Category: Local Government

Richard Albon v Railtrack Plc; Basildon District Council v Railtrack Plc: Admn 10 Feb 1998

A notice requiring the removal of a rat infestation was effective though it had only been signed by a member of the staff of the local authority.

Citations:

Times 27-Feb-1998, [1998] EWHC Admin 162

Links:

Bailii

Statutes:

Prevention of Damage by Pests Act 1949

Environment, Local Government

Updated: 27 May 2022; Ref: scu.138283

Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights.

Citations:

[2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227

Links:

Bailii

Statutes:

Chronically Sick and Disabled Persons Act 1970 2(1), National Health Service and Community Care Act 1990 47(1), European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Vetterlein) v Hampshire County Council Admn 2001
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights.
Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life . .
Cited – Hirvisaari v Finland ECHR 27-Sep-2001
Article 6 guarantees a duty to provide adequate reasons for an authority’s decision. It is only by giving a reasoned decision that there can be public scrutiny of the administration of justice. . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – Regina v Islington Borough Council Ex Parte Rixon QBD 17-Apr-1996
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act.
Held: A Local Authority should allow for non-statutory guidance in assessing a disabled . .
Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-2008
Balance of probabilities remains standard of proof
There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having . .
Cited – Regina v Gloucestershire County Council ex parte Radar Admn 1998
It is not sufficient for an authority to discharge its duty under the Act by writing letters to those affected or potentially affected and offering them reassessment.
Carnwath J said: ‘In some areas of the law that might be an adequate . .
Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .

Cited by:

Appeal from – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 28-Oct-2010
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights

Updated: 27 May 2022; Ref: scu.402595

Porter; Weeks; Hartley; England and Phillips v Magill: Admn 19 Dec 1997

Citations:

[1997] EWHC Admin 1170

Links:

Bailii

Citing:

See Also – Hartley v Magill Admn 29-Oct-1996
. .
See Also – Phillips and Others v Magill and others Admn 1-May-1997
. .
See Also – Dame Porter; Weeks; Hartley; England and Phillips v Magill Admn 12-Jan-1998
. .

Cited by:

See Also – Hartley v Magill Admn 29-Oct-1996
. .
See Also – Phillips and Others v Magill and others Admn 1-May-1997
. .
See Also – Dame Porter; Weeks; Hartley; England and Phillips v Magill Admn 12-Jan-1998
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 26 May 2022; Ref: scu.138115

Dame Porter; Weeks; Hartley; England and Phillips v Magill: Admn 12 Jan 1998

Citations:

[1998] EWHC Admin 4

Links:

Bailii

Citing:

See Also – Porter; Weeks; Hartley; England and Phillips v Magill Admn 19-Dec-1997
. .
See Also – Weeks v Magill and Porter v Magill CA 5-Nov-1998
. .

Cited by:

See Also – Porter; Weeks; Hartley; England and Phillips v Magill Admn 19-Dec-1997
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 26 May 2022; Ref: scu.138125

Regina v Powys County Council ex parte Jenny Diane Hambidge: Admn 7 Oct 1997

A Local Authority has power to charge for services it provides under Chronically Sick and Disabled Persons Act and under the Health and Social Services etc Act.

Citations:

Times 05-Nov-1997, [1997] EWHC Admin 842

Links:

Bailii

Statutes:

Chronically Sick and Disabled Persons Act 1970, Health and Social Services and Social Security Adjudications Act 1983 17(2)

Health, Local Government

Updated: 26 May 2022; Ref: scu.137787

Parish Council of Glasgow v Parish Council of Kilmalcolm: HL 29 May 1906

A person whom ‘mental weakness and chronic physical disease’ renders incapable of maintaining himself, may, by the necessary residence for the requisite period in a charitable institution, without begging or applying for parochial relief, acquire a residential settlement in the parish where the institution is situated. Question whether an insane person could so acquire a residential settlement.

Judges:

Lord Chancellor (Loreburn), and Lords Macnaghten, Davey, James of Hereford, Robertson, and Atkinson

Citations:

[1906] UKHL 639, 43 SLR 639

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, Local Government

Updated: 26 May 2022; Ref: scu.625462

Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 2014

Dispute between two local authorities over who has responsibility under section 117 of the Mental Health Act 1983 (‘the Act’) for the aftercare of a person, originally made the subject of a hospital order with restrictions by an order of the Crown Court, who has been conditionally discharged for the second time from detention at a hospital.

Judges:

Moses, Kitchin LJJ, Bean J

Citations:

[2014] EWCA Civ 712, [2014] WLR(D) 229, [2014] PTSR 1066

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Health, Local Government

Updated: 26 May 2022; Ref: scu.525650

Barker v Lancashire County Council: CA 23 May 2013

‘The short point for which permission to appeal has been given in this tripping case is said to be whether, granted that a claimant for the purpose of establishing liability under s. 41 of the Highways Act 1980 has to identify the particular defect in the highway that gave rise to his injury, the local authority can also refer exclusively to that particular defect when seeking to establish their statutory defence under s. 58 of the 1980 Act. Mr Barker submits that, if the local authority were in breach of duty in relation to a wider part of the highway than that containing the particular defect and if they ought to have performed the duty to maintain in such a way as to have eradicated the individual defect which caused the injury, then they should be liable notwithstanding that there was no absence of due care in relation to the individual defect that caused the accident.’

Citations:

[2013] EWCA Civ 582

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Local Government

Updated: 26 May 2022; Ref: scu.510024

Regina (Giles) v Fareham Borough Council: QBD 13 Dec 2002

The tenant challenged by way of judicial review the council’s policy which allowed them to defer receipt for five years of any application for housing from someone who had been evicted from one of their properties for a reason other than debt.
Held: The Act gave a wide discretion to local authorities as to how they managed the allocation of properties. That discretion would include the ability to defer applications. Here the period was discretionary, with no minimum, and the policy was lawful.

Judges:

Supperstone QC

Citations:

Unreported, 13 December 2002

Statutes:

Housing Act 1996 159(7) 167(6)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 26 May 2022; Ref: scu.179029

B and Another, Regina (on the Application of) v Leeds School Organisation Committee: QBD 13 Sep 2002

The applicants sought through their litigation friends to oppose the decision of the respondent to close their junior school. The respondent said the proceedings were an abuse, having been brought in the children’s names solely to obtain legal aid.
Held: The Richmond case said that such applications should be made by the parent, not the child, save exceptionally. An application on the basis that the proceedings were an abuse having been brought in the child’s name solely in order to obtain public funding of the case would require clear evidence, and no such evidence existed here.

Judges:

Scott Baker J

Citations:

Times 22-Oct-2002

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child) CA 10-Aug-2000
The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government, Legal Aid

Updated: 26 May 2022; Ref: scu.177480

Regina v London Borough of Newham ex parte Ayse Hassan: Admn 17 Jul 1997

Citations:

[1997] EWHC Admin 697, [1996] 29 HLR 378

Links:

Bailii

Cited by:

Cited – Regina v The London Borough of Newham Ex Parte Miah Admn 12-Sep-1997
The claimant was housed in temporary accommodation pending the determination of their homelessness claims. The claimant’s wife suffered mental illness, and they wished to reject an offer of accommodation. The authority sought to argue that the . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 26 May 2022; Ref: scu.137642

Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997

When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support.

Citations:

Times 30-Jun-1997, [1997] EWHC Admin 535, [1998] 1 FLR 253, [1998] Fam Law 20, [1998] 2 FCR 6

Links:

Bailii

Statutes:

Children Act 1989 24(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Stewart) v Wandsworth London Borough Council and Others QBD 17-Sep-2001
The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 26 May 2022; Ref: scu.137480

Regina v Teesside Development Corporation ex parte William Morrison Supermarkets Plc and ex parte Redcar and Cleveland Borough Council: Admn 16 May 1997

To refuse an out-of-centre planning consent on the ground that an admittedly smaller site is available within the town centre may be to take an entirely inappropriate business decision on behalf of the developer.

