swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Local Government - From: 1993 To: 1993
This page lists 36 cases, and was prepared on 02 April 2018.
Berkshire County Council v C and others [1993] 1 FLR 569; [1993] 2 WLR 475
1993
QBD
Children, Local Government, Magistrates
Care proceedings were commenced in respect of two children. The court directed the local authority to carry out an assessment which would require in effect the full time attention of a social worker, the child having been taken into care. The authority replied that it would undertake the assessment but that there would be a delay until a certain date because of a lack of resources. The court then made a further order which repeated the order for an assessment and specified that it should be provided by a certain date, a date which was before the date promised by the authority. The authority appealed. Held: The court order stood. Provided only that the court had considered and taken proper account of the information on the authority's resources, and it was not manifestly wrong, there was no scope to vary the order.
Children Act 1989 38(6)
Regina v Croydon London Borough Council, ex parte Graham; CA 1993 - (1993) 26 HLR 286
Regina v Rochdale Metropolitan Borough Council, ex parte Schemet; QBD 1993 - (1993) 91 LGR 425; [1994] ELR 89
Bugg v Director of Public Prosecutions; Director of Public Prosecutions v Percy; QBD 1993 - [1993] QB 473; [1993] 2 WLR 628
Regina v Swansea City Council, ex parte Elitestone Ltd; QBD 1993 - Ind Summary, 31 May 1993; Times, 13 May 1993; [1993] 90 LGR 604; (1993) 66 P&CR 422
Regina v Birmingham City Council, ex parte Dredger [1994] 6 Admin L R 553; Times, 28 January 1993
22 Jan 1993
QBD
Hutchinson J
Local Government, Judicial Review
The local authority, operators of the market, increased the rents payable by the tenants. The tenants sought a review of the decision. Held: The act was that of a public authority and was subject to judicial review.
Local Government (Miscellaneous Provisions) Act 1976
1 Cites
1 Citers
Hussain v Bradford City Council; QBD 15-Feb-1993 - Ind Summary, 15 February 1993
Derbyshire County Council v Times Newspapers Ltd and Others; HL 18-Feb-1993 - Gazette, 07 April 1993; [1993] AC 534; [1993] UKHL 18; [1992] UKHL 6; [1992] QB 770; [1992] 3 WLR 28; [1993] 1 All ER 1011
Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson Ind Summary, 22 February 1993; [1995] 1 All ER 73
22 Feb 1993
CA
Simon Brown LJ
Local Government, Administrative
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to be considered. Considering legitimate expectations: "Sometimes the phrase is used to denote a substantive right: an entitlement that the claimant asserts cannot be denied him . . various authorities show that the claimants right will only be found established when there is a clear and unambiguous representation upon which it was reasonable for him to rely. Then the administrator or other public body will be held bound in fairness by the representation made unless only its promise or undertaking as to how its power would be exercised is inconsistent with the statutory duties imposed upon it. The doctrine employed in this sense is akin to an estoppel. In so far as the public body's representation is communicated by way of a stated policy, this type of legitimate expectation falls into two distinct sub categories: cases in which the authority are held entitled to change their policy even so as to effect the claimant, and those in which they are not."
1 Citers
Westdeutsche Landesbank Girozentrale v Islington London Borough Council; Kleinwort Benson Ltd v Sandwell Borough Council; ChD 23-Feb-1993 - Independent, 25 February 1993; Times, 23 February 1993; [1994] 4 All ER 890
Taylor v Newham London Borough Council; CA 1-Mar-1993 - Ind Summary, 01 March 1993
Dittah and Another v Phillipps Ind Summary, 01 March 1993
1 Mar 1993
QBD
Road Traffic, Local Government, Licensing
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.
Local Government (Miscellaneous Provisions) Act 1976 46(1)(d)
General Building and Maintenance Plc v Greenwich London Borough Council Times, 09 March 1993
9 Mar 1993
QBD
Local Government
Compliance with Health & Safety Regulations was relevant consideration of technical ability.
Ephraim v London Borough of Newham; CA 10-Mar-1993 - Gazette, 10 March 1993
Re P (Minors) Independent, 09 April 1993; Independent, 07 April 1993
7 Apr 1993
CA
Children, Local Government
A local authority should seek to protect children by part IV applications and not under Part II. There is a lacuna in the Act. It was not to use the private law provisions of Part II of the Act to pursue public law objectives.
