The defendant council had originally resolved in favour of allowing the plaintiff to use premises leased to her by the council as a club; the plaintiff’s husband was at that time a member of the majority group on the council; there was then an election and a change of control; the council resolved to rescind the original resolution. The judge was not satisfied that malice had been proved against the leader of the new majority or against any others who voted. The claimant said that the change was activated by malice.
Held: In a legal system based on the rule of law, executive or administrative power ‘may be exercised only for the public good’ and not for ulterior and improper purposes. A local authority exercising private-law functions as a landlord is potentially capable of being sued in misfeasance. A new trial was ordered to investigate the presence of malice.
Nourse LJ, Slade LJ
[1990] 1 WLR 54
England and Wales
Citing:
Appealed to – Jones v Swansea City Council HL 2-Jan-1990
The case concerned the reversal at a council meeting of a decision taken under different political control. The principal complaint centred on two councillors but it was that all 28 members of that Labour group who took part in that decision had . .
Cited – Regina v Waltham Forest London Borough Council, Ex parte Baxter CA 1988
Challenge was made to the way the Council set its rate. Prior to the decision, the majority group held a private meeting at which a decision was reached following a vote on the appropriate increase. It was then the duty of the members to vote in . .
Cited by:
Appeal from – Jones v Swansea City Council HL 2-Jan-1990
The case concerned the reversal at a council meeting of a decision taken under different political control. The principal complaint centred on two councillors but it was that all 28 members of that Labour group who took part in that decision had . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – Barnard v Restormel Borough Council CA 6-Feb-1998
The council appealed a refusal to strike out the proceedings. The claimant alleged misfeasance in a planning decision giving a competitor consent to development. He said the mayor had deceived the planning committee as to the need to consider the . .
Cited – Hilda Amoo-Gottfried v Legal Aid Board (No 1 Regional Committee) CA 1-Dec-2000
The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.194968