Judges:

Sedley J

Citations:

[1998] JPL 23, [1997] EWHC Admin 481

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Tesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning

Updated: 26 May 2022; Ref: scu.137426

Regina v Camden London Borough Council, Ex Parte Mohammed: Admn 23 May 1997

A local authority’s policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining fairness between homeless persons in circumstances where they have decided that no duty is owed to the applicant, and proper consideration of the possibility that the applicant might be right and that to deprive him of accommodation could result in the denial of an entitlement. (4) certain matters will always require consideration, although other matters may also be relevant: (a) the ones requiring consideration were the merits of the case and the extent to which it can properly be said that the decision was one which was either contrary to the apparent merits or was one which involved a very fine balance of judgment; (b) whether consideration is required of new material, information or argument which could have a real effect on the decision under review; (c) the personal circumstances of the applicant and the consequences of an adverse decision on the exercise of the discretion.

Judges:

Latham J

Citations:

Gazette 17-Sep-1997, Times 20-Jun-1997, [1997] EWHC Admin 502, [1997] 30 HLR 315

Links:

Bailii

Statutes:

Housing Act 1996 188(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Brighton and Hove Council ex parte Nacion (2) CA 1-Feb-1999
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment.
Held: The section gave . .
Cited – Lawer, Regina (on the Application of) v Restormel Borough Council Admn 12-Oct-2007
The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 26 May 2022; Ref: scu.137447

Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe): Admn 28 Apr 1997

A charge placed upon a house by the respondent local authority to secure payment for residential care for the owner was valid. The authority had a broad discretion which it had validly exercised.

Citations:

Times 07-May-1997, [1997] EWHC Admin 422

Links:

Bailii

Statutes:

National Assistance Act 1948, National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977)

Benefits, Local Government, Local Government

Updated: 26 May 2022; Ref: scu.137367

Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon: Admn 18 Apr 1997

Judges:

Sedley J

Citations:

[1997] EWHC Admin 393, [1998] Env LR 111

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Disputed – Regina v Canterbury Council ex parte Springimage Limited 1993
The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The applicant had an option to purchase land nearby.
David Keene QC said: ‘It seems to me to be clear that . .

Cited by:

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

Judicial Review, Local Government, Planning

Updated: 25 May 2022; Ref: scu.137338

Regina v East Sussex County Council ex parte Beth Tandy: Admn 23 Apr 1997

Citations:

[1997] EWHC Admin 401

Links:

Bailii

Citing:

Appealed to – Regina v East Sussex County Council ex parte Tandy CA 31-Jul-1997
A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm. . .

Cited by:

Appeal from – Regina v East Sussex County Council ex parte Tandy CA 31-Jul-1997
A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm. . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 25 May 2022; Ref: scu.137346

Regina v Braintree District Council ex parte Halls: Admn 2 Jul 1999

Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant within the deed entitling the council to make a charge, but simply that the covenant restricting the use of the plot to one private dwelling-house was entirely valid.

Judges:

Jackson J

Citations:

Times 21-Jul-1999, [1999] EWHC Admin 626

Links:

Bailii

Statutes:

Housing Act 1985 Part V Sch 6 Par 6

Jurisdiction:

England and Wales

Citing:

Appealed to – Regina v Braintree District Council, ex parte Malcolm William Halls CA 1-Mar-2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as . .
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 – Congreve v Secretary of State for the Home Office CA 1976
The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the . .
Cited – Bromley London Borough Council v Greater London Council HL 17-Dec-1981
Councillors’ Duties replace Election Promises
Bromley complained of a supplementary precept issued by the respondent to implement a commitment, contained in an election manifesto for the election in May 1979, upon which the majority on the GLC had been elected.
Held: In making choices of . .
Cited – Norglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac HL 1-Dec-1997
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat . .
Cited – Barclays Bank Plc v Hendricks and Another ChD 3-Nov-1995
The wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .

Cited by:

Appeal from – Regina v Braintree District Council, ex parte Malcolm William Halls CA 1-Mar-2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as . .
Cited – Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another CA 27-May-2011
The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 25 May 2022; Ref: scu.85140

Regina v Kent County Council ex parte Corby: Admn 14 Feb 1997

Citations:

[1997] EWHC Admin 144, [1998] ELR 109

Links:

Bailii

Cited by:

Cited – Regina v Vale of Glamorgan County Council ex parte J CA 27-Apr-2001
The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 25 May 2022; Ref: scu.137089

Bernard Charles Admanson v Waveney District Council: Admn 24 Jan 1997

The court considered the procedure for a licensing Local Authority and the justices to admit into its consideration any spent convictions of the licence applicant when considering his fitness to hold a Hackney Carriage Licence.

Citations:

Times 24-Feb-1997, [1997] EWHC Admin 62

Links:

Bailii

Statutes:

Rehabilitation of Offenders Act 1974, Local Government (Miscellaneous Provisions) Act 1976

Licensing, Road Traffic, Local Government

Updated: 25 May 2022; Ref: scu.137007

Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997

Section 17(1) imposes an obligation in respect of the needs of an individual child.

Judges:

Kay J

Citations:

(1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294

Links:

Bailii

Statutes:

Children Act 1989 17(1)

Cited by:

Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte Makila Ebuki and Brandon Ebuki (By His Mother and Litigation Friend Makila Ebuki) Admn 5-Dec-2000
The applicants sought judicial review of the Council’s decision to evict her and her children from emergency accommodation for the homeless without further provision, saying the council failed its duty to her child under section 17.
Held: The . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Housing, Children, Local Government

Updated: 25 May 2022; Ref: scu.136949

Regina v Bromsgrove District Council ex parte Barratt West Midlands Limited: Admn 17 Dec 1996

The applicant sought to challenge by judicial review the decision of the respondent to grant to itself planning permission for the residential development of land. The land was designated fo removal from the green belt under a Draft Local Plan. The claimant owned a neighbouring site which it said had not been included in the consideration, and which would allow the authority to achieve the target set for new homes by central government. The authority said the objection as not as to the proposed development, but in reality as to the failure to grant permission to the claimant’s for their land.
Held: Although the applicant’s plan had not been presented to the Committee fairly, ‘on the facts, the deficiencies that I have identified could have had no effect on the decision of the Committee, for the reasons that I have given. In these circumstances I do not consider that they are deficiencies which could justify me quashing the decision.’

Judges:

Latham J

Citations:

[1996] EWHC Admin 375

Links:

Bailii

Citing:

Cited – Stirk and others v Bridgnorth District Council CA 11-Oct-1996
Where a Council was both proposer and judge in respect of a planning application, the obligation to deal thoroughly, consistently and fairly with any objection was enhanced. . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 25 May 2022; Ref: scu.136923

Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001

The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in hospital of a patient because of the absence of such proper provision was not an infringement of his human rights. Section117 does not impose on health authorities an absolute obligation to implement the conditions for a patient’s discharge from hospital required by a tribunal; the authorities’ duty is, in general, to use reasonable endeavours to secure compliance with those conditions.
Lord Phillips of Worth Matravers MR: ‘Putting on one side the question of compliance with article 5 of the Convention, I can see no justification for interpreting section 117 so as to impose on health authorities an absolute obligation to satisfy any conditions that a tribunal may specify as prerequisites to the discharge of a patient. The section does not expressly impose any such requirement, nor is it reasonable to imply such a requirement. The applicant’s suggested interpretation would place upon health authorities a duty which, on occasion, would be impossible to perform. The applicant’s skeleton argument suggested that there was more that the health authority could have done to persuade a forensic psychiatrist to provide the aftercare required by the tribunal. The decision of the judge was to the contrary, and there is no basis upon which that decision can be challenged. An interpretation of section 117 which imposed on health authorities absolute duties which they would not necessarily be able to perform would be manifestly unreasonable.’

Judges:

Master of the Rolls (Lord Phillips) Lord Justice Buxton And Lord Justice Sedley

Citations:

Gazette 20-Apr-2001, Times 15-Mar-2001, [2001] EWCA Civ 240, [2002] QB 198

Links:

Bailii

Statutes:

European Convention on Human Rights Art 5, Mental Health Act 1983 37 41 117(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Camden and Islington Health Authority, Ex Parte K Admn 9-Jun-2000
. .
Cited – Johnson v The United Kingdom ECHR 24-Oct-1997
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal . .
Cited – Regina v Ealing District Health Authority, ex parte Fox 1993
A patient’s conditional discharge had been ordered by a tribunal. One of the conditions imposed by the tribunal was the appointment by the health authority of a responsible medical officer to provide psychiatric supervision of the patient in the . .
Cited – Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority ex parte Hall Admn 23-Apr-1999
The tribunal had ordered the conditional discharge of the patient, subject to conditions to be satisfied by the local health authority. The authority had failed to make the arrangements which would have satisfied the relevant conditions, and as a . .

