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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: 1996 To: 1996

This page lists 45 cases, and was prepared on 02 April 2018.

 
Guinan v Enfield London Borough Council (1996) 29 HLR 456
1996
CA

Housing, Local Government
The landlord council and tenant claiming his right to buy disputed the reasonableness of terms proposed by the council for inclusion in the lease. The tenant served a RTB6 notice and the landlord served a RTB7 Counter notice relying on the reasonableness of the terms proposed. The tenant served a RTB8 operative notice of delay contending that the RTB7 Counter notice was invalid because there was action for the landlord to take, that is to agree reasonable terms. Held: Some of the proposed terms were reasonable, but others unreasonable. As to the validity of the Counter notice, the court held that a Counter notice is valid if the landlord in good faith believes that he has in law the right to insist on the terms he is offering, the county court being at hand to settle disputes under section 181.
Housing Act 1985181
1 Citers


 
Regina v Cardiff City Council ex parte Gooding Investments [1996] Env LR 288
1996
Admn
Owen J
Local Government

1 Citers


 
South Glamorgan County Council v L and M [1996] ELR 400
1996


Local Government, Education

1 Citers


 
Regina v Hounslow London Borough Council, ex parte Williamson [1996] EGCS 27
1996
Admn
Tuckey J
Local Government
An expression of a planning officer's view was not a decision amenable to judicial review.
1 Citers


 
Regina v Secretary of State for the Environment Ex Parte Harrow London Borough Council Times, 16 January 1996
16 Jan 1996
QBD

Local Government, European
The restriction of an invitation to tender to companies who could later buy the properties was unlawful.
Council Directive 92/50/EEC

 
Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed [1996] EWHC Admin 4
18 Jan 1996
Admn

Administrative, Local Government, Housing

1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for the Environment Ex Parte Berkshire County Council and Others Times, 25 January 1996; Independent, 31 January 1996
25 Jan 1996
CA

Local Government
The Secretary of State can accept and implement a part only of a Boundary Commission report.
Local Government Act 1992 17(1)

 
Regina v Redbridge Magistrates Ex Parte Guppy Ind Summary, 05 February 1996
5 Feb 1996
QBD

Insolvency, Criminal Sentencing, Local Government
Justices could find a wilful refusal to pay a debt despite the defendant's assets having become vested in his Trustee on bankruptcy.


 
 Invercargill City Council v Hamlin; PC 12-Feb-1996 - Times, 15 February 1996; 50 Con LR 105; [1996] AC 624; [1996] UKPC 56; 78 BLR 78; [1996] 1 NZLR 513; [1996] 1 All ER 756
 
Rixon, Regina (on The Application of) v London Borough of Islington [1996] EWHC 399 (Admin); (1996) 32 BMLR 136; (1997-98) 1 CCL Rep 119; [1997] ELR 66
15 Mar 1996
Admn
Sedley J
Health, Local Government
"This application for judicial review concerns alleged failures of the London Borough of Islington to make provision according to law for the social, recreational and educational needs of the applicant, Jonathan Rixon, who is now 25 and suffers from Seckels syndrome. He is blind, microcephalic, practically immobile, doubly incontinent and largely unable to communicate. He suffers from severe deformities of the chest and spine, a hiatus hernia and a permanent digestive disorder. His size and weight are those of a small child, but his helplessness and dependency are those of a baby. He is reliant on the devoted care of his mother and of others who assist her."
[ Bailii ]

 
 Avon County Council v Hooper and Another; CA 18-Mar-1996 - Times, 18 March 1996
 
Regina v Lambeth Borough Council, Ex Parte Wilson Times, 21 March 1996
21 Mar 1996
QBD

Costs, Legal Professions, Local Government
Individual local government officers can be made subject to wasted costs orders in appropriate circumstances.
Supreme Court Act 1981 51

 
In Re A Subpoena Issued by the Commissioner for Local Administration Times, 04 April 1996
2 Apr 1996
QBD
Justice Carnwath
Administrative, Local Government
Local ombudsman can investigate adoptions and to get confidential papers. His task was not that of a party to litigation, and he may well require more papers than a party to litigation might be entitled to. Even so, and though the sup poena ad duces tecum was confirmed, the Commissioner was invited to reconsider and reduce the scope of the papers requested.


