had an obligation to consider and start from the guidance issued under the Act, and have given an . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights

Updated: 01 July 2022; Ref: scu.228503

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 rules to find other ways forward. In this case, the court might of its own initiative, hold an inter partes hearing for the parties to explain what they had done to resolve the dispute without involving the courts. The parties should be asked why a complaints procedure or some other form of alternative dispute resolution had not been used or adapted to resolve or reduce the issues in dispute. Enough is now known about alternative dispute resolution to make the failure to adopt it, in particular when public money was involved, indefensible.

Judges:

The Lord Chief Justice Of England And Wales, Lord Justice Mummery, And, Lord Justice Buxton

Citations:

Times 08-Jan-2002, Gazette 27-Feb-2002, [2001] EWCA Civ 1935, (2002) 5 CCL Rep 42, [2002] ACD 11, [2002] CP Rep 18, [2002] 1 WLR 803, [2002] Fam Law 265

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .

Cited by:

Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Lists of cited by and citing cases may be incomplete.

Local Government, Civil Procedure Rules

Updated: 30 June 2022; Ref: scu.167058

M, Regina (on The Application of) v London Borough of Hammersmith and Fulham and Another: Admn 3 Mar 2010

‘ This case concerns which local authority is responsible for meeting the accommodation costs of an individual detained under section 3 of the Mental Health Act 1983 who is then discharged back into the community.’

Judges:

Mitting J

Citations:

[2010] EWHC 562 (Admin), (2010) 13 CCL Rep 217, [2010] BLGR 678, (2010) 116 BMLR 46, [2010] MHLR 110

Links:

Bailii

Jurisdiction:

England and Wales

Health, Local Government

Updated: 30 June 2022; Ref: scu.421221

Richard Tucker v The King: PC 1 Dec 1742

The charter of a corporation directs the Mayor to be annually chosen out of four of the Burgesses or Inhabitants ; but by a bye-law it is ordained, that these four Burgesses or Inhabitants should be all of them Aldermen.
This bye-law is void, as being repugnant to the charter ; and judgment of ouster shall be given against a Mayor elected in consequence of such bye-law

Citations:

[1742] EngR 140, (1742) 2 Bro PC 304, (1742) 1 ER 960

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 30 June 2022; Ref: scu.384313

Hammia, Regina (on the Application of) v London Borough of Wandsworth: Admn 17 May 2005

The applicant’s partner had left the matrimonial home, tenanted in joint names with the applicant of the authority, and went to the authority saying she had been beaten. Before the authority would agree to treat her as homeless they required her to terminate the joint tenancy thus leaving the applicant homeless.
Held: It was to be noted that the authority had made no approach to the applicant to ask his version of events. The letter from the authority made it clear that the statutory criteria had been met. It had a duty to rehouse te partner. The authority had no power to then make an additional requirement of the partner that she surrender the tenancy. That policy was unlawful. However, the claimant was not entitled to the declaration sought. This was a private law matter. Though there might be some injustice this flowed from the law of joint tenancies.

Judges:

Wilkie J

Citations:

[2005] EWHC 1127 (Admin)

Links:

Bailii

Statutes:

Housing Act 1996 193(3)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 30 June 2022; Ref: scu.226108

Secretary of State for Education and Skills v Mairs: Admn 25 May 2005

The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria Climbie. She had led the team of social workers. The Secretary of State appealed her removal from the list by the Care Standards Tribunal.
Held: It was permissible for the tribunal to depart from the decision of a statutory inquiry. That inquiry was not judicial in nature and could not bind a judicial body such as the tribunal. The results of the inquiry were admissible before the tribunal, and the views expressed might be highly persuasive. If the tribunal diverged from the findings of an inquiry it should do so only with care, and should explain its reasons, but in this latter respect it was sufficient to show that it had a justifiable basis for its conclusion. That existed here.

Judges:

leveson J

Citations:

[2005] EWHC 996 (Admin), Times 15-Jun-2005

Links:

Bailii

Statutes:

Protection of Children act 1989 81

Citing:

Appeal from – Mairs v Secretary of State for Education and Skills CST 15-Nov-2004
. .
Cited – National Care Standards Commission, Regina (on the Application Of) v Jones Admn 21-Apr-2004
The Tribunal must ensure that it ‘asks itself the correct questions and then provides intelligible answers to those questions’ . .
Cited – Waddle v Wallsend Shipping Co Ltd 1952
The court considered the relationship between the findings of an inquiry and later judicial proceedings: ‘I think that the competent authorities might consider whether the useful purposes that wreck inquiries serve would not be increased if the . .
Cited – Patras v Commonwealth 1966
(Supreme Court of Victoria) The court distinguished decisions which are judicial from those which are purely administrative: ‘The underlying principle of this form of estoppel is that parties who have had a dispute heard by a competent tribunal . .
Cited – Thrasyvoulou v Secretary of State for the Environment HL 1990
A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the . .
Cited – The European Gateway 1987
The court considered what use should be made by a court of a previous stautory inquiry. After referring to Waddle: ‘It is sufficient if I observe that I do not consider that this dictum (which goes to the admissibility of the report of a wreck . .
Lists of cited by and citing cases may be incomplete.

