Category: Local Government

Abernethy, Regina (on the Application Of) v Local Government Ombudsman: CA 7 Oct 2002

Citations:

[2002] EWCA Civ 1469, [2002] EWCA Civ 1520

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Abernethy Admn 14-Jan-1999
. .
See Also – Regina v Local Government Ombudsman ex parte Ian Abernethy Admn 29-Jul-1999
. .
Cited – Abernethy, Regina (on the Application Of) v Local Government Ombudsman CA 21-Mar-2002
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 27 June 2022; Ref: scu.217625

Centerprise Trust Ltd, Regina (on the Application Of) v London Borough of Hackney: CA 2 Jul 2002

Application for permission to appeal against the refusal of permission to apply for judicial review of a decision by Hackney Borough Council to refuse to grant funding for a cultural diversity festival, known as Mare de Gras, which Centerprise wished to arrange.

Citations:

[2002] EWCA Civ 967

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 23 June 2022; Ref: scu.217379

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 authority beyond those in section 23(1), or at least avoids any unclarity in the important area of making byelaws. In particular, section 7(1) of the 1975 Act extends to the regulation of parking on any land held for the purposes of Part II of the Housing Act 1985.’ The council’s appeal succeeded. The scheme was lawful.

Judges:

Buxton LJ, Moses J

Citations:

[2002] EWCA Civ 582

Links:

Bailii

Statutes:

Housing Act 1985 23(1), Greater London Council (General Powers) Act 1975 7(1)

Jurisdiction:

England and Wales

Citing:

Application for leave – 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 . .
Appealed to – 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 . .

Cited by:

Full Appeal – 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 . .
Appeal from – 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, Housing

Updated: 23 June 2022; Ref: scu.217011

Carney, Regina (on the Application of) v North Lincolnshire Council: CA 8 Feb 2002

The claimant had brought a case that a strip of land was a highway maintainable at public expense, but had failed. After some time he requested the judge to state a case. The recorder refused saying that no error of law was identified and that the claimant had delayed unduly. He now sought judicial review of the refusal.
Held: The application was out of time, and no error had been demonstrated. The request for leave was refused.

Citations:

[2002] EWCA Civ 186

Links:

Bailii

Statutes:

Highways Act 1980 56(2)

Jurisdiction:

England and Wales

Local Government, Land

Updated: 23 June 2022; Ref: scu.216772

Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under section 2 of the 1970 Act whether it is necessary for it to make arrangements to meet the claimant children’s needs. The three stages identified in ex p. Barry applied: (i) identification of needs, (ii) a decision on whether it is necessary for the authority to meet those needs, and (iii) if so, the resulting duty to make such arrangements.

Judges:

Richards J

Citations:

[2004] EWHC 2314 (Admin), Times 02-Nov-2004

Links:

Bailii

Statutes:

Chronically Sick and Disabled Persons Act 1970 2, Housing, Grants, Construction and Regeneration Act 1996 819, Local Government and Housing Act 1989

Jurisdiction:

England and Wales

Citing:

Application for leave – Spink and Another, Regina (on the Application Of) v London Borough of Wandsworth Admn 15-Jul-2004
Application for leave to present petition for judicial review – granted . .
Cited – Regina v Powys County Council ex parte Hambridge CA 2-Jul-1998
Statutory extensions of the council’s duty to provide new kinds of care, did not take away the authority’s power to charge for services given under the original section. The council may charge for community care services in the home provided to . .
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 – Fay, Regina (on the Application of) v Essex County Council Admn 26-Apr-2004
. .
Cited – AB X and Y, Regina (on the Application of) v East Sussex County Council and Another Admn 18-Feb-2003
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of . .
Cited – AB X and Y, Regina (on the Application of) v East Sussex County Council and Another Admn 18-Feb-2003
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of . .
Cited – Regina (Howard League for Penal Reform) v Secretary of State for the Home Department QBD 29-Nov-2002
The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act.
Held: Neither the Prison Act and Rules excluded the Prison . .

Cited by:

Full Application – Spink and Another, Regina (on the Application Of) v London Borough of Wandsworth Admn 15-Jul-2004
Application for leave to present petition for judicial review – granted . .
Lists of cited by and citing cases may be incomplete.

Health, Local Government

Updated: 23 June 2022; Ref: scu.216578

Birmingham City Council v Unite The Union and Another: QBD 1 Mar 2019

Application by Birmingham City Council for an injunction to restrain two trade unions (‘Unite’ and ‘UNISON’) who represent members employed by BCC from calling industrial action and strike action amongst their members at various depots in the Birmingham area.

Judges:

Mr Justice Freedman

Citations:

[2019] EWHC 478 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Employment

Updated: 23 June 2022; Ref: scu.635963

South Hams District Council v Shough and Others: CA 2 Dec 1992

There was a possible duty on a council not to evict trespassers claiming to be gypsies. If the authority had a duty to house the applicants, but failed to provide accommodation in accordance with that duty, it could be wrong to make an order supporting an attempt to evict them. The duty to house was a higher duty than the duty to recover possession of land.

Judges:

Nourse LJ, Staughton LJ

Citations:

Gazette 20-Jan-1993, Times 08-Dec-1992

Statutes:

Caravan Sites Act 1968 6(1) 7(1), Caravan Sites and Control of Development Act 1960 24

Jurisdiction:

England and Wales

Citing:

Cited – Avon District Council v Buscott 1988
The grounds on which any application for judicial review are to be based may not be raised as a defence in the civil proceedings unless a private law right has been infringed. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 23 June 2022; Ref: scu.89411

Rochester Upon Medway City Council v Kent County Council: QBD 5 Mar 1998

A council had no power to contribute to another highway authority’s costs of maintaining existing highway schemes; ‘expenditure’ was highway authority’s, and the transfer was ultra vires.

Citations:

Times 05-Mar-1998, Gazette 16-Apr-1998

Statutes:

Highways Act 1980 274

Jurisdiction:

England and Wales

Local Government

Updated: 18 June 2022; Ref: scu.88827

In re Wheeler: CA 14 Mar 1985

The local authority disapproved of the Rugby Union maintaining links in South Africa. They banned the local team from access to a local recreation ground for club matches, save for training, when three local players were chosen to go on a tour of South Africa. The authority complained that the club had not condemned the tour and forbidden its club members from playing.
Held: (Wilkinson LJ dissenting) The club’s appeal failed.

Citations:

Unreported, 14 March 1985
[1985] 2 All ER 151

Jurisdiction:

England and Wales

Cited by:

Appeal from – Wheeler v Leicester City Council; In re Wheeler and others HL 25-Jul-1985
The Council opposed sporting links with South Africa. The local rugby club failed to denounce apartheid and did not seek to dissuade three of its players touring with the national side. The Court of Appeal had refused judicial review of the . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 18 June 2022; Ref: scu.374715

Regina v Tower Hamlets London Borough Council, ex parte Chetnik Developments Limited: HL 1988

The House was asked whether a rating authority could refuse to repay rates which had been paid by mistake.
Held: ‘Parliament must have intended the rating authorities to act in the same high principled way expected by the court of its own officers and not to retain rates paid under a mistake of law . . unless there were, as Parliament must have contemplated there might be in some cases, special circumstances in which a particular overpayment was made such as to justify retention of the whole or part of the amount overpaid.’ When considering an exercise of a statutory discretion where there is no checklist given by the statute as to how it is to be exercised, how wide is the discretion? Lord Bridge said: ‘Before deciding whether a discretion has been exercised for good or bad reasons, the court must first construe the enactment by which the discretion is conferred. Some statutory discretions may be so wide that they can, for practical purposes, only be challenged if shown to have been exercised irrationally or in bad faith. But if the purpose which the discretion is intended to serve is clear, the discretion can only be validly exercised for reasons relevant to the achievement of that purpose.’ The powers of local authorities conferred upon them for public purposes are conferred upon them ‘as it were upon trust and not absolutely’ and that they can only be lawfully used in the right and proper way which Parliament when conferring them may be presumed to have intended.

Judges:

Lord Bridge

Citations:

[1988] 1 AC 858

Jurisdiction:

England and Wales

Cited by:

Cited – C v London Borough of Lewisham CA 4-Jul-2003
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become . .
Cited – University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others ChD 9-Dec-2004
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Electoral Commission, Regina (On the Application of) v City of Westminster Magistrates Court and Another CA 19-Oct-2009
The UKIP party had accepted substantial donations. The donor had, through, he said, inadvertent error, had failed to ensure that he appeared on the electoral roll. The party had not taken all reasonable steps to verify his registration as required. . .
Cited – The Electoral Commission, Regina (on The Application of) v City of Westminster Magistrates Court and Another SC 29-Jul-2010
UKIP, a political party had accepted donations from an individual who had ceased to be a registered voter. An application had been made for forfeiture of the sums given. The court was now asked whether the Act created a presumption in favour of . .
Lists of cited by and citing cases may be incomplete.

