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: 1994 To: 1994
This page lists 24 cases, and was prepared on 02 April 2018.
Wychavon District Council v Secretary of State for Environment and Another; QBD 7-Jan-1994 - Times, 07 January 1994
Regina v Avon County Council Ex Parte Terry Adams Ltd; CA 20-Jan-1994 - Times, 20 January 1994
Regina v Secretary of State for the Environment ex parte Lancashire County Council; Regina v Same ex parte Derbyshire Times, 03 February 1994; Gazette, 02 March 1994
3 Feb 1994
QBD
Local Government
Guidance which had been given to the Commission was unlawful in being normative - seeking part result.
Regina v Somerset County Council ex parte Fewings and Others; QBD 10-Feb-1994 - Times, 10 February 1994; Independent, 16 February 1994
M and Another v Newham London Borough Council and Others; X (Minors) v Bedfordshire County Council; CA 24-Feb-1994 - Independent, 24 February 1994; Times, 03 March 1994; [1995] 2 AC 633
Regina v Secretary of State Environment, ex parte Haringey London Borough Council Times, 02 March 1994
2 Mar 1994
CA
Local Government
The Secretary of State for Environment can remove a Local Authority's powers if a tender competition is restricted.
Local Government Act 1988 7-7
Regina v Secretary of State for Wales, ex parte Gwent County Council Times, 04 March 1994
4 Mar 1994
QBD
Local Government
Maintenance grant deduction to be included in local authority budget.
Local Government Finance Act 1988 82-1
Regina v Secretary of State for the Environment and Another, ex parte Almondsbury District Council; QBD 11-Mar-1994 - Times, 11 March 1994
Regina v Commissioner for Local Administration Ex Parte Blakey; QBD 14-Mar-1994 - Ind Summary, 14 March 1994
Regina v Northavon District Council, Ex Parte Palmer; QBD 16-Mar-1994 - Times, 16 March 1994
Regina v Secretary of State for Wales, Ex Parte Gwent County Council Times, 16 March 1994
16 Mar 1994
CA
Local Government
Recoupment of school grant from support grant is expenditure by council.
Local Government Finance Act 1992 43-2
Sutton London Borough Council v Davis Gazette, 18 May 1994; Independent, 17 March 1994; Times, 17 March 1994
17 Mar 1994
FD
Children, Local Government
Local Authority need not be inflexible in assessing fitness of child minder - smacking. A child minder refusing to sign Local Authority's no-smack undertaking can still be registered.
Children Act 1989 77(6)
1 Cites
1 Citers
Regina v Secretary of State for Wales, ex parte Gwent County Council Ind Summary, 28 March 1994
28 Mar 1994
CA
Local Government
A sum recovered by the Secretary of State was not expenditure for the purposes of revenue support grant.
Regina v Stoke CC ex parte Highgate Projects; Regina v Birmingham Cc ex parte Connolly Independent, 14 April 1994
14 Apr 1994
QBD
Benefits, Local Government
A Landlord has no locus standi to appeal against the assessment of Housing Benefit for his tenant.
Regina v Bristol City Council, Ex Parte Naqvi Times, 09 May 1994
9 May 1994
QBD
Local Government
Local Authority to consider discretionary grant if building more than ten years old - or on conversion.
Housing Act 1989 101
Regina v Tower Hamlets London Borough Council ex parte Jalal Times, 17 May 1994
17 May 1994
QBD
Local Government
Local Authority member was not disqualified by employment by sufficiently independent company.
Credit Suisse v Allerdale Borough Council; QBD 17-Jun-1994 - Independent, 17 June 1994
Regina v Local Government Commission for England and Another, ex parte Cleveland Cc Ind Summary, 08 August 1994; Times, 04 July 1994
4 Jul 1994
QBD
Local Government, Local Government
The Boundary Commission may amend a re-organisation plan after its approval by the Secretary of State.
Where boundaries had been approved by the Secretary of State there can still be later amendments.
Local Government Act 1992 s17
Regina v Local Government Commission for England and Another, ex parte Cleveland Cc Ind Summary, 08 August 1994; Times, 04 July 1994
4 Jul 1994
QBD
Local Government, Local Government
The Boundary Commission may amend a re-organisation plan after its approval by the Secretary of State.
Where boundaries had been approved by the Secretary of State there can still be later amendments.
Local Government Act 1992 s17
Regina v Poole Borough Council Ex Parte Cooper Times, 21 October 1994; Independent, 13 October 1994
13 Oct 1994
QBD
Local Government, Housing
Statutory housing enquiries may not be held as confidential to the authority. The information is obtained by the Local Authority in order to be put to the homeless applicant, and no privilege can be attached or given.
Tidman v Reading Borough Council Times, 10 November 1994; [1994] 3 PLR 72
4 Nov 1994
QBD
Buckley J
Professional Negligence, Local Government
The plaintiff wanted to sell his land. The purchaser wished to know the planning status and prospects for the land. The local authority published a leaflet encouraging those interested to seek guidance from the authority's planning officers. The plaintiff did so, but the advice received was negligently incorrect. Held: Thee informal planning advice given by a Local Authority officer, was not given under a duty of care, and the action failed. The rule in Hedley Byrne did not apply to this situation. The court should exercise care before allowing such a responsibility in such a case. An authority acted under a statutory duty to apply planning law, and to act for the general public interests. A duty in negligence could conflict with those public duties. The plaintiff had sought advice only over the telephone and provided very limited information. It could not be thought that by responding to such an enquiry the authority became liable in negligence. If it did, te result would be that they would give no such assistance in future. The council was also enttled to expect that a person to whom such a question was important would seek their own proper advice. A duty of care might posibly arise where the approach was more formal and detailed, and where e matter might have very serious consequences. The present case came nowhere near creating such a duty.
1 Cites
1 Citers
Credit Suisse and Another v Waltham Forest London Borough Council Independent, 09 November 1994; Times, 08 November 1994
8 Nov 1994
QBD
Local Government
A Council was not acting ultra vires in establishing a company to lease properties to the homeless.
1 Citers
Regina v Bristol City Council Ex Parte Bailey and Another Times, 23 November 1994
23 Nov 1994
QBD
Local Government
Sub-committee hearing appeal against refusal of grant need not give reasons.
West Wiltshire District Council v Garland and Others; Cond and Others (Third Parties) Gazette, 18 January 1995; Independent, 07 December 1994; Times, 05 December 1994
5 Dec 1994
CA
Local Government
District Auditors have both a statutory and a common law duty of care to the Local Authority.