 
 Lancashire County Council v Municipal Mutual Insurance Ltd; CA 3-Apr-1996 - Gazette, 05 June 1996; Times, 08 April 1996; [1997] QB 897; [1996] EWCA Civ 1345
 
Regina v Carrick District Council Ex Parte Shelley and Another Times, 15 April 1996
15 Apr 1996
QBD

Environment, Local Government
A Local Authority failed in its duty by only observing rather than acting upon pollution of local beaches.
Environmental Protection Act 1990 80


 
 Coventry City Council v Finnie and Another; QBD 2-May-1996 - Times, 02 May 1996; (1997) 29 HLR 658
 
H v Norfolk County Council (Unreported, 10th May 1996 LTA 95/7562/E
10 May 1996
CA
Lord Justice Simon Brown
Negligence, Local Government
This was an application for leave to appeal against a striking out order. The plaintiff, aged 22, alleged that he had been physically and sexually abused by his foster father. He claimed that the council was negligent in not properly monitoring and supervising his placement and for failing to investigate a series of reports when he was aged 11. He contended the County Council should have removed him from foster care. Held: Lord Justice Simon Brown said: "For my part, I see no force in any of the submissions. All were advanced below and all in my judgment were properly dealt with in the judge's conclusions which I have already recited. I bear in mind as I am specifically invited to do, what Lord Browne-Wilkinson said (749G) namely that; "the public policy consideration, which has first claim on the loyalty of the law is that wrongs should be remedied and that very potent counter considerations are required to over-ride that policy."
1 Citers



 
 Credit Suisse v Allerdale Borough Council; CA 20-May-1996 - Times, 20 May 1996; [1997] QB 306

 
 Credit Suisse and Another v Waltham Forest London Borough Council; CA 20-May-1996 - Times, 20 May 1996; [1997] QB 362
 
Kleinwort Benson Ltd v Birmingham City Council Times, 20 May 1996
20 May 1996
CA

Local Government, Equity
No defence of unjust enrichment was available to defend a claim on a failed interest rate swap agreement.
1 Cites

1 Citers


 
Westdeutsche Landesbank Girozentrale v Islington London Borough Council Times, 30 May 1996; [1996] 2 All ER 961; [1996] AC 669; [1996] UKHL 12; [1996] 2 WLR 802; [1996] 5 Bank LR 341
22 May 1996
HL
Lord Browne-Wilkinson, Lord Goff, Lord Woolf
Banking, Local Government, Equity
Simple interest only was payable on a debt payable for an interest rate swap agreement which had been avoided as ultra vires the council's powers. The failure of the swap agreement did not place the authority under any fiduciary duty to the claimants. A finding to that effect would create equitable interests with uncertain consequences for others. Accordingly simple interest only was payable. Parliament had made its intentions clear and it was not for the courts to create new situations in which compound interest would be awarded. "Although it is difficult to find clear authority for the proposition, when property has been obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity." An innocent recipient of property wrongfully obtained does not become a constructive trustee of it until receipt of knowledge of the claim in equity of the true owner.
HL Lord Goff said: "Claims in restitution are founded upon a principle of justice, being designed to prevent the unjust enrichment of the defendant: see Lipkin Gorman v Karpnale Ltd. [1991] 2 A.C. 548. Long ago, in Moses v Macferlan (1760) 2 Burr. 1005, 1012, Lord Mansfield C.J. said that the gist of the action for money had and received is that "the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money". It would be strange indeed if the courts lacked jurisdiction in such a case to ensure that justice could be fully achieved by means of an award of compound interest, where it is appropriate to make such an award, despite the fact that the jurisdiction to award such interest is itself said to rest upon the demands of justice. I am glad not to be forced to hold that English law is so inadequate as to be incapable of achieving such a result. In my opinion the jurisdiction should now be made available, as justice requires, in cases of restitution, to ensure that full justice can be done. The seed is there, but the growth has hitherto been confined within a small area. That growth should now be permitted to spread naturally elsewhere within this newly recognised branch of the law. No genetic engineering is required, only that the warm sun of judicial creativity should exercise its benign influence rather than remain hidden behind the dark clouds of legal history."
Lord Browne-Wilkinson said: "The argument for a resulting trust was said to be supported by the case of a thief who steals a bag of coins. At law those coins remain traceable only so long as they are kept separate: as soon as they are mixed with other coins or paid into a mixed bank account they cease to be traceable at law. Can it really be the case, it is asked, that in such circumstances the thief cannot be required to disgorge the property which, in equity, represents the stolen coins? Moneys can only be traced in equity if there has been at some stage a breach of fiduciary duty, i.e. if either before the theft there was an equitable proprietary interest (e.g. the coins were stolen trust moneys) or such interest arises under a resulting trust at the time of the theft or the mixing of the moneys. Therefore, it is said, a resulting trust must arise either at the time of the theft or when the moneys are subsequently mixed. Unless this is the law, there will be no right to recover the assets representing the stolen moneys once the moneys have become mixed.
I agree that the stolen moneys are traceable in equity. But the proprietary interest which equity is enforcing in such circumstances arises under a constructive, not a resulting, trust. Although it is difficult to find clear authority for the proposition, when property is obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity. Thus, an infant who has obtained property by fraud is bound in equity to restore it: Stocks v. Wilson [1913] 2 K.B. 235, 244; R. Leslie Ltd. v. Sheill [1914] 3 K.B. 607. Moneys stolen from a bank account can be traced in equity: Bankers Trust Co. v. Shapira [1980] 1 W.L.R. 1274, 1282C-E: see also McCormick v. Grogan (1869) L.R. 4 H.L. 82, 97".
Lord Browne-Wilkinson explained the differences between institutional and remedial constructive trusts: "Under an institutional constructive trust, the trust arises by operation of law as from the date of the circumstances which give rise to it: the function of the court is merely to declare that such trust has arisen in the past. The consequences that flow from such trust having arisen (including the possibly unfair consequences to third parties who in the interim have received the trust property) are also determined by rules of law, not under a discretion. A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court."
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Greater Manchester Police Authority and Others, Ex Parte Century Motors Farnworth Ltd; QBD 31-May-1996 - Times, 31 May 1996