Administrative, Local Government

Updated: 16 June 2022; Ref: scu.184317

Regina v Local Commissioner for Administration for the North and East Area of England ex parte Bradford Metropolitan City Council: CA 1979

The court considered the meaning of ‘maladministration’ in the section.
Held: Lord Denning MR said: ‘It will cover ‘bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude, arbitrariness and so on.’ It ‘would be a long and interesting list’ clearly open-ended, covering the manner in which a decision is reached or discretion is exercised; but excluding the merits of the decision itself or of the discretion itself. It follows that ‘discretionary decision, properly exercised which the complainant dislikes but cannot fault the manner in which it was taken, is excluded,’ . . In other words if there is no ‘maladministration’, the ombudsman may not question any decision taken by the authorities. He must not go into the merits of it or intimate any view as to whether it was right or wrong.’
Parliament was ‘at pains’ to ensure that the Ombudsman should not conduct an investigation ‘which might trespass in any way on the jurisdiction of the courts of law or of any tribunals.’

Judges:

Lord Denning MR

Citations:

[1979] 2 All ER 881, [1979] QB 287

Statutes:

Local Government Act 1974 26

Jurisdiction:

England and Wales

Cited by:

Cited – Legal and General Assurance Society Ltd v CCA Stationery Ltd ChD 12-Dec-2003
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme.
Held: Since . .
Cited – Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury Admn 15-Oct-2009
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation.
Held: The respondent’s rejection of the . .
Lists of cited by and citing cases may be incomplete.

Administrative, Local Government

Updated: 16 June 2022; Ref: scu.188825

In re D (A Child): CA 14 May 2012

Determination as between local authorities as to which to be designated local authority on care order

Judges:

Ward, Stanley Burnton, Elias LJJ

Citations:

[2012] EWCA Civ 627, [2012] 3 WLR 1468, [2012] BLGR 981, [2013] Fam 34, [2012] 2 FCR 153, [2012] Fam Law 1082, [2012] WLR(D) 146, [2012] 4 All ER 78

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Children, Local Government

Updated: 13 June 2022; Ref: scu.457676

Kadri, Regina (on The Application of) v Birmingham City Council and Another: CA 7 Nov 2012

Judges:

Lord Dyson MR,Sullivan, McFarlane LJJ

Citations:

[2013] 1 WLR 1755, [2012] EWCA Civ 1432, [2013] 1 All ER 945, [2012] WLR(D) 316, [2013] HLR 4, (2012) 15 CCL Rep 741, [2013] 1 FCR 153

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Local Government, Children, Immigration

Updated: 11 June 2022; Ref: scu.465607

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 notice. A number of informations were laid against Bovis but they were adjourned and the injunction was sought in the meantime. Bovis appealed contending that an injunction should not be granted unless it was first established that the defendant had committed an offence and that the defendant was deliberately and flagrantly flouting the law, neither of which could be established.
Held: The appeal failed. The court considered the circumstances in which a local authority might seek an injunction to support its attempt to enforce legislation. The guiding principles are: ‘(1) that the jurisdiction is to be invoked and exercised exceptionally and with great caution . .
(2) that there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area . .
(3) that the essential foundation for the exercise of the court’s discretion to grant an injunction is not that the offender is deliberately and flagrantly flouting the law but the need to draw the inference that the defendant’s unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be effective to restrain them. . . ‘

Judges:

Bingham LJ

Citations:

[1992] 3 All ER 697

Statutes:

Control of Pollution Act 1974 60

Jurisdiction:

England and Wales

Citing:

Cited – Attorney General v Chaudry CA 1971
The court has jurisdiction to grant a civil law remedy by way of injunction in order to enforce the public law, except in cases where statute had expressly or by necessary implication removed the jurisdiction. Whenever Parliament has enacted a law . .
Cited – Kent County Council v Batchelor 1979
. .
Cited – Runnymede Borough Council v Ball CA 1986
An injunction was granted to restrain a nuisance because of a threat of irreversible damage. . .

Cited by:

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 . .
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 . .
Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 11 June 2022; Ref: scu.231653

Re I and E (Residential Assessment Order): CA 1997

Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for the assessment of C. Though that failed, the Judge refused an order to stop the Authority removing C to make an assessment for the final hearing. The mother appealed.
Held: The appeal failed. The court would not interfere in the local authority’s revised interim care plan to remove C for further assessment. Assessment in the home was not a realistic or viable option.

Citations:

Unreported 1997

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children, Local Government

Updated: 11 June 2022; Ref: scu.228013

Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust: CA 20 Jul 2004

The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked.
Held: The properties were short life properties, being scheduled for eventual demolition. The original arrangement was informal being only later reduced to writing in a formal licence. There was no basis for saying that a non-secure licence became a secure tenancy on the revocation of the head lease. The trust acted as principal and not as the authority’s agent. As to the tenants’ claims under article 8 of the Convention: ‘The fact is that Lambeth has an unqualified right to possession. And on the basis of the majority opinions in Qazi by which we are bound that is a sufficient answer to the claims under Article 8’ As to eth Connors decision: (Auld LJ) ‘Whilst there is, in those general statements of principle, some support for the argument of Mr Luba, they cannot, it seems to us, affect this court’s assessment of the decision in Qazi. The general statement of principle in paragraph 83 of the Court’s judgment is based upon the Court’s decisions in Buckley, and Chapman, to which it refers, both of which were cited to and considered by the House of Lords in Qazi. Connors is therefore only of assistance to the courts of this country in relation to cases involving gypsies.’

Judges:

Lord Justice Auld Lord Justice Latham Lady Justice Arden

Citations:

[2004] EWCA Civ 926, Times 26-Jul-2004, [2005] QB 352, [2004] 3 WLR 1396

Links:

Bailii

Statutes:

Housing Act 1985 Part IV

Jurisdiction:

England and Wales

Citing:

Cited – Bruton v London and Quadrant Housing Trust HL 24-Jun-1999
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act.
Held: The housing association had a temporary licence to . .
Cited – Family Association v Jones CA 1990
The association as licensee of a local authority granted what was described as a licence to the defendant to occupy premises on a temporary basis. They sought possession.
Held: A tenancy had been granted. As to the argument that there were . .
Cited – Westminster City Council v Clarke HL 29-Apr-1992
An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society and Others CA 1-Nov-1996
Public policy rendered an assignment of a remedy void, where the assignment was an attempt to split it from another remedy. For the purpose of construing a contract the law excludes from the admissible factual background the previous negotiations of . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
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 by:

Cited – Price and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
Appeal from – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Islington v Uckac and Another CA 30-Mar-2006
The council’s tenant had unlawfully secured assignment of a secure tenancy to the defendant. The council sought possession.
Held: A secure tenancy granted by an authority pursuant to a misrepresentation by the tenant is nonetheless valid. The . .
Cited – Doherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Human Rights

Updated: 11 June 2022; Ref: scu.199315

Richards and Another, Regina (on the Application of) v Pembrokeshire County Council: CA 8 Jun 2004

Unlawfulness of parking regulations

Citations:

[2004] EWCA Civ 813

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Leave – Regina (on the Application of P Richards and G Richards) v Pembrokeshire County Council CA 29-Jul-2004
Challenge to parking regulations.
Held: The appeal succeeded. In assessing the decision it was open to the court to consider and elucidate the reasoning behind the option of the parking scheme. Assuming that the 1975 Order was valid, the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Road Traffic

Updated: 11 June 2022; Ref: scu.198511

Nash v Rochford Rural District Council: CA 1917

A claim was made against the local highway authority for personal injury resulting from the defective construction of a highway drain. The plaintiff failed to prove that the defendant highway authority had been responsible for the construction of the drain in question, but did satisfy the court of first instance that the drain had been constructed by the defendant’s predecessors in title and that their liability passed to the defendant by virtue of section 25 of the 1894 Act which transferred all rights and liabilities of the previous highway authorities.
Held: ‘liability’ within the meaning of section 25 of the 1894 Act was limited to liabilities that have already accrued at the time of transfer, as opposed to ‘potential or contingent’ liabilities. However the latter alternative would be inconsistent with the doctrine that highway authorities are not responsible for nonfeasance and that it was strongly influenced by this consideration. Warrington LJ: ‘Would the provisions of the Act of 1894 render the district council liable for the consequences of the negligent act of the surveyor? To so hold would, I think, be inconsistent with the doctrine now well established that a highway authority is responsible for misfeasance only, and though of course it is competent to Parliament to abolish that doctrine altogether, or to make it inapplicable where the act of misfeasance is that of a preceding authority, I do not think one ought to hold that such a result has happened unless the words are clear. In the present case I cannot find either in s.25 or in the definition in s.100 any sufficient intention to pass on the responsibility for a wrongful act not their own and by itself affording no cause of action. The preceding authority was not in fact under any liability inasmuch as the damage essential to the existence of liability had not arisen.’

Judges:

Warrington LJ, Scrutton LJ

Citations:

[1917] 1 KB 384

Statutes:

Local Government Act 1894 25

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine CANI 1992
An inquest was held into three deaths thought to be at the hands of British soldiers. The coroner had admitted written evidence from statements taken by British officers on the basis that the makers of the statements were not compellable as . .
Cited – National Grid Gas Plc, Regina (on the Application of) v The Environment Agency Admn 17-May-2006
The claimant sought a judicial review of the decision to hold them responsible for necessary works of remediation. They were statutory successors to British Gas Corporation.
Held: The legislation clearly attempted to hold the contaminator . .
Lists of cited by and citing cases may be incomplete.

Local Government, Negligence

Updated: 11 June 2022; Ref: scu.242437

Hutton v Esher Urban District Council: CA 1973

(reversed) The local authority sought to acquire the plaintiff’s bungalow by compulsory powers which allowed it to purchase land required to construct a new sewer.
Held: By the 1978 Act, the word land was to be read to include buildings upon the land, and this was a correct purchase.