Children Act 1989
Regina v Kirklees Borough Council ex parte C (A Minor); CA 12-Apr-1993 - Ind Summary, 12 April 1993; [1993] FLR 187
City of Bradford Metropolitan Council v McMahon and McMahon Independent, 21 April 1993; [1994] 1 WLR 52; (1993) 25 HLR 534
21 Apr 1993
CA
Balcombe LJ
Housing, Local Government, Land
The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: "It is a creature of statute and is sui generis; if it is helpful to equate it to some more general right recognised by the courts I would prefer to describe it as analogous to a personal equity."
Housing Act 1985 121 ff
1 Citers
Steel Lining Ltd v Bibby and Co; CA 26-Apr-1993 - Ind Summary, 26 April 1993
Regina v Swansea City Council, ex parte Elitestone Ltd [1993] 46 EG 181
5 May 1993
CA
Sir Thomas Bingham MR, Staughton LJ, Mann LJ
Local Government, Planning
The company appellant, E, wished to develop its land. The Council had declared it to be a conservation area. E said that they had not given the necessary notice of the meeting of the sub-committee at which the initial decision had been made. E appealed against a finding that due notice had been given. Held: E's appeal failed. The reference to 'three clear days' in the statute referred to working days only. Of the days to be counted, the 1st May had been a public holiday. The notice was not therefore as required, and the meeting was procedurally defective and ineffective in law. However the later decision of the full committee was the effective decision, and achieved that which the sub-committee had failed to achieve.
The chalets sought to be replaced were structures or erections, and therefore buildings within planning law.
Local Government Act 1972 100B
1 Cites
Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs) Times, 07 May 1993
7 May 1993
QBD
Local Government, Licensing, Transport
A cabbie was not operating outside the district of the local authority in which he was licensed to operate, just by advertising outside that district.
Local Government Miscellaneous Provisions Act 1976 55
O'Gorman v Brent London Borough Council Times, 20 May 1993
20 May 1993
QBD
Local Government
It is a question of fact and degree as to whether a street trader is an occupier.
Landlord and Tenant Act 1990 21(2)
Chisholm and Others v Kirklees Metropolitan Borough Council and Another; Kirklees Metropolitan Borough Council v B and Q Plc Times, 27 May 1993; Independent, 27 May 1993
27 May 1993
ChD
Discrimination, Local Government
The Sunday trading law banning trading on Sunday's does not create any situation of sex discrimination.
Shops Act 1950 47 - Sex Discrimination Act 1975
Morgan Grenfell and Co Ltd v Welwyn Hatfield District Council; Islington London Borough Council (Third Party) Times, 01 June 1993
1 Jun 1993
QBD
Local Government
Swap contracts are commercial or financial contracts, and are ultra vires for local authorities, and are unenforceable against them.
Co-operative Insurance Society Ltd v Hastings Borough Council Times, 23 June 1993; 91 LGR 608
23 Jun 1993
ChD
Vinelott J
Land, Local Government
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the order was no longer exercisable. Held: A compulsory purchase order cannot be kept alive beyond the three year limit after its publication. The service of the particulars under 3(3) of the 1981 Act did not exercise the powers given by the order; that could only be done by a notice to treat. Accordingly the notice had lapsed. The failure by parliament when passing legislation in a related field to overrule a decision did not have the effect of confirming that decision.
Compulsory Purchase (Vesting Declarations) Act 1981 4 - Compulsory Purchase Act 1965 4 5 - Acquisition of Land Act 1981 3(1) 26(1) - Planning and Compensation Act 1991 67
1 Cites
Kingston Upon Thames Royal Borough Council v National Solus Sites Ltd Times, 24 June 1993
24 Jun 1993
QBD
Local Government, Planning
Display of different posters without consent constitutes separate offences.
Islwyn Borough Council and Another v Newport Borough Council Times, 28 June 1993; 158 LG Rev 501; [1993] EWCA Civ 28
28 Jun 1993
CA
Glidewell, Hirst, Roch LJJ
Local Government, Contract
Three local authorities disputed whether a contract had been made between them, and if so its terms, as to the financial support of a leisure centre. Held: Later legislation need not frustrate agreement between the parties.