Local Government, Employment

Updated: 30 June 2022; Ref: scu.225332

Walmsley, Regina (on the Application Of) v Lane and Another: Admn 18 May 2005

The applicant had paid the congestion charge to allow her to drive into London, but had given the incorrect registration mark.
Held: The mistake was not a mistke which would establish a ground to challenge the penalty, but the adjudicator had been wrong to consider that he had no discretion to accept the circumstance as mitigation. He did have that discretion, and should have exercised it. The scheme was not clear, and its meaning could only be derived by anticipating what might have been wanted. The case did not give grounds for saying that the same result would always obtain, particularly in the case of repeated errors. If Transport for London had a policy for the exercise of the discretion, it was right that those who might be affected by it should know of it.

Judges:

Burnton J

Citations:

[2005] EWHC 896 (Admin), Times 25-May-2005, [2005] RTR 370

Links:

Bailii

Statutes:

Greater London (Central Zone) Congestion Charging Order 2001

Jurisdiction:

England and Wales

Cited by:

Cited – Walmsley, Regina (on the Application of) v Lane and Another CA 17-Nov-2005
The defendant had successfully appealed her fine after giving the wrong car number to the congestion charge system.
Held: When the driver appealed to the adjudicator’s discretion, she could submit anything which might be relevant. Where the . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Local Government

Updated: 30 June 2022; Ref: scu.224949

London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 20 Apr 2005

The authority had received too much by way of housing benefit subsidy in 1991 and 1992, having failed to refer rents to rent officers. It now challenged the decision of the respondent to recover the overpayment by deductions from future payments.
Held: The respondent could recover the overpayment in the way proposed. The later policy did not have to be applied to existing debts.

Judges:

Stanley Burnton J

Citations:

[2005] EWHC 637 (Admin), Times 13-May-2005

Links:

Bailii

Statutes:

Social Security Contributions and Benefits Act 1992, Social Security Administration Act 1992

Citing:

Cited – Regina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden HL 12-Mar-1998
A change in accounting practice moving interest due to the year accrued did not affect average rate of interest to calculate housing revenue: ‘The words ‘payable on’ plainly do not refer to ‘the average rate.’ One cannot pay an average rate: one can . .
Cited – Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 29 June 2022; Ref: scu.224388

Long v Southwark London Borough Council: CA 27 Mar 2001

The Council outsourced the collection of refuse from the block of council flats where the tenant applicant lived. He asserted that the Council were in breach of their covenants as landlords in failing to ensure that the refuse was collected properly. The tenancy agreement required the landlord to take ‘reasonable steps’ to ensure that the common parts were kept clean and tidy
Held: That duty could be satisfied by delegation, but only if there was in addition an adequate system for monitoring the contractors’ performance. It had been also a breach of the covenant for quiet enjoyment.

Judges:

Lord Justice Ward, Lord Justice Chadwick and Lady Justice Arden

Citations:

Times 16-Apr-2002, [2002] EWCA Civ 403

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Landlord and Tenant

Updated: 29 June 2022; Ref: scu.168746

Regina ex parte Spink and Another v The London Borough of Wandsworth: CA 18 Mar 2005

The applicants had two severely disabled children. They sought assistance from the local authority in carrying out the necessary adaptations to their home. The authority asked first as to their financial circumstances. They declined, saying that any such consideration was not relevant to the decision.
Held: The statutes were unclear, but the result was that the authority’s decision to provide th alterations was dependent upon finidng first that the family could not afford it themselves. That required the family to provide financial information. The judicial review was refused.

Judges:

Lord Justice May, Lord Justice Rix, Lord Philips Of Worth Matravers, Mr

Citations:

(2005) 84 BMLR 169, [2005] 1 WLR 2884, (2005) 8 CCL Rep 272, [2005] HLR 41, [2005] 1 FCR 608, [2005] 2 All ER 954, [2005] BLGR 561, Times 05-Apr-2005, [2005] EWCA Civ 302

Links:

Bailii

Statutes:

Children Act 1989, Chronically Sick and Disabled Persona Act 1970 2 28A

Jurisdiction:

England and Wales

Local Government, Housing

Updated: 29 June 2022; Ref: scu.223678

Nunn, Regina (on the Application of) v First Secretary of State and others: CA 8 Feb 2005

The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object.
Held: The applicant had been deprived of her right to make objection to the application by the authortiy’s failure. If the authority had communicated its decision, she would have had opportunity to object, but her sole ways forward now were either by way of complaint to the Local Government Ombudsman, or an action for damages against the local authority. It was the planning authority which appeared to be at fault.