Citations:

[1973] 2 All ER 1123

Statutes:

Interpretation Act 1978

Jurisdiction:

England and Wales

Citing:

Appeal from – Hutton v Esher Urban District Council ChD 1972
The council sought to build a sewer. It had power to acquire land for this purpose, and sought to acquire the plaintiff’s bungalow. He argued that the word land did not include a building on land. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 11 June 2022; Ref: scu.200609

West End Street Traders’ Association and Another, Regina (on the Application of) v City of Westminster: Admn 21 May 2004

The respondent regulated street trading within its area by licenses issued under the Act. The claimants challenged substantial increases in the licence fees saying there had been insufficient consultation. The system was running at a net cost.
Held: The authority was obliged to seek to cover its costs. It was within the discretion of the authority to make a general charge rather than to charge for services according to use.

Judges:

Leveson J

Citations:

[2004] EWHC 1167 (Admin)

Links:

Bailii

Statutes:

City of Westminster Act 1999 22(11)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
Cited – Regina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association QBD 19-Jul-1993
The court discussed the way in which local authorities should conduct their activities under the section: ‘[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 10 June 2022; Ref: scu.197070

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 Committee’s meeting in which the forthcoming applications had been considered and voted on. This was said to give rise to an appearance of bias.
Held: The challenge succeeded. The court applied the Porter v Magill test of apparent bias widely: ‘ I therefore take the view that in considering the question of apparent bias in accordance with the test in Porter v Magill, it is necessary to look beyond pecuniary or personal interests and to consider in addition whether, from the point of view of the fair-minded and informed observer, there was a real possibility that the planning committee or some of its members were biased in the sense of approaching the decision with a closed mind and without impartial consideration of all relevant planning issues. That is a question to be approached with appropriate caution, since it is important not to apply the test in a way that will render local authority decision-making impossible or unduly difficult. I do not consider, however, that the circumstances of local authority decision-making are such as to exclude the broader application of the test altogether.’ and ‘ I take the view, though not without a degree of hesitation, that a fair-minded and informed observer would conclude that there was a real possibility of bias, in the sense of the decisions being approached with closed minds and without impartial consideration of all the planning issues, as a result of the support expressed by the CAG being carried over into support for the application in the context of the planning committee’s decisions.
The fact that one of those with dual membership had received no training in planning matters reinforces that concern. So does the fact that all three of those with dual membership who had attended the CAG meeting on 27 May voted in favour of the applications.’

Judges:

Mr Justice Richards

Citations:

[2004] EWHC 779 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Scrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
Cited – Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
Cited – Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government, Natural Justice

Updated: 10 June 2022; Ref: scu.195492

Burrows v Secretary of State for Environment Food and Rural Affairs: Admn 23 Jan 2004

A modification of the definitive map was sought, to widen a footpath and declare it a bridleway. The landowner had erected a notice in 1975 denying any public right of way, but the inspector had thought it of no effect.
Held: The declaration in the notice of a ‘Private Road’ was consistent with whatever rights there were being interpreted by the public as a roadway. The claim failed.

Judges:

Andrew Nichol QC J

Citations:

[2004] EWHC 132 (Admin), Gazette 05-Feb-2004

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53

Land, Local Government

Updated: 10 June 2022; Ref: scu.193935

Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: HL 27 Jul 1983

Mr Betts applied to Eastleigh for accommodation under the 1977 Act. They said that he had no local connection and referred his application to Blaby where the applicant and his family had formerly been living. Blaby accepted the referral and offered accommodation, but he refused it and made a further application to Eastleigh. In relation to that application Eastleigh took the view that, in referring the earlier application under section 5 of the 1977 Act, they had discharged their duty to the applicant. The applicant sought judicial review of that decision on the grounds that Eastleigh (in that context, the notifying authority) had been wrong to decide that the applicant had no local connection with their own district. The basis for that decision was that the applicant’s connection with Eastleigh did not fall within the working definition of ‘normal residence’ set out in the Agreement on Procedures for Referrals of the Homeless.
Held: The authority’s appeal succeeded. The question was whether the respondents had a ‘local connection’ with the appellants’ area within section 18(1)(a) for the purposes of section 5(1).
Held: ‘local connection’ was not a defined expression, the effect of which was to allow a reader to construe it by substituting ‘is or was normally resident in,’ or ‘is employed in,’ or ‘has family associations with’ for the words ‘has a local connection with’. The section was intended to specify those factors alone upon which a local connection could be founded. The fundamental question was the existence of a local connection: ‘In construing section 5 it is only to be expected that the emphasis falls on ‘local connection’, and not on past or present residence or current employment, etc. The Act is one which enables a homeless person in certain circumstances to jump over the heads of all other persons on a housing authority’s waiting list, to jump the queue. One would not expect any just legislation to permit this to be done unless the applicant has in a real sense a local connection with the area in question. I accept that ‘residence’ may be changed in a day, and that in appropriate circumstances a singe day’s residence may be enough to enable a person to say that he was normally resident in the area in which he arrived only yesterday. But ‘local connection’ means far more than that. It must be built up and established; by a period of residence; or by a period of employment; or by family associations which have endured in the area; or by other special circumstances which spell out a local connection in real terms.’
Lord Brightman spoke of the national ‘Agreement on Procedures for Referrals of the Homeless’: ‘it is obvious that time consuming and expensive disputes might arise between housing authorities as to the existence of a ‘local connection’. Such disputes are not in the interest either of housing authorities or of homeless persons. The purposes of the Act demand speedy solutions to questions of doubt. To avoid such disputes, and to settle them quickly and cheaply if they arise, certain steps have been taken on behalf of housing authorities. First, in order to facilitate agreements between notifying authorities and notified authorities as required by section 5(7) a national ‘Agreement on Procedures for Referrals of the Homeless’ was negotiated between the Association of District Councils, the Association of Metropolitan Authorities and the London Boroughs Association at the time when the Bill was being considered by Parliament. This agreement has been adhered to by the majority of housing authorities. Secondly, by the Housing (Homeless Persons) (Appropriate Arrangements) Order 1978 (SI 1978 No 69), the Secretary of State for the Environment, in exercise of his powers under section 5(8) has established the ‘Appropriate Arrangements’ set out in the schedule to the order for the purpose of settling unresolved disputes between housing authorities. These arrangements are in a form which was agreed by the three associations who negotiated the Agreement on Procedures. They provide for any disputed question under section 5 to be determined speedily either by a person agreed upon by the authorities concerned or by a person chosen from a panel. These arrangements came into operation on January 21, 1978, that is to say a few weeks after the Act of 1977 came into force. There is evidence that he Agreement on Procedures has worked well, and that as a result there have only been about 50 references under the order since the Act came into force.
The Agreement on Procedures does not purport to impose a legally binding code on housing authorities who adhere to it. It is merely a policy document.’

Judges:

Lord Fraser of Tullybelton, Lord Wilberforce, Lord Edmund-Davies, Lord Roskill, Lord Brightman

Citations:

[1983] 2 AC 613, [1983] UKHL 9, [1983] 3 WLR 397, [1984] Fam Law 25, [1983] 2 All ER 111

Links:

Bailii

Statutes:

Housing (Homeless Persons) Act 1977 5(1) 18(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Appeal from – Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts CA 1983
Mr Betts appealed a refusal of accomodation by Eastliegh who had said he had no local connection, but had lived in Blaby.
Held: Lord Justice Stephenson the chief housing officer ‘did fetter the council’s decision by a rigid application of the . .

Cited by:

Cited – Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals) HL 5-Feb-2004
The applicants had been asylum seekers, and obliged to live in Glasgow. Upon losing their asylum claim, but being given exceptional leave to remain, they sought to be rehoused by the appellants. The appellants had said that the applicants having . .
Cited – Ealing London Borough Council v Surdonja etc CA 21-Jan-2000
When a local authority came to make the decision about the extent of the local connection of the homelessness applicant with the area, the assessment was to be made as regards the situation at the date of that decision. Where there was a review, the . .
Cited – Ozbek v Ispwich Borough Council CA 4-May-2006
The claimant applied to be housed as a homeless person. The authority sought to refer him to a different authority under s198. As an asylum seeker, he had been given assistance both in Portsmouth and Southampton before coming to Ipswich. He said . .
Cited – Mohamed v Hammersmith and Fulham London Borough Council HL 1-Nov-2001
Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 09 June 2022; Ref: scu.193592

Foster v Eastbourne Borough Council and Another: CA 3 Feb 2004

Citations:

[2004] EWCA Civ 36

Links:

Bailii

Statutes:

Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000

Jurisdiction:

England and Wales

Citing:

See Also – Eastbourne Borough Council v James Foster CA 11-Jul-2001
An employee’s job ceased, but he continued to be employed by the same employer on different tasks, but the new arrangement was void as ultra vires. The question arose as to whether his employment had been terminated at the time of the change in such . .
Appeal from – Eastbourne Borough Council v Foster EAT 8-Jul-2003
EAT Redundancy – Protective award . .
Lists of cited by and citing cases may be incomplete.

Employment, Local Government

Updated: 09 June 2022; Ref: scu.192681

Palestine Solidarity Campaign Ltd and Another, Regina (on The Application of) v Secretary of State for Communities and Local Government: CA 6 Jun 2018

The Campaign had challenged guidance on the investment strategy for the local government pension scheme saying that it had exceeded the appellant’s statutory powers because the purpose of the guidance was not limited to financial issues, but was concerned with foreign and defence policy matters.
Held: The SS’s appeal succeeded. Subject to Wednesbury unreasonableness, the content was within his discretion having regard to wider public policy issues.