Cited by:

Appealed to – Regina v Camden and Islington Health Authority, Ex Parte K Admn 9-Jun-2000
. .
Cited – Regina v Secretary of State for the Home Department and Another ex parte IH HL 13-Nov-2003
The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a . .
Cited – Regina (W) v Doncaster Metropolitan Borough Council Admn 13-Feb-2003
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release.
Held: False imprisonment is established on proof of imprisonment without lawful authority. An . .
Cited – M, Regina (on the Application of) v Gateshead Council CA 14-Mar-2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights, Local Government

Updated: 23 May 2022; Ref: scu.135560

Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013

Judgment on the claimant’s application for permission to apply for judicial review as to whether the defendant local authority is duty bound by virtue of the terms of section 117 of the Mental Health Act 1983, to provide the claimant, in his particular circumstances, with accommodation free-of-charge.

Judges:

Mostyn J

Citations:

[2013] EWHC 1637 (Admin)

Links:

Bailii

Statutes:

Mental Health Act 1983 117

Jurisdiction:

England and Wales

Health, Local Government

Updated: 23 May 2022; Ref: scu.510803

Greenwich Community Law Centre, Regina (on The Application of) v Greenwich London Borough Council: Admn 21 Dec 2011

Citations:

[2011] EWHC 3463 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Greenwich Community Law Centre, Regina (on The Application of) v Greenwich London Borough Council CA 24-Apr-2012
The Centre appealed from rejection of its claim for judicial review of the defendant’s decision to discontinue financial support for the Centre. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 22 May 2022; Ref: scu.459731

Wren and Others v Eastbourne Borough Council and Another: EAT 18 Aug 1993

The transfer of a department of the council providing utility services to the council to a private company, may be subject to ‘transfer of undertaking’ rules. 27/05/1993

Citations:

Times 18-Aug-1993, [1993] UKEAT 386 – 92 – 2705

Links:

Bailii

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)

Local Government, Employment

Updated: 20 May 2022; Ref: scu.90619

Unison v Westminster City Council: CA 21 Mar 2001

The union served a notice of a pre-strike ballot on the council regarding a proposed privatisation and contracting out of services. The council alleged that this was not a trade dispute but one regarding public policy. The judge’s support for this was not justified by the evidence before him, and his decision was so defective as to allow the Court of Appeal itself to re-assess the evidence. The dispute clearly related to the terms and conditions of employment, since the proposals would have significant implications for staff. The notice identified those to be balloted by reference to the employer making deductions from their pay for their union membership.
Buxton LJ said of a suggestion by the employer that the Act required the union to provide details of the categories within which the employees fell: ‘ It is wholly artificial in those circumstances to say that the union should have given details of job descriptions and status of employees of the sort to which my Lord referred. It is much more reliable from an employer’s point of view if, having been given the names, he himself, with his superior knowledge of the way in which his operation works, decides into what categories and into what sections those persons fall. When that point was put to Mr Bear in argument he was constrained to agree that that was indeed as a matter of common sense, but that approach, he said, was prevented by the wording of the statute. We should look with great caution at such an argument about a statute such as this, which is a statute directed to industrial relations, designed to enable workers and employers to conduct their affairs in a sensible and efficient way. . But if I am wrong about that, the fact that the notice in this case provided, by a reference easily available to the employer, an actual nominal roll more than amply fulfilled any obligation placed upon the union by this statute. I would not want to be thought to be laying down any rule that goes outside the facts of this case, save to say that the obligations of the union must be assessed in the circumstances of the particular strike and in a commonsense way in the light of the policy of the legislation. In this case that objective was achieved and I would therefore allow the appeal on that ground also.’

Judges:

Pill LJ, Buxton LJ

Citations:

Times 03-Apr-2001, Gazette 17-May-2001, [2001] EWCA Civ 443, [2001] IRLR 524

Links:

Bailii

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 219 244

Jurisdiction:

England and Wales

Cited by:

Cited – Metrobus Ltd v Unite the Union CA 31-Jul-2009
The union sought leave to appeal against an interim injunction restraining it from calling a strike. It now called in aid also its members’ Article 11 Human Rights. The company had questioned whether the ballot met the requirements of the 1992 Act. . .
Lists of cited by and citing cases may be incomplete.

Employment, Local Government

Updated: 20 May 2022; Ref: scu.90064

S v Newham London Borough Council: CA 24 Feb 1998

A Local Authority which was relaying the facts underlying a list of people it felt were unsuitable to work with children to the minister has no immunity from a defamation action.

Judges:

Lord Woolf MR

Citations:

Times 05-Mar-1998, Gazette 18-Mar-1998, [1998] 1 FLR 1061, [1998] EWCA Civ 339, [1998] EMLR 583

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – W v Westminster City Council and Others QBD 9-Dec-2004
The claimant sought to bring an action for defamation based upon communications made in a child protection conference. The reference was in a Report for Conference to be held pursuant to the duties imposed on local authorities by the Children Act . .
Cited – Seray-Wurie v The Charity Commission of England and Wales QBD 23-Apr-2008
The defendant sought an order to strike out the claimant’s allegations of defamation and other torts. The defendants claimed qualified privilege in that the statements complained of were contained in a report prepared by it in fulfilment of its . .
Cited – Seray-Wurie v The Charity Commission of England and Wales CA 3-Feb-2009
The claimant appealed against the striking out of his claim for defamation in a reort prepared by the defendants criticising his actions as chairman of a CAB. The action had been struck out on the basis of qualified privilege, and the claimant’s . .
Lists of cited by and citing cases may be incomplete.

Defamation, Local Government, Children

Updated: 20 May 2022; Ref: scu.88948

Westminster Bank Limited v The Minister for Housing and Local Government, Beverley Borough Council: HL 1971

The Bank’s application for planning permission was refused on the grounds that the development might prejudice the possible future widening of a road. The local authority could have prescribed a building line in accordance with a provision of the Highways Act, 1959, but in that event would have had to pay compensation for the injurious effect on the bank’s land. The bank sought to quash the refusal.
Held: Although the local authority might have proceeded under the Act of 1959 they were entitled to refuse planning permission on the ground stated, even though the result would be to deprive the bank of compensation.
Where a council has two alternative statutory methods of achieving the same objective, it is entitled to adopt the one which imposes the least burden on the public purse.
Lord Dilhorne said: ‘It was strenuously argued for the appellants that the county council, having failed to prescribe such a line under the Highways Act, could not lawfully achieve the [same] result . . by refusing planning permission for all development within [the relevant area]. The validity of this argument depends on whether the county council had been given by Parliament a choice of methods for preventing such development or were bound to exercise their powers under the Highways Acts. The answer to this question, in my opinion, is to be found in section 220 of the Act of 1962’.
The principle that property rights should only be removed without compensation on the use of clear wording in a statute was explained by Lord Reid saying that it flows from the fact that Parliament seldom intends to do that, and that before attributing such an intention we should be sure that it was really intended. However: ‘When we are seeking the intention of Parliament that may appear from express words but it may also appear by irresistible inference from the statute read as a whole. But I would agree that, if there is a reasonable doubt, the subject should be given the benefit of the doubt.’

Judges:

Lord Dilhorne, Lord Reid

Citations:

[1971] AC 508

Statutes:

Town and Country Planning Act 1962 220

Jurisdiction:

England and Wales

Cited by:

Cited – Peacock, Re SC 22-Feb-2012
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to . .
Cited – Cusack v London Borough of Harrow SC 19-Jun-2013
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road . .
Cited – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Cited – The Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 20 May 2022; Ref: scu.453068

Sheffield City Council v V; Legal Services Commission intervening: FD 23 Jun 2006

The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings.

Citations:

Times 25-Aug-2006

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children, Local Government, Legal Aid

Updated: 20 May 2022; Ref: scu.244693

Lloyd v McMahon: CA 1986

Councillors had been surcharged by the district auditor. The Act provided for an appeal to the High Court by anyone ‘aggrieved’ by the decision of an auditor, and further provided that on the hearing of the appeal ‘the court may confirm, vary or quash the decision and give any certificate which the auditor could have given’, which Lawton LJ considered must mean ‘that the court rehears the case.’