Hirts LJ said: "the agreement was in my judgment frustrated by supervening illegality . . the parties having covenanted to do something lawful, and section 42(a) having come in and hindered them from doing it, the covenant was repealed, leaving the Joint Committee powerless to fulfil their central function of management of the Leisure Centre."
Local Government Act 1972 101(1) - Education Act (No 2) 1986 42
1 Cites
[ Bailii ]
Regina v Avon County Council, Ex Parte Terry Adams Ltd Times, 07 July 1993
7 Jul 1993
QBD
Local Government
A council has no duty to consider the interests of waste disposal contractors.
Environmental Protection Act 1990 51(1)
1 Citers
Regina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association Unreported, 19 July 1993; [1994] COD 325
19 Jul 1993
QBD
Sedley J
Local Government, Administrative
The court discussed the way in which local authorities should conduct their activities under the section: "[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect the interests of what is now the body of council tax payers. The broad object of section 32 is to enable the council to break even over time on its market trading account so that no special burden is transferred to the general fund . . [T]he council remains under an obligation to balance the market trading books" and "the purpose of the legislation . . is to ensure that the cost of running street markets falls, but falls fairly, upon the traders".
When considering any penalty to be imposed for a breach, the court should look to the the gravity of the breach in relation to the statutory purpose.
London Local Authorities Act 1990 32
1 Citers
Regina v Walsall Metropolitan Borough Council ex parte Yapp and Another Independent, 22 September 1993; Times, 06 August 1993
6 Aug 1993
CA
Local Government
A Local Authority may seek new tenders for a contract within the period of the old because of a break clause. It was carrying out public law duties.
Regina v Secretary of State Environment, ex parte Enfield London Borough Council and Others Times, 17 August 1993
17 Aug 1993
CA
Local Government
Sumsheld with regard to residual housing debt are not included in the calculations of the central government subsidy.
Local Government Housing Act 1989 74 & 79
East Kilbride District Council v Secretary of State Scotland Times, 18 August 1993
18 Aug 1993
OHCS
Local Government
Expenditure was not manifestly absurd so no reason for judicial review.
Wren and Others v Eastbourne Borough Council and Another Times, 18 August 1993; [1993] UKEAT 386_92_2705
18 Aug 1993
EAT
Local Government, Employment
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
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)
[ Bailii ]
Regina v Newcastle Upon Tyne City Council ex parte Dixon Times, 26 October 1993; Independent, 21 October 1993
21 Oct 1993
QBD
Health, Local Government
Council may impose additional clauses with economic requirements, on Registered Nursing Homes in contracts for care provision.
Regina v Bradford Metropolitan Borough Council Ex parte Sikander Ali Ind Summary, 22 November 1993; Gazette, 03 November 1993; Times, 21 October 1993
21 Oct 1993
QBD
Discrimination, Education, Local Government
A Local Authority may use traditional school catchment areas as a basis for admissions policies for initial allocation of schools, without this being racially discriminatory. They are a valid basis of choice, despite supervening population shifts.
Regina v Barnet London Borough Council Ex Parte B and Others Independent, 17 November 1993; [1994] ELR 357
17 Nov 1993
QBD
Auld J
Children, Local Government
A Local Authority has to balance its duties to provide nurseries against financial constraints. The section sets out duties of a general character which are intended to be for the benefit of children in need in the local social services authority's area in general. The other duties and the specific duties which then follow must be performed in each individual case by reference to the general duties which the section sets out. The subsection sets out the duties owed to a section of the public in general by which the authority must be guided in the performance of those other duties. The guidance issued under section 7 of the Local Authority Services Act 1970 entitled The Children Act 1989 Guidance and Regulations, vol 2: Family Support, Day Care and Educational Provision for Young Children indicated that the duties under Part III of the 1989 Act fell into two groups, those which are general and those which are particular, and that the general duties are concerned with the provision of services overall and not to be governed by individual circumstances.
Children Act 1989 817(1)
1 Citers
Westdeutsche Landesbank Girozentrale v Islington London Borough Council; CA 30-Dec-1993 - Gazette, 23 February 1994; Independent, 05 January 1994; Times, 30 December 1993; [1994] 4 All ER 890; [1994] 1 WLR 938