Judges:

Davis, Hickinbottom LJJ, Sir Stephen Richards

Citations:

[2018] EWCA Civ 1284, [2019] 1 WLR 376, [2018] Pens LR 15, [2018] WLR(D) 337

Links:

Bailii, WLRD

Statutes:

Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016

Jurisdiction:

England and Wales

Local Government

Updated: 09 June 2022; Ref: scu.617323

Brook v Meltham Urban District Council: HL 20 May 1909

The Rivers Pollution Prevention Act 1876, sec. 7, provides that every sanitary authority having sewers under their control shall give facilities for carrying into such sewers liquids from factories within their district, ‘provided also that no sanitary authority shall be required to give such facilities as aforesaid where the sewers of such authority are only sufficient for the requirements of their district.’
Manufacturers claimed to have waste liquids from their factories received into the sewers of a local authority. The actual drain pipes were admittedly large enough, but the sewerage system included purification works which were only sufficient for the other requirements of the district.
Held that ‘sewers’ included the purification works which were part of the system through which the sewage flowed.

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, Gorell, and Shaw of Dunfermline

Citations:

[1909] UKHL 557, 47 SLR 557

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Utilities, Environment

Updated: 09 June 2022; Ref: scu.620579

DL v A Local Authority and Others: CA 28 Mar 2012

The LA sought to protect an elderly couple, one without capacity from their adult son who was said to be bullying them. The court was faced with questions as to its continued inherent jurisdiction to act in a situation not covered by the 2005 Act.
Held: The court’s inherent jurisdictions survived the Act.

Judges:

Maurice Kay, McFarlane, Davis LJJ

Citations:

[2012] EWCA Civ 253, [2012] WLR(D) 101, [2012] 3 All ER 1064, [2012] LGR 757, [2012] Fam Law 1454, (2012) 15 CCL Rep 267, [2012] 3 WLR 1439, [2012] WTLR 1713, (2012) 127 BMLR 24, [2013] 2 FLR 511, [2012] 3 FCR 200, [2013] Fam 1, [2012] BLGR 757, [2012] CPLR 504

Links:

Bailii, WLRD

Statutes:

Mental Capacity Act 2005

Jurisdiction:

England and Wales

Health, Local Government

Updated: 09 June 2022; Ref: scu.452364

Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others: CA 30 Oct 2003

The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A panel had recommended that more be done to support local authorities, including the recommendation of sites. The authority set out a plan that the need should be satisfied within local plans.
Held: The departure from the recommendation must have been a deliberate one. Before taking that departure, it was obliged to have prepared a list of departures from the recommendations, for comment. It had not done so. The procedural obligations had not been met.

Judges:

Peter Gibson, Waller, Carnwath, LJJ

Citations:

Times 04-Nov-2003, [2003] EWCA Civ 1614

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others Admn 26-Mar-2003
. .

Cited by:

Appealed to – Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others Admn 26-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government, Housing

Updated: 08 June 2022; Ref: scu.187673

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 had been a failure to make such referrals had led to the overpayments, and that the Council had received benefit. The Council replied that it had received nothing which it had not paid on, and that a failure to make repayment, even of a part of the overpayment, would cause it hardship.
Held: The decision taken by the Secretary of State was lawful, and nor was there any other adequate reason to quash the decision to recover the sum demanded.

Judges:

The Hon Mr Justice Lindsay

Citations:

[2003] EWHC 2518 (Admin)

Links:

Bailii

Statutes:

Social Security Contributions & Benefits Act 1992 123(1)(d) 123(3)

Jurisdiction:

England and Wales

Citing:

Cited – 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 – Regina v Brent London Boriugh Council, ex parte Assegai 1987
A committee of the Borough resolved to ban Mr Assegai, who had been involved in a fracas and had made offensive remarks to two Councillors, from visiting any of the Borough’s properties. The resolution also purported to remove him from his . .
Cited – Regina (on the application of Waite) v Hammersmith and Fulham London Borough Council CA 2002
As to the distribution of benefits, ‘ . . the distribution of State benefit lies peculiarly within the constitutional responsibility of elected Government’. . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Regina v Ministry of Agriculture, Fisheries and Food and Commissioners of Customs and Excise, ex parte National Farmers’ Union and others ECJ 5-May-1998
Land from which nitrates were leeching off into rivers causing pollution, had to be designated as environmentally vulnerable land, if agricultural activities were a substantial even if only partially cause of the pollution. ‘As regards . . . the . .
Cited – Regina (Annette Carson) v Secretary of State for Work and Pensions Admn 22-May-2002
The claimant received a UK state pension. She lived in South Africa, and challenged the exclusion of foreign resident pensioners from the annual uprating of pension benefits. She asserted that the state pension, or its uprating, were pecuniary . .

Cited by:

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

Local Government, Benefits

Updated: 08 June 2022; Ref: scu.187276

Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others: Admn 26 Mar 2003

Citations:

[2003] EWHC 886 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appealed to – Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others CA 30-Oct-2003
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A . .

Cited by:

Appeal from – Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others CA 30-Oct-2003
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning, Housing

Updated: 07 June 2022; Ref: scu.185570

Capenhurst and Others, Regina (on the Application Of) v Leicester City Council: Admn 15 Sep 2004

The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair.
Held: Even if it was not bound to consult, if the authority chose to consult it must do so fairly. It was for the claimant to establish that if a failed consultation took place, there was a real possibility of a different result. Those weaknesses existed here, and had not been cured in the appeal process. The decisions were to be quashed.

Judges:

Silber J

Citations:

[2004] EWHC 2124 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina v London Borough of Islington ex parte East Admn 1996
The court considered the obligation on an authority to consult: ‘.. the precise demands of consultation .. there according to the circumstances .. The extent and method of consultation must depend on the circumstances. Underlying what is required . .
Cited – Regina v Secretary of State ex parte Khan CA 4-Apr-1984
The Secretary of State had refused an entry clearance for a child to be allowed into the United Kingdom for the purpose of adoption by the applicant, but had done so upon grounds nowhere mentioned in a Home Office circular letter apparently setting . .
Cited – Regina v Secretary of State for the Environment ex p Brent London Borough Council QBD 1982
The court considered a refusal by the minister to hear further representations from local authorities with regard to their rate support grants: ‘it would of course have been unrealistic not to accept that it is certainly probably that, if the . .
Cited – Regina v Chief Constable of Thames Valley ex parte Cotton 1990
In order:- ‘to make good a natural justice challenge an applicant must establish where there is a real, as opposed to purely minimal possibility that the outcome would have been different’ (Simon Brown J) Bingham LJ: ‘While cases may no doubt arise . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 07 June 2022; Ref: scu.213645

Ealing London Borough Council v The Audit Commission for Local Authorities and Another: Admn 17 Feb 2005

The authority complained at the intended use by the respondent of a performance assessment issued by a third party. The Audit Commision appealed.
Held: The use of the third party assessment was proper where that body had the appropriate skills to make the assessment.

Judges:

Walker J

Citations:

[2005] EWHC 195 (Admin), Times 02-Mar-2005

Links:

Bailii

Statutes:

Local Government Act 2003 99

Jurisdiction:

England and Wales

Citing:

Cited – Lavender v Minister of Housing and Local Government 1970
While it is not for the courts to interfere with the formulation or administration of the Minister’s planning policies, the Minister is not able to dictate the exercise of discretion on the basis of a policy mandate. . .

Cited by:

Appeal from – Audit Commission for England and Wales v Ealing London Borough Council CA 16-May-2005
The authority complained that the respondent intended to adopt the assessment of its performance the judgment of a third party.
Held: There had been no unlawful delegation of the Audit Commissions duties. The Commission for Social Care . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 07 June 2022; Ref: scu.223381

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 Market were open to judicial review. The farmers markets were held on publicly owned land to which the public had access, the company was set up by the council using statutory powers and it stepped into the council’s shoes performing the same functions as the council had previously performed. From the start the council assisted the company by providing facilities and finance. The company was established to take over on a non profit basis the running of markets previously operated by the council in the exercise of its statutory power in what was considered to be the public interest. In that light, the company having taken over a public function, retained a sufficient element of the exercise of a public function to make its decisions susceptible to judicial review: ‘unless the source of power clearly provides the answer, the question whether the decision of a body is amenable to judicial review requires a careful consideration of the nature of the power and function that has been exercised to see whether the decision has a sufficient public element, flavour or character to bring it within the purview of public law.’
Dyson LJ said: ‘It seems to me that the law has now been developed to the point where, unless the source of power clearly provides an answer, the question whether the decision of a body is amenable to judicial review requires a careful consideration of the nature of the power and function that has been exercised to see whether the decision has a sufficient public element, flavour or character to bring it within the purview of public law. It may be said with some justification that this criterion for amenability is very broad, not to say question-begging. But it provides the framework for the investigation that has to be conducted. There is a growing body of case law in which the question of amenability to judicial review has been considered. From these cases it is possible to identify a number of features which point towards the presence or absence of the requisite public law element’.