 
 Welton, Welton v North Cornwall District Council; CA 17-Jul-1996 - Gazette, 18 September 1996; Times, 18 July 1996; [1996] EWCA Civ 516; [1997] 1 WLR 570

 
 Stovin v Wise, Norfolk County Council (Third Party); HL 24-Jul-1996 - Gazette, 25 September 1996; Times, 26 July 1996; [1996] AC 923; [1996] UKHL 15; [1996] 3 All ER 801; [1996] 3 WLR 389
 
Regina v Gloucestershire County Council Ex Parte Mahfood; Same v Same Ex Parte Barry Etc Gazette, 02 August 1996
2 Aug 1996
QBD

Local Government, Health
Local Authority may allow for finances in deciding on care but must look to individual case.
Chronically Sick and Disabled Persons Act 1970 2(1)
1 Cites

1 Citers


 
Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc Gazette, 13 November 1996; Times, 10 October 1996; [1996] EWHC Admin 90; (1997) 1 CCLR 85; (1997) 30 HLR 10
8 Oct 1996
QBD

Benefits, Housing, Local Government
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.
National Assistance Act 1948 21 22
1 Cites

1 Citers

[ Bailii ]

 
 Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another; HL 9-Oct-1996 - Gazette, 09 October 1996; Times, 08 August 1996; [1996] UKSSCSC CIS_298_1992; [1996] 1 WLR 1184; CIS/641/1992; CIS/298/1992
 
Regina v Leeds City Council ex parte Leeds Industrial Co-Operative Society Ltd [1996] EWCA Civ 734
15 Oct 1996
CA

Local Government, Land, Planning

[ Bailii ]
 
Regina v Brent and Harrow Health Authority Ex Parte London Borough Of Harrow Times, 15 October 1996
15 Oct 1996
QBD

Education, Local Government
A Health Authority may ration the resources it had allocated to special education support.
Education Act 1993 166

 
Regina v Harrow London Borough Council Ex Parte M Times, 15 October 1996
15 Oct 1996
QBD

Education, Local Government
The duty to provide education is a personal right of the child which is not delegable by the Local Authority.
Education Act 1993 168