Judges:

Woolf, Lawton LJJ

Citations:

[1987] 1 All ER 1118

Statutes:

Local Government Act 1982 161

Jurisdiction:

England and Wales

Cited by:

Appeal from – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Cited – Regina v Universities Funding Council ex parte Institute of Dental Surgery QBD 30-Jul-1993
When considering whether a disciplinary board should have given reasons, the court may find the absence critical ‘where the decision appears aberrant’. ‘the giving of reasons may among other things concentrate the decision-maker’s mind on the right . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 19 May 2022; Ref: scu.194314

West Devon Borough Council v Commissioners of Customs and Excise: ChD 31 Jul 2001

The local authority had reclaimed input tax against invoices it received from builders. They were disallowed because the building constructed was an exempt supply. Although the section allowed the authority to set off VAT against invoices for supplies not made for any business of the taxpayer. The arrangements suggested that they had acted on terms applicable to traders generally rather than any special situation applicable to local authorities, which was the purpose of the section as it derived from the Directive.

Judges:

Patten J

Citations:

Gazette 04-Oct-2001

Statutes:

Value Added Tax Act 1994 33

Jurisdiction:

England and Wales

VAT, Construction, Local Government

Updated: 19 May 2022; Ref: scu.166231

Regina v Broadlands District Council, Ex Parte Lashley: CA 7 Feb 2001

A standards committee of a local authority investigated a councillor’s conduct on a complaint by a staff member. They found her behaviour to be below the standard to be expected but resolved to impose no sanction.
Held: The committee was in error in thinking that it had any power or place to consider disciplining a member of the authority. Its function was administrative not disciplinary, and the resolution was itself inappropriate.

Citations:

Times 20-Mar-2001, [2001] EWCA Civ 179

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Broad District Council ex parte Barbara June Lashley Admn 16-Jun-2000
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 19 May 2022; Ref: scu.88391

Regina v Flintshire County Council, Ex Parte Armstrong-Braun: CA 20 Feb 2001

A local council introduced a standing order to the effect that an item could not be placed on an agenda without being seconded. In doing so it had failed entirely to consider the fundamental effect this would have on democracy. Independent members and others seeking to be critical could find themselves unable to put unpopular matters before the council. Councillors represent particular areas and that one of the ways in which they are intended to exercise their function is by raising matters in council. The standing order prevented them from doing that. Such a rule might be introduced with sufficient safeguards and after appropriate qualification, but that did not apply here and the rule was set aside.

Judges:

Sedley, Schiemann LJJ, Blackburne J

Citations:

Times 08-Mar-2001, [2001] BLGR 344, [2001] LGR 344, [2001] EWCA Civ 345, (2001) 3 LGLR 34

Links:

Bailii

Statutes:

Local Government Act 1972

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Flintshire County Council ex parte Armstrong-Braun Admn 27-Jul-1999
. .
See Also – Director of Public Prosecutions v Armstrong-Braun Admn 5-Oct-1998
A building site was subject to a requirement to move great crested newts before work could proceed. The defendant, a local councillor interfered to prevent a digger destroying the land until the newts had been moved. He appealed his conviction for . .

Cited by:

Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Constitutional, Judicial Review

Updated: 19 May 2022; Ref: scu.88455

Regina v Somerset County Council Ex Parte Fewings and Others: CA 22 Mar 1995

The local authority had accepted the argument that stag hunting was cruel and had banned it from the land it owned in the Quantocks. The ban was challenged.
Held: The ban was unlawful. The decision had been reached on moral, and not on administrative grounds. The purposes it sought to implement were not within the purposes for which the land was held, and so was invalid. As to section 120: ‘At first sight this section has little to do with the present case, since we are not dealing with the acquisition of land but with the management or use of land which the County Council acquired over 70 years ago. But the County Council is a principal council within the statutory definition; we have been referred to no statutory provision or rule of law more closely in point; any other provision, unless more specific, would be bound to require powers to be exercised for the public good; and it seems perhaps reasonable to accept that the purposes for which land may be required are or may often be those to which the land should be applied after acquisition.’ Section 120(1)(b) was the statutory authority for the power of a council to manage its land and accordingly set out the criteria by which the land was to be managed. Sir Thomas Bingham MR emphasised that it was critical to distinguish between the legal position of the private landowner and that of a landowning local authority:- ‘To the famous question asked by the owner of the vineyard (‘Is it not lawful for me to do what I will with mine own? St Matthew, chapter 20 verse 15) the modern answer would be clear: ‘Yes, subject to such regulatory and other constraints as the law imposes’ but if the same question were posed by a local authority the answer would be different. It would be: ‘No, it is not lawful for you to do anything save what the law expressly or impliedly authorises. You enjoy no unfettered discretions. There are legal limits to every power you have.’
and ‘The point is often made that unelected, unrepresentative judges have no business to be deciding questions of potentially far reaching social concern which are more properly the preserve of elected representatives at a national or local level….The court has no role whatever as an arbiter between those who condemn hunting as barbaric and cruel and those who support it as a traditional country sport…..This is of course a question on which most people hold views one way or the other. But our personal views are wholly irrelevant to the drier and more technical question which the court is obliged to answer. That is whether the County Council acted lawfully in making the decision it did on the grounds it did.’
Swinton Thomas LJ:- ‘Whereas the provisions of Section 120(1)(b) of the Act of 1972 are entirely apt to a decision to acquire land, they are, in my judgment singularly inapt to decisions taken in relation to management of land, and this causes difficulty in resolving the question that arises on this appeal.’

Judges:

Sir Thomas Bingham MR, Simon Brown LJ

Citations:

Gazette 26-Apr-1995, Times 23-Mar-1995, Independent 22-Mar-1995, [1995] 1 WLR 1037, [1995] EWCA Civ 24, (1995) 7 Admin LR 761, [1995] 3 All ER 20

Links:

Bailii

Statutes:

Local Government Act 1972 120(1)(b), Open Spaces Act 1906 10, Countryside Act 1968 11

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Somerset County Council ex parte Fewings and Others QBD 10-Feb-1994
A Local Authority could include ethical considerations in making a decision to ban hunting over land which it owned if the power which it sought to use was in the Act. . .

Cited by:

Cited – Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia) ChD 31-Jul-2002
Land was conveyed to the Council’s predecessor on condition that it be left available for use for sports and similar recreations, and left as an open space. It was now sought to develop the land as a home for a football club. The Council sought . .
Cited – Regina on the Application of Dart Harbour and Navigation Authority v the Secretary of State for Transport Local Government and the Regions QBD 26-Jun-2003
Captain Wyatt owned land near the harbour and wanted to moor his boat by it. The Harbour authority said he needed a licence. The Harbour authority requested him to move the boat as a danger to navigation. The Captain sought a judicial review of the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land, Animals

Updated: 19 May 2022; Ref: scu.88074

Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd: HL 14 Nov 1991

A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and ultra vires. A power to charge did not arise by necessary implication. The words ‘necessary implication’ imposed a test more rigorous than that which would be satisfied by what is reasonable, conducive, or incidental.

Judges:

Lord Lowry

Citations:

Gazette 22-Jan-1992, [1992] 2 AC 48, [1989] UKHL 4, [1991] 3 WLR 941

Links:

Bailii

Statutes:

Local Government Act 1972 111(1)

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Wilts United Dairies Ltd CA 1921
The Food Controller had been given power under the Defence of the Realm Acts to regulate milk sales. In granting the dairy a licence to buy milk in Cornwall, Devon, Dorset and Somerset, the Food Controller required the Dairy to pay 2d. per imperial . .
Appeal from – The London Borough of Barnet v Secretary of State for the Home Department, McCarthy and Stone (Developments) Ltd Admn 23-Aug-2001
The applicant sought to quash a decision letter. It had wanted to create a development, but the local authority considered it had not met the requirement to include affordable housing. It was agreed that a need existed for affordable housing, and . .