Judges:

Lord Justice Dyson, Lord Justice Longmore and Sir Martin Nourse

Citations:

[2003] EWCA Civ 1056, Times 25-Aug-2003, [2004] 1 WLR 233

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Cited – Poplar Housing and Regeneration Community Association Ltd v Donoghue CA 27-Apr-2001
The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority.
Held: Once the human rights issue was raised, . .
Cited – Regina (Heather and Another) v Leonard Cheshire Foundation CA 21-Mar-2002
The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close.
Held: Though the respondent did exercise some public functions, and its . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited – Regina v HM Treasury, Ex Parte University of Cambridge ECJ 3-Oct-2000
When considering public law governed the procedural requirements for procurement contracts, the court had to consider whether body was financed ‘for the most part’ by public funds. The words referred to the majority of income, and the calculations . .
Cited – 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 – Regina v Basildon District Council, ex parte Brown CA 1981
The status of a market was not relevant to the crucial question whether the stallholder’s licence had been validly terminated. The exercise of the powers by the local authority must be governed by the same principles whether in relation to a . .
Cited – Regina v Wear Valley District Council, ex p Binks 1985
The applicant operated a hot food takeaway caravan from a market place. She had no written licence, operating under an informal arrangement with the local authority. Her rights were terminated without notice.
Held: The decision was quashed. It . .
Cited – Regina v Durham County Council, ex parte Robinson 31-Jan-1992
The applicant sought to challenge the decision of the local authority to terminate his stallholder’s licence. The parties had agreed that a sufficient element of public law was involved to give the court jurisdiction to review the decision.
Cited – 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 . .
Distinguished – Regina v Servite Houses, London Borough of Wandsworth Council ex parte Louisa Laura Goldsmith, By Her Daughter and Litigation Friend Linda Goldsmith v Florence Nellie Chatting By Her Niece and Litigation Friend Marlene Turner Admn 12-May-2000
. .

Cited by:

Cited – Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others Admn 8-Oct-2009
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and . .
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Lists of cited by and citing cases may be incomplete.

Local Government, Licensing, Judicial Review

Updated: 07 June 2022; Ref: scu.184822

Williams v Horsham District Council: Admn 26 Jun 2003

The resident owned a house but lived elsewhere, visiting the cottage only occasionally, and not staying overnight. He paid full council tax at first but then sought a rebate under the Act.
Held: The tribunal had exaggerated the importance of the fact that his wife lived elsewhere and that he did not stay overnight. They should not be elevated beyond other factors.

Judges:

Mr Justice McCombe

Citations:

Gazette 10-Jul-2003, [2003] EWHC 1862 (Admin)

Links:

Bailii

Statutes:

Local Government Finance Act 1992 11(2)(a)

Cited by:

Appeal from – Williams v Horsham District Council CA 21-Jan-2004
The taxpayer owned a cottage where he now lived in retirement. He had been a headmaster at a public school, and had been required to live in the house provided. He sought to assert that the school house had been his main residence and that he was . .
Lists of cited by and citing cases may be incomplete.

Local Government, Rating

Updated: 07 June 2022; Ref: scu.184717

Waikato Regional Airport Ltd and others v Attorney General: PC 30 Jun 2003

PC New Zealand

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe

Citations:

[2003] UKPC 50

Links:

PC, Bailii, PC

Cited by:

Cited – Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council Admn 16-May-2012
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the . .
Cited – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Local Government

Updated: 07 June 2022; Ref: scu.184504

Laing Homes Ltd, Regina (on the Application of) v Secretary of State for the Environment Food and Rural Affairs: Admn 8 Jul 2003

Sullivan J allowed Laing Homes Ltd.’s application for judicial review of the County Council’s decision to register a Town or Village Green, but rejected the argument that the locality needed to be specified in the application form, could not be later amended, and that the Ecclesiastical Parish of Hazlemere did not qualify as a locality. He endorsed the Inspector’s approach at paragraph 142 to the effect that ‘it is clear from the scheme of the [1965 Act] and the Regulations that the question of what is the relevant ‘locality’ (or if appropriate ‘neighbourhood within a locality’) in the section 22 sense is a matter of fact for the Registration Authority to determine (albeit in accordance with the correct legal principles) in the light of all the evidence, which may indeed contain a number of conflicting views on the topic. There is no requirement in the Form or Regulations for an applicant to commit himself to a legally correct (or any) definition of the ‘Section 22 locality’ (or ‘neighbourhood’)’.

Judges:

Sullivan J

Citations:

[2003] EWHC 1578 (Admin), [2003] 3 PLR 60

Links:

Bailii

Statutes:

Commons Registration Act 1965

Cited by:

Cited – Paddico (267) Ltd v Kirklees Metropolitan Council and Others ChD 23-Jun-2011
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 07 June 2022; Ref: scu.184462

Stretch v The United Kingdom: ECHR 24 Jun 2003

The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under the Convention included such rights. The concept of ‘possessions’ in Art. 1 includes a legitimate expectation of obtaining effective enjoyment of a property right resulting from the ultra vires act of a public authority. The council had acted under a mistaken belief as to its capacity. No third party interest would have been affected, and the interference in private property rights was disproportionate.
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings

Judges:

Pellonpaa, President, Sir Nicolas Bratza, E. Palm, V. Stranick, S. Pavlovschi, L. Garlicki, J. Borrego Borrego

Citations:

44277/98, Times 03-Jul-2003, (2003) 38 EHRR 12, [2003] ECHR 320

Links:

Worldlii, Bailii

Statutes:

Local Government Act 1933

Jurisdiction:

Human Rights

Citing:

Appeal from – Stretch v West Dorset District Council CA 10-Nov-1997
A local authority has no ability to grant an option to renew a lease, even though it has the power to grant a lease and would benefit from the wrongful grant. The land was held for an express statutory purpose and was not ‘corporate land’ within the . .
Cited – Pine Valley Developments Ltd And Others v Ireland ECHR 29-Nov-1991
ECHR Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of P1-1; No violation of Art. 14+P1-1; Violation of Art. 14+P1-1; No violation of Art. 13; Just . .
Cited – Credit Suisse v Allerdale Borough Council CA 20-May-1996
Builder’s Guarantee Ultra Vires LA
The council set out to provide a swimming pool using powers under s.19 of the 1976 Act. Purporting to use powers under s.111 of the 1972 Act, it set up a company to develop a site by building a leisure pool and time-share units, with a view to . .
Cited – Pressos Compania Naviera S A And Others v Belgium (Article 50) ECHR 3-Jul-1997
Hudoc Judgment (Just satisfaction) Struck out of the list; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient
‘possessions’ can be ‘existing possessions’ or assets, . .

Cited by:

Appealed to – Stretch v West Dorset District Council CA 10-Nov-1997
A local authority has no ability to grant an option to renew a lease, even though it has the power to grant a lease and would benefit from the wrongful grant. The land was held for an express statutory purpose and was not ‘corporate land’ within the . .
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 – Birmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .
Cited – Times Newspapers Ltd and Others v Flood and Others SC 11-Apr-2017
Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech.
Held: Each of the three appeals was dismissed. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Landlord and Tenant, Local Government

Updated: 07 June 2022; Ref: scu.184221

Leeds City Council v Watkins, Whiteley: ChD 25 Mar 2003

The authority sought to control local unlicensed Sunday markets.
Held: The Acts gave the authority the right to run its own markets, and to license others. That right included in each case the right to prevent others competing within the area designated. An argument that a right to prosecute was a sufficient remedy and excluded a power to prevent a market operating did not work. This was a separate and self contained statutory scheme.
JohnLambert Neither arts 81 and 82 of the Treaty of Rome, nor s. 2 and s. 18 of the Competition Act 1998, prevent local authorities from enforcing their common law and statutory powers to regulate markets.
Part of the defence to a claim by the Council against operators of various car boot sales was that the authority had taken decisions, either on its own or in conjunction with other local councils who belonged to the National Association of British Market Authorities, that might affect trade, either within the UK or between the UK and other EC member states, so as to prevent or distort competition. The judge rejected that argument on the ground that neither the Association nor its member authorities were ‘undertakings’ within the meaning of art 81 EEC or s. 2 of the 1998 Act. Further, even if they had been ‘undertakings’, his lordship found no evidence of an agreement or concerted practice.
Similarly, the sale organisers had alleged that the City Council had abused a dominant position. Again, they failed to persuade his lordship that the Council had occupied a dominant position within the ECJ’s definition in United Brands -v- Commission [1978] ECR 207. The judge found that even if it had been in a dominant position, the Council’s conduct would not have amounted to abuse.
The intriguing aspect of this case is that it was decided entirely on the facts leaving open the possibility tat the arguments could still be good in law.

Judges:

The Honourable Mr Justice Peter Smith

Citations:

Times 09-Apr-2003, [2003] EWHC 598 (Ch)

Links:

Bailii

Statutes:

West Yorkshire Act 1980, Leeds Corporation (Consolidation) Act 1905

Jurisdiction:

England and Wales

Licensing, Local Government

Updated: 07 June 2022; Ref: scu.180328

Rowe, Regina (on the Application of) v Vale of White Horse District Council: Admn 7 Mar 2003

The local council sought to claim payment for sewerage services enjoyed by a householder.
Held: Where a supplier has supplied services to another and there is no contractual relationship in existence, the law may afford to the supplier restitutionary remedy. Lightman J said: ‘there are four essential ingredients to a claim in restitution:
(i) a benefit must have been gained by the defendant;
(ii) the benefit must have been obtained at the claimant’s expense;
(iii) it must be legally unjust, that is to say there must exist a factor (referred to as an unjust fact) rendering it unjust, for the defendant to retain the benefit;
(iv) there must be no defence available to extinguish or reduce the defendant’s liability to make restitution.’