Judges:

Lord Justice Waller Lord Justice Laws Lord Justice Wall

Citations:

[2005] EWCA Civ 101, Times 23-Feb-2005

Links:

Bailii

Statutes:

Town and Country Planning (General Permitted Development) Order 1995

Jurisdiction:

England and Wales

Citing:

Cited – Zander v Sweden ECHR 25-Nov-1993
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Cited – Friends Provident Life and Pensions Limited v The Secretary of State for Transport, Local Government and Regions and Others Admn 30-Oct-2001
The application of the House of Lords’ ruling in Alconbury that the exercise of the section 77 call in power was not after all incompatible with article 6, it was unsuccessfully argued instead that a refusal to call in a planning application under . .
Cited – British Telecommunications Plc and Bloomsbury Land Investments v Gloucester City Council Admn 26-Nov-2001
The land site to be developed was of archaeological interest and the relevance of a mitigation strategy was considered.
Held: It is for the planning authority to decide whether there are likely to be significant effects on the environment . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – Ortenberg v Autriche ECHR 25-Nov-1994
Hudoc No violation of Art. 6-1; Lack of jurisdiction (complaint inadmissible) . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government, Human Rights

Updated: 29 June 2022; Ref: scu.222963

Worcestershire County Council v Tongue and others: ChD 6 Aug 2003

The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any animals found.
Held: The court did not have the necessary jurisdiction. It had power to make orders to support actions remedying infringements of statutes where the local authority had the enforcement powers. It could therefore grant an injunction requiring somebody to stop doing something it had already been ordered not to do, but in this case more was sought, the power to trespass on the land and convert goods. The authority still required as a minimum some direct interest in the goods, the animals sought to be recovered. Here there was no express statutory right or interest to support the application, and it failed.

Judges:

Neuberger J

Citations:

Times 01-Oct-2003, Gazette 16-Oct-2003, [2004] Ch 236

Statutes:

Local Government Act 1972 222

Jurisdiction:

England and Wales

Citing:

Cited – Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd HL 1992
A public authority is not required as a rule to give a cross undertaking in damages in a law enforcement action. As to the legal status of the statutory instrument in question, the courts could ‘declare it to be invalid’ if satisfied that the . .
Cited – Stoke-On-Trent City Council v B and Q (Retail) Ltd HL 1984
The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a . .
Cited – Chief Constable of Kent v V 1982
In order to obtain an injunction with respect to property in the possession of a defendant, the right sought to be enforced need not be a proprietary right of the claimant, nor a right for the benefit of the claimant itself. (Slade LJ dissenting) . .
Appealed to – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .

Cited by:

Appeal from – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Cited – London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
Cited – Guildford Borough Council v Hein CA 27-Jul-2005
The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes.
Held: The defendant’s appeal was allowed in part. There had to be shown something more than . .
Lists of cited by and citing cases may be incomplete.

Local Government, Animals

Updated: 28 June 2022; Ref: scu.186522

Westminster City Council v Croyalgrange Ltd and Another: HL 15 May 1986

The defendants had been acquitted of running a sex establishment otherwise than in accordance with a licence from the appellant authority. The defendant had leased premises which were known to have been running such, but the defendant director had not been shown to have known that the tenant did not have a licence. The Council said that it having shown the use, no onus lay on the prosecutor to show knowledge of the absence of a licence.
Held: The council’s appeal failed. ‘the word ‘knowingly’ in paragraph 20(1 )(a) cannot sensibly have been introduced merely to apply to the use which the defendant is making, or causing or permitting another to make, of premises as a sex establishment. I can conceive of no circumstances in which a person could be said to be using premises, still less of causing or permitting them to be used, ‘to a significant degree for the exhibition’ of pornographic films or ‘for a business which consists to a significant degree’ of the sale of pornographic material if that person were ignorant of the nature of the offending use. If the argument for the council is right, the word ‘knowingly’ is tautologous . . If the argument for the council were accepted, it would lead to the conclusion that paragraph 20(l)(a) had in effect created an offence of strict liability. The offence would consist in the unlawful use of premises as a sex establishment and even an honest belief in facts which, if true, would make the use lawful would afford no defence. It is trite law that the legislature’s intention to create an offence of strict liability must be signified by clear language. To find such an intention in paragraph 20(1 )(a) with its iteration of the word ‘knowingly’ is obviously impossible. ‘

Judges:

Lord Bridge of Harwich, Lord Brightman, Lord Mackay of Clashfern, Lord Ackner, Lord Oliver of Aylmerton

Citations:

[1986] UKHL 9, (1986) 150 JP 449, [1986] 1 WLR 674, [1986] 2 All ER 353, 84 LGR 801, (1986) 83 Cr App R 155, [1986] Crim LR 693

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1982 48 Sch 3

Jurisdiction:

England and Wales

Crime, Local Government

Updated: 28 June 2022; Ref: scu.427054

Mensah v Islington Council and Another: CA 1 Dec 2000

Permission was sought for a McKenzie friend to address the court. Peter Gibson LJ said: ‘In accordance with the overriding objective of the CPR and to avoid the waste of today’s hearing, attended as this court had earlier directed, by counsel for the defendants, we took the exceptional course in this highly unsatisfactory situation of allowing Mr Alexander to speak for Mr Mensah.
But I must make it clear that this should not be taken as creating any precedent as to how those who have no right of audience can act as advocates for litigants in person. Anyone who aspires to be an advocate should obtain the requisite qualifications, and the court should be very slow to permit those who are allowed to be present in court as Mackenzie friends to act as advocates. That is not the proper function of a Mackenzie friend. The position in law was recently restated by this court in R v Bow County Court ex parte Pelling [1999] 1 WLR 1807. I repeat and endorse the warning given by Lord Woolf MR at page 1825 that if a person chooses to appear regularly as a Mackenzie friend and uses the litigant as a mere puppet, such behaviour could provide a firm foundation for a judge not wishing him to be present as a Mackenzie friend.’

Judges:

Peter Gibson LJ, Arden LJ

Citations:

[2000] EWCA Civ 405, [2002] CP Rep 2

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – McKenzie v McKenzie CA 10-Jul-1970
Mr McKenzie was a litigant in person who wished to be assisted by a young Australian barrister, gratuitously, in the conduct of his case by sitting beside the husband in Court and prompting him. The hearing was in open Court . The friend’s conduct . .

Cited by:

Cited – Guidance (McKenzie Friends) 2005
Sir Mark Potter gave guidance on the acceptance of McKenzie Friends as advocates: ‘A court may grant an unqualified person a right of audience in exceptional circumstances only and only after careful consideration (D v S (Rights of Audience) [1997] . .
Cited – In Re N (A Child) FD 20-Aug-2008
There had been several hearings and the father had been assisted by a McKenzie friend permitted to address the court. The father now objected to the mother’s McKenzie friend being given similar leave.
Held: Whilst Dr Pelling might make a . .
Lists of cited by and citing cases may be incomplete.

Local Government, Negligence, Legal Professions, Litigation Practice

Updated: 27 June 2022; Ref: scu.218706

Cummings v Cardiff County Council: Admn 27 Oct 2004

Licensing of taxis – removal of limit on hackney carriage licences destroying value of existing licences.

Citations:

[2004] EWHC 2295 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal From – Cummings, Regina (on the Application of) v Cardiff County Council CA 11-Jul-2005
Appeal against a decision refusing Mr Cummings judicial review of a decision of the Cardiff County Council to remove the restriction on the number of hackney carriage licences in Cardiff. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Licensing

Updated: 27 June 2022; Ref: scu.218857

Akumah v London Borough of Hackney: CA 27 Nov 2001

Application for leave to appeal. The council had introduced a parking scheme for its housing estates. The resident challenged its validity saying it had been introduced by council resolution not by byelaw. Leave granted

Citations:

[2001] EWCA Civ 1946

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Full Appeal – Akumah v London Borough of Hackney CA 17-Apr-2002
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution.
Held: ‘section 7(1) extends the powers of a housing . .

Cited by:

Application for leave – Akumah v London Borough of Hackney CA 17-Apr-2002
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution.
Held: ‘section 7(1) extends the powers of a housing . .
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 . .
Leavt to appeal to CA – 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.

Local Government

Updated: 27 June 2022; Ref: scu.218487

Corbett v Restormel Borough Council and Another: CA 2 Mar 2001

Schiemann LJ said: ‘However, as is well known, there clashes with this principle of legal certainty another principle which is also of great value – the principle of legality which requires that administrators act in accordance with the law and within their powers. When they do things they are not empowered to do this principle points towards the striking down of their illegal actions.’

Judges:

Schiemann LJ

Citations:

[2001] EWCA Civ 330

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Adamson and Others v Paddico (267) Ltd SC 5-Feb-2014
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request.
Held: The appeal were solely as to . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 27 June 2022; Ref: scu.218048

Dinev and Others, Regina (on the Application Of) v City of Westminster Council: CA 25 Jan 2001

Renewed application for permission to appeal against an order dismissing the applicants’ judicial review challenge to the decision to introduce a temporary licensing scheme for portrait artists in Leicester Square

Judges:

Simon Brown VP CA LJ

Citations:

[2001] EWCA Civ 80

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Licensing

Updated: 27 June 2022; Ref: scu.217928