Cited by:

Cited – SPH (Scotland) Ltd v Edinburgh City Council OHCS 25-Jun-2003
The respondent council was regularly asked to provide information by way of search information, and sought to charge a fee for the purpose.
Held: The provision of the information was discretionary and not in pursuance of any explicit power. . .
Cited – Roberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .
Cited – Dixon and Another, Regina (on the application of ) v Secretary of State for the Environment, Food and Rural Affairs QBD 10-Apr-2002
The applicants were farmers. Their cattle were destroyed after contracting foot and mouth disease. Their land was used for the burning of the carcasses of their animals, and of animals from neighbouring farms. They were compensated inter alia for . .
Cited – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Cited – National Secular Society and Another, Regina (on The Application of) v Bideford Town Council Admn 10-Feb-2012
The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: . .
Cited – Dillner, Regina (on The Application of) v Sheffield City Council Admn 27-Apr-2016
The claimant challenged the policy of the respondent council to replace many established trees along streets in the City.
Held: Permission to apply for review was refused: ‘Some concern has been expressed by objectors to the scheme that, in . .
Lists of cited by and citing cases may be incomplete.

Local Government, Litigation Practice

Updated: 19 May 2022; Ref: scu.87631

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 arrangements where a local authority is satisfied this is ‘necessary’ in order to meet the ‘needs’ of disabled persons.
Held: (by a majority) On the proper interpretation of the section the local authority is entitled to have regard to its resources when performing this duty. The local authority had merged the two stages into one by providing services in accordance with elaborate ‘eligibility criteria’. What was in issue was whether the authority could lawfully raise the eligibility criteria because of shortage of money. ‘Need’ within the meaning of section 2(1) of 1970 Act is a relative concept and that ‘needs for services cannot sensibly be assessed without having some regard to the cost of providing them. A person’s need for a particular type or level of service cannot be decided in a vacuum from which all considerations of cost have been expelled.’

Judges:

Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Clyde

Citations:

Gazette 09-Apr-1997, Times 21-Mar-1997, [1997] AC 584, [1997] UKHL 58, [1997] 2 WLR 459, [1997] 2 All ER 1, (1997) 9 Admin LR 209, (1997-98) 1 CCL Rep 40, (1997) 36 BMLR 92

Links:

Bailii, Bailii

Statutes:

Chronically Sick and Disabled Persons Act 1970 2(1)

Citing:

Appeal from – 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. . .

Cited by:

Cited – T (a Minor), In Re 1997 HL 20-May-1998
The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents . .
Appeal to – 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. . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea Admn 11-Mar-2010
The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. . .
Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Cited – KM, Regina (on The Application of) v Cambridgeshire County Council SC 31-May-2012
The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had . .
Cited – Robson and Another, Regina (on The Application of) v Salford City Council CA 20-Jan-2015
The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed . .
Lists of cited by and citing cases may be incomplete.

Health, Benefits, Local Government

Updated: 19 May 2022; Ref: scu.86701

Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc: CA 17 Feb 1997

The court recognised the potential role of local authorities under section 21(1)(a) in meeting the needs of those seeking asylum and otherwise, but having benefits withheld pending determination of their claims. Asylum seekers who had been excluded from the benefits system are to be supported by the local authority.

Judges:

Lord Woolf MR, Waite, Henry LJJ

Citations:

Times 19-Feb-1997, [1997] EWCA Civ 3095, (1997) 9 Admin LR 504, (1997-98) 1 CCL Rep 85, (1998) 30 HLR 10

Links:

Bailii

Statutes:

National Assistance Act 1948 21(1)

Jurisdiction:

England and Wales

Cited by:

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

Benefits, Local Government, Immigration

Updated: 19 May 2022; Ref: scu.86802

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow a refusal by local authorities to house destitute asylum seekers. Local Authority has residual duty to support destitute asylum applicants who had been refused benefits.

Citations:

Gazette 13-Nov-1996, Times 10-Oct-1996, [1996] EWHC Admin 90, (1997) 1 CCLR 85, (1997) 30 HLR 10

Links:

Bailii

Statutes:

National Assistance Act 1948 21 22

Citing:

Appealed to – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – Regina v Greater Manchester Council ex parte Worch 1988
The court considered to what extent it could look to the form of an Act before it was amended in order to assist it in construing the Act as amended: ‘The original section 21(a) of the [Coroners (Amendment) Act] 1926 is no longer law, since it has . .

Cited by:

Cited – Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest CA 23-Oct-2003
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation?
Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was . .
Appeal from – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – Victor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing, Local Government

Updated: 19 May 2022; Ref: scu.86806

Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001

When considering the need for measures to protect a child, the local authority did not first require evidence to a standard which would satisfy a court even on the civil standard of the balance of probabilities. At the later stage where decisions might be taken by a court was the time when standards of evidence came to be applied. When deciding to begin an investigation, the words of the statute were enough. They had only to have reasonable cause to suspect that a child might suffer harm.

Citations:

Times 27-Jun-2001, [2001] EWHC Admin 334

Links:

Bailii

Statutes:

Children Act 1989 47

Children, Local Government

Updated: 19 May 2022; Ref: scu.86003

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 objected, and an inquiry was held. The inspector refused the sale.
Held: The applicant successfully appealed. Having examined in detail the operation of the two inconsistent statutes the majority of the Court of Appeal held that there had been an implied repeal. On the basis that the requirements of the Right to Buy scheme were inconsistent with an impliedly repealed the earlier Act. The later provisions were so inconsistent with an repugnant to the earlier Act that the two could not stand together.
Buxton LJ, dissenting said: ‘The court will not lightly find a case of implied repeal, and the test for it is a high one.’
Laws LJ with whom Thorpe LJ agreed said that the contradiction between the two pieces of legislation must be ‘inescapable’ and that the construction of the later statute must be shown to be the only rational interpretation that is available.

Judges:

Thorpe, Buxton, Laws LJJ

Citations:

Times 17-Apr-2001, Gazette 20-Apr-2001, [2001] EWCA Civ 499, [2001] NPC 71, [2002] HLR 30, [2001] 16 EGCS 144

Links:

Bailii

Statutes:

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

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .
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 . .

Cited by:

Appeal from – 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 . .
Cited – Snelling and Another v Burstow Parish Council ChD 24-Jan-2013
The parties disputed the application and interpretation of ancient statues relating to allotments. The land had been appropriated to allotments under the 1945 Act. The Council had argued that it had a power of sale under the 1908 Act subject to . .
Lists of cited by and citing cases may be incomplete.

Housing, Planning, Local Government, Housing, Local Government

Updated: 19 May 2022; Ref: scu.85990

Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc: Admn 15 Oct 1999

Citations:

[1999] EWHC Admin 749, [2000] LGR 318

Links:

Bailii

Cited by:

Appeal From – Regina v Manchester City Council, ex parte Stennett etc HL 25-Jul-2002
The applicants were former mental patients who had been admitted to hospital compulsorily under section 3. On their release they were to be given support under section 117. The authorities sought to charge for these services, and appealed a decision . .
Appeal from – Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc CA 28-Sep-2000
Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under . .
Mentioned – Stojak, Regina (on The Application of) v Sheffield City Council Admn 22-Dec-2009
The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 19 May 2022; Ref: scu.85457

Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000

Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made that clear. The care was given by virtue of the councils’ obligations under the 1983 Act, not the National Assistance Act.

Citations:

Times 15-Oct-1999, Times 17-Aug-2000, Gazette 28-Sep-2000, [2000] EWCA Civ 239

Links:

Bailii

Statutes:

National Assistance Act 1948 21, Mental Health Act 1983 3 117

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc Admn 15-Oct-1999
. .
Lists of cited by and citing cases may be incomplete.

Health, Local Government, Benefits

Updated: 19 May 2022; Ref: scu.85459

Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000

The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority.
Held: The refusals were unlawful. Where circumstances of need arose over and above needs arising from lack of accommodation and funds, then he qualified for assistance irrespective of his immigration status. That status was a matter to be assessed by the Secretary of State, and not by local authorities. The use of the word ‘solely’ in the new section 21(1A) left the local authority with a responsibility for those whose need for care and attention was attributable to a combination of factors, and not simply to destitution and its effects. If the applicant’s need for more care and attention was ‘to any extent made more acute by some circumstance other than the mere lack of accommodation and funds’ e.g. because she is old, ill or disabled, then she is not excluded by section 21(1A).

Judges:

Simon Brown LJ, Hale LJ

Citations:

Gazette 07-Sep-2000, [2000] 1 WLR 2539, [2000] EWCA Civ 201, Times 18-Jul-2000

Links:

Bailii

Statutes:

National Assistance Act 1948 21(1A)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same Admn 18-Apr-2002
The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act.
Held: The 1948 Act . .
Cited – Regina (on the Application of Mani) v London Borough of Lambeth CA 9-Jul-2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was . .
Cited – Regina (T) v the Secretary of State for the Home Department; similar CA 23-Sep-2003
The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading?
Held: No simple . .
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 – M v London Borough of Islington and Another CA 2-Apr-2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had . .
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 . .
Lists of cited by and citing cases may be incomplete.