Judges:

The Hon Mr Justice Lightman

Citations:

[2003] 1 Lloyds Rep 418, [2003] EWHC 388 (Admin)

Links:

Bailii

Citing:

Cited – Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd HL 15-Jun-1942
A contract for the supply by the respondents of special machinery to be manufactured by them was treated as an ordinary contract for the sale of goods. It began valid, but suffered frustration by the outbreak of war.
Held: Lord Wright restated . .

Cited by:

Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .
Lists of cited by and citing cases may be incomplete.

Utilities, Local Government, Equity

Updated: 07 June 2022; Ref: scu.179910

Roe v Sheffield City Council and others: CA 17 Jan 2003

The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating the effects of the 1870 Act.
Held: The 1988 Act did not provide a full statement of the defendant’s liability so as to exclude their liability under the 1980 Act. The standard of maintenance was defined by reference to safety. A small difference may be safe, but the rail stood sufficiently proud of the roadway to lift the tyre from the roadway and break its grip. The 1988 Act shifted responsibility to the tramway operator within the initial 12 months of operation.

Judges:

Pill, Sedley, Hale LJJ

Citations:

Times 24-Jan-2003, [2003] EWCA Civ 1, [2004] QB 653, [2003] BLGR 389, [2003] 2 WLR 848

Links:

Bailii

Statutes:

Tramways Act 1870 25 28, South Yorkshire Light Rail Transit Act 1988, Highways Act 1980 41

Jurisdiction:

England and Wales

Citing:

Cited – Dublin United Tramways Co Ltd v Martin Fitzgerald HL 1903
The plaintiff sued when his horse slipped on tramlines in the road and fell. Stone setts or paving between the rails of a tramway in Grafton Street, Dublin, had become slippery owing to the grit or roughness of setts being worn away. In that state, . .
Cited – Simon v Islington Borough Council CA 1943
A cyclist was killed because of the dangerous condition of an abandoned tramway. A rail and the adjoining stone setts were not level with each other. The London Passenger Transport Board had given the highway authority the notice required by statute . .
Cited – Goodes v East Sussex County Council HL 16-Jun-2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road.
Held: The statutory duty on a highway authority to keep a road . .

Cited by:

See Also – Roe v Sheffield City Council, South Yorkshire Light Rail Ltd, South Yorkshire Supertram Ltd, Balfour Beatty Power Construction Ltd CA 23-Mar-2004
. .
Cited – Morrison Sports Ltd and Others v Scottish Power SC 28-Jul-2010
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced . .
Lists of cited by and citing cases may be incomplete.

Transport, Local Government, Personal Injury

Updated: 06 June 2022; Ref: scu.178774

Beaton v Devon County Council: CA 31 Oct 2002

The respondent provided a cycle way. As it passed through a tunnel, there were drainage gullies at the side. The claimant stepped off her cycle, and hurt her foot in the gully. The tunnel was well lit, and no previous complaints had been made. The authority appealed a finding of negligence.
Held: The finding that the accident was foreseeable when there had been no previous complaint amounted to creating an equivalence between its duties in negligence and its duties under the 1957 Act. There was no such equivalence, or duty to prevent accidents. The appeal succeeded.

Judges:

Judge, May LJJ

Citations:

Gazette 09-Jan-2003, [2002] EWCA Civ 1675

Links:

Bailii

Statutes:

Occupiers Liability Act 1957

Jurisdiction:

England and Wales

Personal Injury, Local Government, Negligence

Updated: 06 June 2022; Ref: scu.178639

Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act.
Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties under the 1989 Act. The authorities duties continued notwithstanding the imprisonment, and therefore the Act continued to apply, in direct contradiction of the Prisons’ Handbook, but indirectly. Whether the duties were being complied with required to be assessed in the context of the treatment of a particular child. Munby J said: ‘human rights law imposes on the Prison Service enforceable obligations, that is, obligations enforceable by or on behalf of children in YOIs: (i) to have regard to the ‘welfare’ principle encapsulated in the UN Convention and the European Charter; and (ii) to take effective steps to protect children in YOIs from any ill-treatment, whether at the hands of Prison Service staff or of other inmates, of the type which engages either Arts 3 or 8 of the European Convention. ‘

Judges:

Munby J

Citations:

Times 05-Dec-2002, Gazette 16-Jan-2003, Gazette 23-Jan-2003, [2002] EWHC 2497 (Admin), [2003] 1 FLR 484

Links:

Bailii

Statutes:

Children Act 1989 17 47, Prison Act 1952, Young Offender Institution Rules 2000 (2000 SI 3371), European Convention on Human Rights 8

Citing:

Cited – Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon Admn 18-Apr-1997
. .
Cited – In Re C (A Minor) (Medical Treatment: Court’s Jurisdiction); Re C (Detention: Medical Treatment) FD 21-Mar-1997
A children’s clinic is not secure accommodation, and the court may make orders for his or her treatment whilst in the clinic. The court discussed whether the state had power if necessary to detain a child using its parens patriae powers to give . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd QBD 1995
A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to . .
Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.

Cited by:

Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .
Cited – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
Lists of cited by and citing cases may be incomplete.

Children, Prisons, Local Government, Human Rights

Updated: 06 June 2022; Ref: scu.178347

E and Others v The United Kingdom: ECHR 26 Nov 2002

The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the local authority ombudsman who denied jurisdiction.
Held: Social services should have been aware of the situation, and of the abuser’s history. The pattern of lack of investigation communication and co-operation by them influenced the course of events, and article 3 had been infringed. The Ombudsman’s lack of jurisdiction had no remedy in domestic law, and certain grievances of the complainants were unresolved. Article 13 had been infringed. ‘The Government submitted that it was not correct to assert that this House of Lords decision [in X v Bedfordshire, M v Newham, et al] prevented all claims in negligence against local authorities in the exercise of their child protection duties, and argued that it could not be regarded as beyond doubt that these applicants would have failed as, in the case of these applicants, the social services arguably were negligent in the way they approached operational, as well as policy, matters.’

Citations:

Times 04-Dec-2002, Gazette 16-Jan-2003, 33218/96, [2002] ECHR 763, [2002] ECHR 769

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 3 13

Cited by:

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 – Plymouth City Council v HM Coroner for the County of Devon and Another Admn 27-May-2005
The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Local Government

Updated: 06 June 2022; Ref: scu.178287

Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne: HL 14 Nov 2002

The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order requiring the sale.
Held: The 1985 Act made no reference to the 1938 Act, because it was not imagined that they would conflict. The 1938 Act restricted voluntary sales by Authorities. The 1985 imposed obligations to sell. The obligations created did not conflict. The obligation to sell stood.

Judges:

Bingham of Cornhill, Hope of Craighead, Hutton, Scott of Foscote, Rodger of Earlsferry, LL

Citations:

Times 18-Nov-2002, Gazette 28-Nov-2002, [2002] UKHL 45, [2003] 1 All ER 15, [2003] HLR 30, [2002] 48 EGCS 138, [2002] 1 WLR 3250, [2002] NPC 142, [2003] BLGR 1

Links:

House of Lords, Bailii

Statutes:

Green Belt (London and Home Counties) Act 1938 5, Housing Act 1985 118

Jurisdiction:

England and Wales

Citing:

Appeal from – O’Byrne v Secretary of State for Environment, Transport and Regions and Another CA 17-Apr-2001
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority . .
See Also – Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne Admn 20-Aug-1999
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding . .
At first instance – Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne QBD 8-Jun-2000
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government, Housing

Updated: 06 June 2022; Ref: scu.178195

Patersons of Greenoakhill Ltd v South Lanarkshire Council: SCS 7 Feb 2014

The responders sought an interim order under regulation 48(1) suspending its duties under regulation 47(9) as to the tendering process for receipt, separation, recycling and disposal of unsorted municipal waste

Judges:

Lord Tyre

Citations:

[2014] ScotCS CSOH – 21

Links:

Bailii

Statutes:

Public Contracts (Scotland) Regulations 2012 48(1)

Jurisdiction:

Scotland

Local Government

Updated: 06 June 2022; Ref: scu.521146

Smith and Another v South Gloucestershire Council: CA 31 Jul 2002

The claimants purchased land. The local search did not reveal a planning permission which affected the value of the property by applying an occupancy condition. He claimed compensation. Compensation was eventually agreed to be payable, but the parties did not agree as to the time at which the damage was to be assessed. At the date when the defect was discovered, or at the date of the compensation hearing.
Held: The compensation claim was equivalent to a claim in tort. The assessment of the damage would usually be as at the date it was suffered. Because they had not known of the restriction, the claimants had however invested money in the property which would now be lost. They alleged the result was similar to the situation of losses arising from a negligent survey. The ‘date of breach rule’ has exceptions. The position in tort and in contract should be the same. Here, the normal order would prove unjust to the claimants. The claimant had acted reasonably in delaying, in order to try to get the restriction lifted, and his damages would be calculated as at the later date, the date of the hearing.