Local Government, Immigration, Benefits

Updated: 19 May 2022; Ref: scu.85603

Preston Borough Council v McGrath: ChD 18 Feb 1999

The defendant had been interviewed by the police investigating allegations of corruption. The Council in its civil claim, exhibited documents received from the police, and obtained in that investigation. The receipt of documents by a defendant under an implied undertaking not to use them for another purpose, implied no similar cross undertaking on behalf of the prosecution. The purpose of the undertaking is not served by such an implication.

Judges:

Burton J

Citations:

Times 18-Feb-1999, Gazette 24-Feb-1999

Jurisdiction:

England and Wales

Cited by:

Appeal from – Preston Borough Council v McGrath CA 12-May-2000
The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him.
Held: The document had not been given to the police under . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Local Government, Police

Updated: 19 May 2022; Ref: scu.85029

Larner v Solihull Metropolitan Borough Council: CA 20 Dec 2000

The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not otherwise have done. The duty was a target duty, rather than an absolute one. The absence of advance warnings of a Give Way duty at a junction was within that discretion. It might be that a common law duty could arise to promote road safety, but only in truly exceptional circumstances. ‘so far as section 39 of the 1988 Act is concerned, we would accept that there can be circumstances of an exceptional nature where a common law liability can arise. For that to happen, it would have to be shown that the default of the authority falls outside the ambit of discretion given to the authority by the section. This would happen if an authority acted wholly unreasonably.’

Judges:

Woolf LJ

Citations:

Times 06-Feb-2001, Gazette 22-Feb-2001, (2001) RTR 469, [2000] EWCA Civ 359

Links:

Bailii

Statutes:

Road Traffic Act 1988 39

Jurisdiction:

England and Wales

Citing:

Cited – Stovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .

Cited by:

Cited – Gorringe v Calderdale Metropolitan Borough Council CA 2-May-2002
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority’s negligence in failing to mark the road properly. A ‘Slow’ sign had become faded and had not been maintained.
Held: The judge had . .
Cited – Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited QBD 30-Oct-2003
A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty.
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Local Government

Updated: 19 May 2022; Ref: scu.82953

Invercargill City Council v Hamlin: PC 12 Feb 1996

(New Zealand) Seventeen years earlier the plaintiff had asked a builder to construct a house for him, but it now appeared that the foundations had been inadequate. The building company no longer being in existence, he sought damages from the local authority which had supervised the construction.
Held: A Local Authority was liable for economic losses for a negligent inspection of a house during construction. Murphy had not been followed in New Zealand and the Privy Council accepted that this was justified. The Pirelli date of physical damage had also been discarded in favour of the date of discoverability. The decision in Pirelli was unfortunate: Once it is appreciated that the loss in respect of which the plaintiff in the present case is suing is loss to his pocket, and not for physical damage to the house or foundations, then most, if not all the difficulties surrounding the limitation question fall away. The plaintiff’s loss occurs when the market value of the house is depreciated by reason of the defective foundations, and not before. If he resells the house at full value before the defect is discovered he suffers no loss. Thus in the common case the occurrence of the loss and the discovery of the loss will coincide . . But the plaintiff cannot postpone the start of the limitation period by shutting his eyes to the obvious . . . In other words the cause of action accrues when the cracks become so bad and all the defects so obvious, that any reasonable home-owner would call in an expert. Since the defects would then be obvious to a potential buyer or his expert, that marks the moment when the market value of the building is depreciated and therefore the moment when economic loss occurs. Their Lordships do not think it is possible to define the moment more accurately. The measure of the loss will then be the cost of repairs if it is reasonable to repair, or the depreciation in the market value if it is not . . . This approach avoids almost all the practical and theoretical difficulties to which the academic commentators have drawn attention and which led to the rejection of Pirelli by the Supreme Court of Canada . . . The approach is consistent with the underlying principle that a cause of action accrues when, but not before, all the elements necessary to support the plaintiff’s claim are in existence. For in the case of a latent defect in a building the element of loss or damage which is necessary to support a claim for economic loss in tort does not exist so long as the market value of the house is unaffected. Whether or not it is right to describe an undiscoverable crack as damage, it clearly cannot affect the value of the building on the market. The existence of such a crack is thus irrelevant to the cause of action . . . Whether Pirelli should still be regarded as good law in England is not for their Lordships to say. What is clear is that it is not good law in New Zealand.

Judges:

Lord Browne-Wilkinson, Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Mustill, Lord Lloyd of Berwick, Sir Michael Hardie Boys

Citations:

Times 15-Feb-1996, 50 Con LR 105, [1996] AC 624, [1996] UKPC 56, 78 BLR 78, [1996] 1 NZLR 513, [1996] 1 All ER 756

Links:

Bailii

Citing:

Cited – Murphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
Cited – Pirelli General Cable Works v Oscar Faber and Partners HL 2-Jan-1983
The plaintiff asked the defendant consulting engineer to design an extension to their factory in 1969. Not later than in April 1970, cracks developed in the chimney. In 1977 the cause of the damage was discovered. It arose from design faults in the . .

Cited by:

Cited – Abbott and Another v Will Gannon and Smith Ltd CA 2-Mar-2005
The claimant had employed the defendants to design refurbishment works for their hotel. The work was said to be negligent, and the claimant sought damages. The defendant argued as a preliminary point that the claim was time barred. The question was . .
Cited – W v W; J v Raewyn Bell PC 19-Jan-1999
PC (New Zealand) The claimants sught to recover exemplary damages from defendants convicted of criminal offences against them.
Held: There were differences in the system between New Zealand and the English . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Construction, Local Government, Negligence

Updated: 19 May 2022; Ref: scu.82411

J A Pye (Oxford) Ltd v South Gloucestershire District Council and Others: CA 29 Mar 2001

Where there was an agreement between an applicant and the planning authority under section 106 of the new Act, with respect the undertaking of work in return for the grant of planning permission, there was no requirement for there to be a direct link between the development and the works. If the agreement was entered into in order to restrict or regulate the development or use of land then it was vires.

Citations:

Times 02-Apr-2001, Gazette 17-May-2001, [2001] EWCA Civ 450

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 106

Jurisdiction:

England and Wales

Citing:

Appealed to – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – Newbury District Council v Secretary of State for the Environment HL 1980
Issues arose as to a new planning permission for two existing hangars.
Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 19 May 2022; Ref: scu.82442

E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999

The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused.

Citations:

Times 25-Nov-1999

Statutes:

Guardians ad Litem Reporting Officers (Panels) Regulations 1991 (1991 No 205) 9, Children Act 1989 41(9), Family Proceedings Rules 1991 (1991 No 1247) 4.23

Legal Aid, Children, Local Government

Updated: 19 May 2022; Ref: scu.80202

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 material date was the date of the review. Where an applicant had been residing in interim accommodation pending the review, that occupation itself could become a sufficient local connection at the time when the review was complete. The authority’s error was fundamental and had prevented them asking the correct question. The appeal was allowed.

Judges:

Henry LJ, Potter LJ

Citations:

Times 11-Feb-2000, [2001] QB 97, [2000] EWCA Civ 7, [2000] 2 All ER 597, [2000] NPC 5, (2000) 32 HLR 481, [2000] 3 WLR 481

Links:

Bailii

Statutes:

Housing Act 1996 188 202

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Ealing London Borough Council Ex Parte Nicola Surdonja Admn 20-Oct-1998
The homeless applicant family were housed in two hostels approximately a mile apart.
Held: A housing authority’s duty to provide interim accommodation pending homelessness decision extended to the provision of suitable accommodation. There was . .
Cited – Regina v Southwark London Borough Council ex parte Hughes 1983
Turner J said: ‘Housing is about the most basic social requirement of an individual. It is not conceptual, it is factual. The Housing Act is intended to be of social effect. It may be thought therefore that there are compelling reasons why the . .
Cited – 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 . .
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic CA 2-Jan-1996
A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which . .
Cited – Regina v Newham London Borough Council Ex Parte Smith QBD 11-Apr-1996
The local connection test for rehousing may be applied as at the date of the application for housing: ‘In my judgment a local authority may properly ask itself whether the applicant had a local connection . . at the date of the application under . .

Cited by:

Cited – Al-Ameri, Osmani v Royal Borough of Kensington and Chelsea/London Borough of Harrow CA 28-Feb-2003
The applicants sought to assert a local connection, having been housed in the respondent’s areas as destitute asylum seekers.
Held: The accomodation was not one of the applicant’s choice, and therefore could not be relied upon to establish a . .
Cited – Cramp v Hastings Borough Council CA 29-Jul-2005
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. . .
Cited – Sharif v The London Borough of Camden SC 20-Feb-2013
The council appealed against a decision that having found Ms Sharif to be homeless, they had a duty also to house her sick father and sister as family members in one accomodation unit.
Held: The Council’s appeal succeeded (Lord Kerr . .
Appeal from – 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: 19 May 2022; Ref: scu.80210

Dittah and Another v Phillipps: QBD 1 Mar 1993

Limits on operation of taxis. A taxi license authorised a taxi to operate within the district to which it related and not beyond. To operate within another district would require a license from that district.

Citations:

Ind Summary 01-Mar-1993

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 46(1)(d)

Road Traffic, Local Government, Licensing

Updated: 19 May 2022; Ref: scu.80067

Director of Public Prosecutions v John: QBD 17 Feb 1999

Land could be appropriated for Military Land even if it had no such direct use, and accordingly it remained subject to military by-laws properly governing military land. Menwith Hill governed though 70% use was agricultural or used by other state.

Citations:

Gazette 17-Feb-1999

Statutes:

Military Lands Act 1892

Local Government

Updated: 19 May 2022; Ref: scu.80015

Coventry City Council v Finnie and Another: QBD 2 May 1996

No undertaking for damages was to be required of a Local Authority exercising a statutory duty. The grant of an injunction in favour of a local authority performing law enforcement duties did not necessarily carry with it a cross-undertaking on damages of a type that is familiar in private litigation.

Judges:

Scott Baker J

Citations:

Times 02-May-1996, (1997) 29 HLR 658

Statutes:

Local Government Act 1972 222

Cited by:

Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 19 May 2022; Ref: scu.79576

Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another: HL 9 Oct 1996

LT Applicable amount – local authority accommodation leased to voluntary organisations – whether claimants are ‘persons in residential accommodation’ or are living in ‘residential care homes’

Judges:

Lord Keith, Lord Mustill, Lord Slynn of Hadley, Lord Nicholls of Birkenhead and Lord Hope of Craighead

Citations:

Gazette 09-Oct-1996, Times 08-Aug-1996, [1996] UKSSCSC CIS – 298 – 1992, [1996] 1 WLR 1184, CIS/641/1992, CIS/298/1992

Links:

Bailii

Statutes:

National Assistance Act 1948 26

Cited by:

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

Benefits, Local Government

Updated: 19 May 2022; Ref: scu.79032

Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996

A claim for an indemnity was made by two council officers who were also directors of a company set up by the local authority to finance and manage a waterpark for the public. The project failed and the company went into liquidation. The liquidator brought proceedings to recover substantial sums from them under the Insolvency Act 1986. They sought to establish that the local authority was bound to indemnify them in respect of their liability, if any, in the insolvency proceedings, either under a contractual indemnity or, failing that, under section 265 of the 1875 Act.
Held: A Local Authority could not indemnify ultra vires actions of officers despite any contract to do so.
Neuberger J explained section 265. The first part was concerned with excluding liability, the second part was concerned with an indemnity and the third part being the proviso. He then stated: ‘The purpose of the first part of section 265 is to confer immunity from suit from the persons therein mentioned in the circumstances therein mentioned. This would strongly suggest that the ‘expenses’ against which such persons are to be indemnified under the second part of section 265 are not intended to be substantive sums for which they are sued, because the first part of section 265 renders them immune from liability for such sums. This reinforces the view that the reference to ‘expenses’ is to the expenses incurred by the relevant persons in connection with the claim in respect of which they are rendered exempt by the first part of section 265. It appears to me that this is consistent with what was said by Wightman J giving the judgment of the court in Ward v Lee (1857) 7 EandB 426, 430, where he said: ‘The clause at the end of the 128th section is not for the repayment of ‘damages’ recovered against a person acting bona fide in the execution of the Act, but for the repayment of his [expenses]; which may well be construed, consistently with our view of the meaning of the section, to be repayment of the [expenses] he may have been put to in defending an action brought against him personally, and in which he may have been successful on the ground that he was acting bona fide in the execution of the Act, and therefore not liable. [The section there referred to being a provision of similar effect to section 265 of the Public Health Act 1875].’

Judges:

Neuberger J

Citations:

Times 07-Nov-1996, (1996) 95 LGR 520

Statutes:

Insolvency Act 1986, Public Health Act 1875 265

Local Government

Updated: 18 May 2022; Ref: scu.78750

Bradford City Metropolitan District Council v Booth: QBD 10 May 2000

The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean that costs should always and normally follow the event. An authority with a duty to make decisions which suffered a successful challenge to that decision, but where the fault in the decision fell short of being unreasonable, dishonest, or improper, should not normally be ordered to pay the costs. The financial effect on the parties should be assessed, but such challenges are part of the expense of running a business. Section 64 was concerned with both liability for costs and their amount. The only statutory restriction on the power of the magistrates was that they could not make an order for costs against a successful party.
Bingham CJ said: ‘The issue in this appeal by case stated is whether justices erred in the exercise of their discretion by awarding costs against a local authority on a successful complaint against a vehicle licensing decision of the local authority when the local authority had not, in making the decision appealed against, acted unreasonably or in bad faith.’
Later he continued ‘It seems to me that the justices in this case misdirected themselves, first, in relying on a principle that costs should follow the event, that misdirection being compounded by their view that the reference in section 64 to the order being just and reasonable applied to quantum only. On the other hand, in my judgment the submissions made by Mr Blair-Gould on behalf of the local authority go too far the other way since to give effect to the principle for which he contends would deprive the justices of any discretion to view the case in the round which is in my judgment what section 64 intends.
I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised is three propositions:
1. Section 64(1) confers a discretion upon a magistrates’ court to make such order as to costs as it thinks just and reasonable. That provision applies both to the quantum of the costs (if any) to be paid, but also as to the party (if any) which should pay them.
2. What the court will think just and reasonable will depend on all the relevant facts and circumstances of the case before the court. The court may think it just and reasonable that costs should follow the event, but need not think so in all cases covered by the subsection.
3. Where a complainant has successfully challenged before justices an administrative decision made by a police or regulatory authority acting honestly, reasonably, properly and on grounds that reasonably appeared to be sound, in exercise of its public duty, the court should consider, in addition to any other relevant fact or circumstances, both (i) the financial prejudice to the particular complainant in the particular circumstances if an order for costs is not made in his favour; and (ii) the need to encourage public authorities to make and stand by honest, reasonable and apparently sound administrative decisions made in the public interest without fear of exposure to undue financial prejudice if the decision is successfully challenged.’

Judges:

Silber J, Lord Bingham of Cornhill

Citations:

Times 31-May-2000, (2000) COD 338, (2000) 164 JP 485

Statutes:

Magistrates Courts Act 1980 64(1), Local Government (Miscellaneous Provisions) Act 1976 62(1)(b)

Citing:

Cited – Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police QBD 9-Nov-1998
The Chief Constable, on good grounds, objected to the transfer of a justices’ on-licence to a Mrs W. Mrs W appealed and the Chief Constable, having objected to the transfer, became a respondent. On the appeal Mrs W contended that, since the conduct . .
Cited – Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall QBD 28-May-1990
The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party . .
Cited – Chief Constable of Derbyshire v Goodman and Newton Admn 2-Apr-1998
Firearms licences were granted to the two respondents, but then revoked by the Chief Constable. They appealed to the Crown Court and their appeal was allowed. The judge, however, ordered the Chief Constable to pay the costs of the two respondents, . .