Judges:

Lord Justice Ward, Lord Justice Mance and Sir Martin Nourse

Citations:

Times 30-Aug-2002, Gazette 17-Oct-2002, [2002] EWCA Civ 1131

Links:

Bailii

Statutes:

Local Land Charges Act 1975 10

Jurisdiction:

England and Wales

Citing:

Cited – Philips v Ward CA 1956
The Plaintiff had relied on a negligent survey to purchase a substantial Elizabethan property and land. The report did not mention that the timbers of the house were badly affected by death watch beetle and worm so that the only course left to him . .
Cited – Perry v Sidney Phillips and Son CA 1982
In 1982 the surveyor failed to observe serious defects, including a leaking roof and a septic tank with an offensive smell. The plaintiff purchaser could not afford major repairs and executed only minor repairs himself. At the date of the trial the . .
Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Applied – Alcoa Minerals of Jamaica Inc v Herbert Broderick PC 20-Mar-2000
(Jamaica) Damage had been caused to the claimant’s property, but, because of his lack of funds, he was dependent upon the receipt of the damages to carry out the works of repair necessary. By the time the matter came to trial, inflation meant that . .
Cited – Trans Trust SPRL v Danubian Trading Co Ltd CA 1952
Lord Justice Denning said: ‘It was also said that the damages were the result of the impecuniosity of the sellers and that it was a rule of law that such damages are too remote. I do not think there is any such rule. In the case of a breach of . .
Cited – Liesbosch Dredger (Owners of) v Owners of SS Edison, The Liesbosch HL 28-Feb-1933
The ship Edison fouled the moorings of the Liesbosch resulting in the total loss of the dredger when it sank. It had been engaged on work in the harbour under contract with the harbour board. All the owners’ liquid resources were engaged in the . .
Cited – Miliangos v George Frank (Textiles) Ltd HL 1975
The issue was whether an English court was able to award damages in Sterling only.
Held: The House distinguished clearly between the substance of the debtor’s obligations and the effect of English procedural law when a debt in a foreign . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Local Government

Updated: 06 June 2022; Ref: scu.174449

Robertson v Fife Council: HL 25 Jul 2002

The local authority considered providing residential care to the applicant. She had given away her former home, and they sought to take into account notional capital attributed to her as if the house had not been given away. Having done so, it declined to assist.
Held: The obligation to provide care was a separate duty and was not to be run together with the consequences of the assessment of financial resources when the authority considered whether to offer assistance. The direction in section 12(3A) of the 1968 Act to disregard capital below one level was not a direction to take into account capital above that level. This did not mean that the patient should not be charged for the care provided. The need assessment came first, and the costs implications was a separate and second matter.

Judges:

Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Hope of Craighead and Lord Hobhouse of Woodborough

Citations:

Times 08-Aug-2002, [2002] UKHL 35, (2002) 68 BMLR 229, (2002) 5 CCL Rep 543, 2003 SCLR 39, 2002 SC (HL) 145, 2002 Hous LR 78, 2002 GWD 26-927, 2002 SLT 951

Links:

House of Lords, Bailii

Statutes:

Social Work (Scotland) Act 1968 12 12(3A) 12A 13A 55, Community Care (Residential Accommodation) Act 1998, National Health Service and Community Care Act 1990

Jurisdiction:

Scotland

Benefits, Local Government, Health

Updated: 06 June 2022; Ref: scu.174395

Regina (W) v Lambeth London Borough Council: CA 3 May 2002

A family had been found to be voluntarily homeless. The family asked the authority to provide housing to the family under the 1989 Act from its duty to care for the children.
Held: The 1989 Act did not change the law in the 1980 Act. The authority had a power to assist and Another child in these circumstances. However, it was not a duty, and the authority had a discretion as to how it might use the power. The 2001 Lambeth case was wrongly decided. The powers of the authority were not to be compartmentalized.

Judges:

Lord Justice Brooke, Lord Justice Laws and Lord Justice Keene

Citations:

Times 23-May-2002, [2002] EWCA Civ 613

Links:

Bailii

Statutes:

Children Act 1989 17, Child Care Act 1980 1

Jurisdiction:

England and Wales

Citing:

Cited – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an . .

Cited by:

Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Housing

Updated: 06 June 2022; Ref: scu.171259

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 accommodation as a person in need of care and attention under s 21(1) of the National Assistance Act 1948. The court decided that in a case where the evidence showed that a person’s housing needs could adequately be meet by the provision of ordinary housing, there was no extra duty under the National Assistance Act. The family had a housing need, not just the claimant as a result of his mental illness. He was not in need of ‘care and assistance’ under the National Assistance Act. The power to provide accommodation is dependent upon three conditions being satisfied: first, the person must be in need of care and attention; secondly, the need must arise by reason of age, illness, disability or ‘other circumstances’ and, thirdly, the care and attention which is needed must not be available otherwise than by the provision of accommodation under section 21.

Judges:

Pill LJ, Mummery LJ, Hale LJ

Citations:

[2002] EWCA Civ 287, [2003] HLR 2, [2002] 5 CCLR 247, [2002] BLGR 545, [2002] LGR 545

Links:

Bailii

Statutes:

National Assistance Act 1948 21(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina (Wahid) v The London Borough of Tower Hamlets Admn 23-Aug-2001
The applicant sought assistance under the National Assistance Act, in the form of housing. He suffered mental illness and was vulnerable. It was argued that the Act imposed a duty on the authority which was regardless of its budgetary limitations. . .

Cited by:

Cited – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Cited – 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 . .
Cited – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Cited – Ahmad, Regina (on the Application of) v London Borough of Newham HL 4-Mar-2009
The claimant wished to be rehoused by the defendant authority. He complained that their allocations policy was unlawful. Once an applicant was deemed in priority need, he entered a pool if such persons and houses were allocated (save in extreme . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 05 June 2022; Ref: scu.168081

Bempoa, Regina (on the Application of) v London Borough of Southwark: Admn 14 Feb 2002

Gilliatt The court issued a very public and highly deserved rebuke of LB Southwark’s ‘outrageous’ breach of an undertaking to a court not to enforce a possession order. The case is interesting in its detail of the systematic failures of the local authority. The court also gave the appellant leave to apply for damages, whilst expressing some doubts about the personal right to damages of the victim of a contemptuous action.

Judges:

Munby J

Citations:

[2002] EWHC 153 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, Contempt of Court, Local Government

Updated: 05 June 2022; Ref: scu.168030

London Regional Transport, London Underground Limited v Mayor of London Transport for London: CA 24 Aug 2001

The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. On an application for permission to appeal, it was alleged that Sullivan J had wrongly conducted a balancing exercise that had regard to the requirements of Article 10 of the Convention notwithstanding that the publication was in breach of contractual obligations of confidence. The claimants had argued that because of a contractual confidentiality agreement the court had no option but to grant the injunction. The defendants had relied, successfully, on the argument that if, which was not admitted, publication of the redacted report would breach the confidentiality agreement, the injunction should none the less be set aside because of the strong public interest in the content of the report. Sullivan J had held that the public interest required the report to be published in it redacted form, even if an exceptional case had to be made for breaching the contractual duty of confidence. He held that the case was exceptional: ‘…this is not a case where some employee is seeking to pass confidential information to someone else for commercial gain, or where someone is trying to use confidential material to steal a march on a commercial rival. What the defendants seek to do is to disclose matters which are of genuine public concern…this is a most exceptional case. It could not properly be described as the normal run-of-the-mill breach of confidence case, whether it is in breach of an implied duty of confidence or an express duty of confidence contained in an agreement…’
Held: The court rejected the submission that a duty of confidence carried greater weight if it was contractual: ‘No authority has been cited to the court establishing that an apparent breach of a contractual duty of confidence is more serious, and is to be approached differently (as regards injunctive relief) than other apparent reaches the court adopts the same approach to both.’ (Walker LJ) The respondent argued that the judge had applied too stringent a test in requiring them to demonstrate that there was an exceptional case for publication. The court held that on the test applied by the judge his conclusions were amply justified.
Sedley J held that Convention rights introduced by the Human Rights Act lent force to Robert Walker LJ’s conclusion. Applying a test of proportionality furnished a more certain guide to the exercise of the court’s discretion than ‘the test of a reasonable recipient’s conscience’. The effect of section 3(1) of the Act was ‘…in the absence of any meaningful threatened breach of confidentiality, that it is unlawful by virtue of section 6(1) of the Human Rights Act 1998 for either claimant to seek, whether by contract or lawsuit, to interfere with Article 10 rights – whether those of the defendant or those of the public’.
Aldous LJ said that, although the hearing had been of an application for permission to appeal, as the court had heard full argument ‘we regard our judgments as making a modest extension to the law’.

Judges:

Sedley LJ, Aldous LJ, Robert Walker LJ

Citations:

[2003] EMLR 4, [2001] EWCA Civ 1491

Links:

Bailii

Statutes:

Greater London Authority Act 1999 210, European Convention on Human Rights 10(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v London Underground Ltd and Another, ex parte Transport for London QBD 30-Jul-2001
The Act gave the power to the government to override the policy of the Mayor of London and the Transport for London authority, and to enter into private partnerships for the management of the underground system by the private sector. Although the . .
Cited – Saltman Engineering Co v Campbell Engineering Co Ltd CA 1948
The plaintiffs instructed the defendant to make tools for the manufacture of leather punches in accordance with drawings which the plaintiffs provided to the defendant for this purpose. The defendant used the drawings to make tools, and the tools to . .