Cited by:

Cited – Baxendale-Walker v The Law Society Admn 30-Mar-2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. . .
Cited – Cambridge City Council v Alex Nestling Ltd QBD 17-May-2006
The council appealed an award of costs against it. The respondent had appealed against a refusal by the council to vary a premises licence for a public house with partial success, and the magistrates had awarded the respondent half its costs.
Cited – Mastercard UK Members Forum Ltd Mastercard International Inc CAT 28-Jul-2006
. .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Local Government, Costs, Licensing

Updated: 18 May 2022; Ref: scu.78542

Blake and Another v Barking and Dagenham London Borough Council: QBD 1 Nov 1996

A Local Authority has no duty of care for the correctness of a valuation undertaken for a right to buy transaction. It was not just or reasonable to impose a duty of care on a local authority in connection with its statement of its opinion as to price in a Section 125 Notice.

Judges:

Douglas Brown J

Citations:

Times 01-Nov-1996, [1996] EGCS 145, [1997] 30 HLR 963

Statutes:

Housing Act 1985 125

Cited by:

Cited – Payne and Woodland v Mayor and Burgesses of London Borough of Barnet CA 22-May-1997
The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Local Government

Updated: 18 May 2022; Ref: scu.78443

B v Harrow London Borough Council and Another: HL 8 Jan 1992

The claimant asked the education authority to provide education for a child with special needs. The parent expressed a preference for a school outside the authority’s area. The question at issue was, when deciding whether such a placement would be an effective use of the resources, the effect of the placement on both authorities was to be considered. It was held that the Act allowed only the circumstances of the placing authority to be taken into account.

Citations:

Gazette 08-Jan-1992

Statutes:

Education Act 1996

Local Government, Education

Updated: 18 May 2022; Ref: scu.78059

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent had previously allowed an advertisement by an organisation campaining for gays. It was suggested thet the Mayor had improperly intervened to prevent the advertisement being accepted.
Held: The respondent’s policy met the requirement for legal certainty, and was prescribed by law. As a public body, subject to the equality duty, TfL was under a positive obligation to protect the rights of gays. In my judgment, this was a legitimate aim under Article 10(2).
‘TfL’s decision was justified and proportionate in pursuit of the legitimate aim of protecting the rights of others. Therefore the refusal was not a breach of the Trust’s rights under Article 10(1). The fact that TfL had applied its Advertising Policy inconsistently and partially and refused the Trust a right to respond was outweighed by the countervailing factors, described above, which made it proportionate to refuse to display the advertisement.’

Judges:

Lang DBE J

Citations:

[2013] EWHC 651 (Admin), [2013] PTSR 1161, [2013] PTSR 1161

Links:

Bailii

Statutes:

Human Rights Act 1998 7, European Convention on Human Rights 34, Greater London Authority Act 1999 154, Equality Act 2010 149 12(1)

Citing:

Cited – Casado Coca v Spain ECHR 24-Feb-1994
The right to freedom of expression is not personal to the individual and is capable of being enjoyed by corporate legal persons, and commercial advertising, such as that of the claimants, is protected by Article 10(1). However, the control of . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – Muller And Others v Switzerland ECHR 24-May-1988
The Court considered a complaint that Article 10 had been infringed by the applicant’s conviction of an offence of publishing obscene items, consisting of paintings which were said ‘mostly to offend the sense of sexual propriety of persons of . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Wingrove v The United Kingdom ECHR 25-Nov-1996
The applicant had been refused a certification certificate for his video ‘Visions of Ecstasy’ on the basis that it infringed the criminal law of blasphemy. The Court found that the offence was prescribed by law and served the legitimate aim of . .
Cited – Murphy v Ireland ECHR 10-Jul-2003
A pastor attached to an evangelical protestant centre based in Dublin wished to broadcast an advertisement during the week before Easter 1995, but the broadcast was stopped by the Independent Radio and Television Commission because section 10(3) of . .
Cited – Observer and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
Cited – Otto Preminger Institute v Austria ECHR 1994
In the context of religious opinions and beliefs it was pointed out that there is under article 10 an obligation to avoid as far as possible expressions that are gratuitously offensive to others ‘and thus an infringement of their rights’. The Court . .
Cited – Jersild v Denmark ECHR 20-Oct-1994
A journalist was wrongly convicted himself of spreading racial hatred by quoting racists in his material.
Held: Freedom of expression is one of the essential foundations of a democratic society. The safeguards to be afforded to the press are . .
Cited – VGT Verein Gegen Tierfabriken v Switzerland ECHR 28-Jun-2001
The applicant association dedicated itself to the protection of animals, from animal experiments and industrial animal production. In reaction to television commercials broadcast by the meat industry it prepared a TV advertisement contrasting the . .
Cited – Giniewski v France ECHR 31-Jan-2006
The applicant had been convicted of public defamation towards the Christian community on the basis of an article suggesting that Catholicism contained the seeds of the Holocaust.
Held: While the article may have shocked and offended, it was a . .
Cited – Vajnai v Hungary ECHR 2010
The applicant wore a red star which was proscribed because of its association with communism.
Held: ‘a legal system which applies restrictions on human rights in order to satisfy the dictates of public feeling – real or imaginary – cannot be . .
Cited – X v The United Kingdom ECHR 20-Dec-1974
Commission – Inadmissible – Article 8 of the Convention : Right to respect for correspondence. Detention after conviction. Complaint not pursued
Article 9 of the Convention : Buddhist prisoner not permitted to send out material for . .
Cited – Arrowsmith v United Kingdom ECHR 12-Oct-1978
(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. . .
Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Local Government

Updated: 18 May 2022; Ref: scu.471961

Regina v Birmingham City Council ex parte Quietlynn Ltd: 1985

The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone should be repaid. The fee set by the council could reflect not only the processing of applications but ‘inspecting premises after the grant of licences and for what might be called vigilant policing . . in order to detect and prosecute those who operated sex establishments without licences’.

Judges:

Forbes J

Citations:

[1985] 83 LGR 461

Cited by:

Cited – Aylesbury Vale District Council, Regina (on The Application of) v Call A Cab Ltd Admn 12-Nov-2013
The council appealed against dismissal of its prosecution of the respondent, alleging the operation of a private hire vehicle without having a current licence, ‘in a controlled district’. The respondent had denied that the necessary resolution had . .
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 . .
Cited – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 18 May 2022; Ref: scu.519015

St Ives Corporation v Wadsworth: ChD 1908

A piece of land bordered by a river a bridge and a highway was fenced off by the highway authority. The defendant had used the land as part of his adjoining house and land. The plaintiffs sought clarification that they could remove the fence as they wished.
Held: On the facts, the land had been part of an ancient highway and must remain as such. Swinfen Eady J said ‘The question for decision has reference to a small piece of land in the corner between a bridge over the River Ouse and the defendant’s house. The plaintiff’s allege that the land is part of an ancient highway, and forms part of the highway today. The defendant claims it as his own property not through his father from whom he derives the house, but solely by title gained by possession for 12 years.’

Judges:

Swinfen Eady J

Citations:

[1908] Knight’s Local Government Reports 306, (1908) 72 JP 73, (1908) 6 LGR 306

Jurisdiction:

England and Wales

Cited by:

Cited – Smith, Regina (on the Application of) v The Land Registry (Peterborough Office) Admn 13-Feb-2009
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the . .
Cited – Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another CA 10-Mar-2010
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 18 May 2022; Ref: scu.320861

National Deposit Friendly Society Trustees v Skegness Urban District Council: HL 1959

The House considered the meaning of the phrase ‘the advancement of . . social welfare’ in the 1955 Act. Lord Denning said: ‘A person is commonly said to be engaged in ‘social welfare’ when he is engaged in doing good for others who are in need – in the sense that he does it, not for personal or private reasons – not because they are relatives or friends of his – but because they are members of the Community or of a portion of it who need help . . If a person is engaged in improving the conditions of life of others who are so placed as to be in need, he is engaged in ‘social welfare”.

Judges:

Lord Denning

Citations:

[1959] AC 293

Statutes:

Rating and Valuation (Miscellaneous Provisions) Act 1955

Jurisdiction:

England and Wales

Cited by:

Cited – Guild v Inland Revenue Commissioners HL 6-May-1992
The will left land for a sports centre to a local authority which no longer existed. If the gift was charitable, the gift would be applied cy pres, but if not it would fail and pass to the family and be subect to Inheritance Tax.
Held: A gift . .
Lists of cited by and citing cases may be incomplete.

Local Government, Rating

Updated: 18 May 2022; Ref: scu.273193