Cited by:

Appealed to – Regina v London Underground Ltd and Another, ex parte Transport for London QBD 30-Jul-2001
The Act gave the power to the government to override the policy of the Mayor of London and the Transport for London authority, and to enter into private partnerships for the management of the underground system by the private sector. Although the . .
Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Cited – Associated Newspapers Ltd v Prince of Wales CA 21-Dec-2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient . .
Lists of cited by and citing cases may be incomplete.

Administrative, Contract, Local Government, Information, Human Rights

Updated: 05 June 2022; Ref: scu.167766

Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002

Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful and proportionate. So far as such non-secure tenancies were concerned, the judge was not obliged to grant possession, but had a discretion.
Held: The homes were to be treated as such despite any lack of security. Nevertheless, the balance of interests under Article 8(2) was properly struck. There are some statutory regimes under which the balance of interests arising under Article 8(2) has in all its essentials been struck by the legislature and under which a court, before ordering a defendant to give up possession of accommodation where he has been living, is not obliged to adjudicate upon the specific merits of coercive action in an individual case. The word ‘engaged’ is not part of the vocabulary of human rights law.

Judges:

Lord Justice Thorpe, Lord Justice Laws, And, Lord Justice Kay

Citations:

Times 20-Feb-2002, Gazette 15-Mar-2002, [2002] EWCA Civ 4, [2002] LGR 467, [2002] HLR 639

Links:

Bailii

Statutes:

Housing Act 1996 193, Housing Act 1985 21(1), European Convention on Human Rights 8.2

Jurisdiction:

England and Wales

Cited by:

Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
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 – 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 – Price and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
Cited – Nadine Delson v London Borough of Lambeth CA 19-Nov-2002
Application for permission to appeal against refusal of second application for permission to apply for judicial review.
Held: It was not sustainable to suggest that the section was incompatible with the cliamant’s human rights. Leave to appeal . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – McGlynn v Welwyn Hatfield District Council CA 1-Apr-2009
The appellant was a non-secure tenant of the respondent. It had served a notice to quit and he now appealed against an order for possession on public law grounds.
Held: There had been a delay between the issue of the notice to quit and the . .
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Cited – Salford City Council v Mullen CA 30-Mar-2010
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Local Government

Updated: 05 June 2022; Ref: scu.167526

Clayton v Sale Urban District Council: 1926

Action was brought by the Council in respect of an alleged statutory nuisance caused by flooding. Under section 94 of the 1875 Act they could serve an abatement notice on the person by whose ‘act default or sufferance’ the nuisance had arisen. The authority argued that the nuisance had arisen by the ‘default’ of the owner, in failing to repair the bank. It was argued that there could not be ‘default’ by the owner within the meaning of the section unless there had been a breach of ‘an obligation arising independently of the section from an agreement or otherwise’, and that he was not under any ‘agreement or covenant or otherwise to construct or to repair the flood bank’
Held: The defence failed.
Lord Hewart CJ said: ‘In my opinion the act, default, or sufferance referred to in section 94 of the Public Health Act 1875, is an act, default, or sufferance related to the nuisance which it is sought to abate, and default no less than sufferance within the meaning of that section can occur without the breach of an obligation arising from contractual agreement.’

Judges:

Lord Hewart CJ

Citations:

[1926] 1 KB 415

Statutes:

Public Health Act 1875, Public Health Act 1936

Jurisdiction:

England and Wales

Cited by:

Cited – Hastings Borough Council v Manolete Partners Plc SC 27-Jul-2016
The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 05 June 2022; Ref: scu.628556

Place v Rawtenstall Corporation: 1916

The authority had served notice under the Act requiring the plaintiff to convert a pail closet on his premises into a water closet and to connect it to a sewer. He failed to comply, and the authority carried out the work themselves, but did so by carrying out a larger project serving some other houses. In doing so, they used pipes larger than would have been needed by the claimant, thus causing subsidence to his property.
Held: The authority could not rely on his ‘default’ to defeat his claim for damages.
Statutes interfering with common law rights should be strictly construed, and that it was for the authority to establish ‘that the work which they have done . . is strictly work done ‘in default of . . the owner”. The problem for the authority was that the work was not limited to the work the owner would have done to carry out the work for his own house, but ‘comprised much more’.

Judges:

Scrutton J

Citations:

(1916) 86 LJKB 90

Statutes:

Rawtenstall Corporation Act 1907 257

Jurisdiction:

England and Wales

Cited by:

Cited – Hastings Borough Council v Manolete Partners Plc SC 27-Jul-2016
The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 05 June 2022; Ref: scu.628555

Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd: CA 12 Jun 1991

Citations:

Gazette 12-Jun-1991, [1991] 3 WLR 985

Jurisdiction:

England and Wales

Cited by:

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

Local Government, Litigation Practice

Updated: 05 June 2022; Ref: scu.268825

Dance v Welwyn Hatfield Distrrict Council: CA 1990

The secure tenants had claimed to exercise their right to buy; the local authority admitted their right and proposed a price which was accepted. The authority offered a partial mortgage which was accepted and by reference to which they had exercised their statutory right to elect deferred completion. The authority then notified them of its intention to demolish the property and contended that, because prior to their exercise of the right to buy it would be entitled to an order for possession on that basis, it was no longer obliged to complete the sale.
Held: The authority’s appeal was unsuccessful. Lord Justice Nourse held that in the words of s138(1) of the Act, the right to buy had been established and all matters relating to the grant and to the amount to be left outstanding or advanced on the security of the property had been agreed. Once such a right had been established and all such matters had been agreed, the tenants had become entitled under s. 138(3) to enforce completion of the sale and had thus acquired an equitable interest in the property. On any view the tenants had already exercised their right to buy and so the local authority would not remain entitled to an order for possession.

Judges:

Lord Justice Nourse

Citations:

[1990] 1 WLR 1097

Statutes:

Housing Act 1985

Jurisdiction:

England and Wales

Cited by:

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

Housing, Local Government

Updated: 05 June 2022; Ref: scu.242432

Reynolds v Brent London Borough Council: CA 4 Dec 2001

When a local authority was considering the fitness of a proposed licensee for the purposes of managing a house in multiple occupation, it was not under an obligation first to consider whether conditions proposed by the manager, would adequately meet any objections. The clause which allowed the court to attach conditions was free standing and separate. The authority was entitled to refuse registration without considering the imposition of restrictions.

Judges:

Lord Woolf, Lord Chief Justice, Lord Justice Mummery and Lord Justice Buxton

Citations:

Times 18-Dec-2001, Gazette 06-Feb-2002, [2001] EWCA Civ 1843

Links:

Bailii

Statutes:

Housing Act 1985 348

Jurisdiction:

England and Wales

Housing, Licensing, Local Government

Updated: 05 June 2022; Ref: scu.167111

Bradford Metropolitan District Council v Yorkshire Water Services Ltd: Admn 19 Oct 2001

After a finding in favour of the respondents, the applicants sought to argue that they should not be ordered to pay the costs, since they had been following a statutory duty in bringing the claim. They had made an administrative decision acting honestly, properly and on grounds that reasonably appeared to be sound, in the exercise of its public duty.
Held: Whether the council could seek assistance from some other party for clarifying an obscure point of law was not for the court. They had lost their case and should pay the other party’s costs.

Citations:

[2001] EWHC Admin 803

Links:

Bailii

Costs, Local Government

Updated: 05 June 2022; Ref: scu.167243

Regina (L and Others) v Manchester City Council, Regina (R and Another) v Same: QBD 28 Sep 2001

The council had a policy under which the financial assistance it gave to short term foster carers who were relatives of the children involved was rather less than would be given to non-family carers. The policy was challenged as unreasonable.
Held: The policy which imposed arbitrary financial limits was unreasonable, and would inevitably conflict with the duty to look to the child’s welfare. The policy operated to discriminate against family members and therefore infringed their human rights under the convention

Judges:

Mr Justice Munby

Citations:

Times 10-Dec-2001, [2002] Fam Law 13, [2001] EWHC 707 (Admin), [2002] 1 FLR 43, [2002] ACD 45, (2002) 5 CCL Rep 268

Links:

Bailii

Statutes:

Children Act 1989 22(3)(a), European Convention on Human Rights 8 14

Family, Children, Local Government, Human Rights, Local Government

Updated: 05 June 2022; Ref: scu.166977

Regina v North Yorkshire County Council Ex Parte Hargreaves: QBD 12 Jun 1997

The local authority’s duty to facilitate holidays for the disabled includes the power to fund the basic cost of such holidays.

Citations:

Times 12-Jun-1997

Statutes:

Chronically Sick and Disabled Persons Act 1970

Jurisdiction:

England and Wales

Citing:

See Also – Regina v North Yorkshire County Council Ex Parte Hargreaves QBD 9-Nov-1994
Both the patient and the carer were to be consulted on which place of respite care was to be offered. . .
Lists of cited by and citing cases may be incomplete.

Health, Local Government, Benefits

Updated: 05 June 2022; Ref: scu.88574

Regina v Gloucestershire County Council Ex Parte Mahfood; Same v Same Ex Parte Barry Etc: QBD 2 Aug 1996

Local Authority may allow for finances in deciding on care but must look to individual case.

Citations:

Gazette 02-Aug-1996

Statutes:

Chronically Sick and Disabled Persons Act 1970 2(1)

Jurisdiction:

England and Wales

Citing:

Appeal to – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .

Cited by:

Appeal from – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Lists of cited by and citing cases may be incomplete.

Local Government, Health

Updated: 05 June 2022; Ref: scu.88473