 
Regina v Further Education Funding Council, ex parte Robert Parkinson; Regina v Bradford Metropolitan District Council, ex parte Robert Parkinson Times, 31 October 1996; [1996] EWHC Admin 130
18 Oct 1996
Admn

Education, Local Government
Further education under special needs provisions for an adult are to be tailored to his particular needs.
Higher Education Act 1992
[ Bailii ]
 
London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd Times, 07 November 1996; [1996] EWCA Civ 797; (1996) 95 LGR 574
24 Oct 1996
CA
Peter Gibson LJ
Local Government, Housing
The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association. Held: A Local Authority had no power to guarantee a loan to an unregistered housing association. Section 111(1) of the 1972 Act could not be relied on to support the guarantee, which was consequently ultra vires.
Peter Gibson LJ adopted the proposition of counsel that: "Where Parliament has expressly enacted provisions which define the means by which local authorities are to carry out their functions, section 111(1) of the Act of 1972 cannot be relied upon in support of performance of those functions by other means not expressly empowered by the relevant provisions"
Local Government Act 1972 111 - Housing Associations Act 1985
1 Cites

[ Bailii ]
 
Regina v London Borough of Sutton ex parte Tucker [1996] EWHC Admin 167
29 Oct 1996
Admn

Health, Local Government

[ Bailii ]

 
 Blake and Another v Barking and Dagenham London Borough Council; QBD 1-Nov-1996 - Times, 01 November 1996; [1996] EGCS 145; [1997] 30 HLR 963

 
 Burgoine and Another v Waltham Forest London Borough Council and Another; ChD 7-Nov-1996 - Times, 07 November 1996; (1996) 95 LGR 520
 
Regina v District Auditor, Gateshead ex parte Judge P [1996] EWCA Civ 919
8 Nov 1996
CA

Local Government
The objector sought leave to appeal. He had objected to spending on a war memorial. The district auditor when declining to intervene had given his reasons. The claimant objected that he should have waited before giving those reasons. Held: Either the reasons were validly delivered in which case the objection failed, or they were not in which case the appeal was out of time. Leave refused.
Local Government Finance Act 1982 17
1 Cites

[ Bailii ]
 
Regina v Portsmouth City Council ex parte Coles and Colwick Builders Limited and ex parte George Austin Limited Times, 13 November 1996; [1996] EWCA Civ 913
8 Nov 1996
CA

Local Government, Judicial Review
A tender was issued inviting applications for public works contracts but was wrong for failing to set out the criteria which would be used to assess the award, but the process stood nevertheless.
[ Bailii ]

 
 Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland); HL 14-Nov-1996 - Times, 09 January 1997; [1996] UKHL 7
 
Cooke v Birmingham City Council Birmingham College of Food Tourism and Creative Studies [1996] EWCA Civ 966
14 Nov 1996
CA

Education, Employment, Local Government

Further and Higher Education Act 1992
[ Bailii ]
 
Yasin Issa (Suing By her Next Friend and Father Ali Ahmed Issa) and Imran Issa (Suing By her Next Friend and Father Ali Ahmed Issa) v Mayor and Burgesses of London Borough of Hackney Times, 26 November 1996; [1996] EWCA Civ 998; [1997] 1 WLR 956
19 Nov 1996
CA

Local Government
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit.
Public Health Act 1936 Part II (Nuisance etc)
1 Cites

[ Bailii ]
 
Regina v Parking Adjudicator; Ex Parte Wandsworth London Borough Council Gazette, 27 November 1996; Times, 26 November 1996; [1996] EWCA Civ 869
26 Nov 1996
CA

Road Traffic, Local Government
The person registered as the keeper is the person liable to pay a parking fine though the actual act of parking which gave rise to the fine was one carried out by the garage with whom the car had been left for repair.
Road Traffic Act 1991 66 Sch6
[ Bailii ]
 
Regina v City and County of Swansea ex parte Julie Amanda Jones [1996] EWHC Admin 290
28 Nov 1996
Admn

Licensing, Local Government

[ Bailii ]
 
In Re C (A Minor) (Interim Care Order: Residential Assessment) Times, 29 November 1996; [1996] UKHL 4; [1997] AC 489; [1996] 4 All ER 871; [1997] 1 FLR 1; [1997] Fam Law 228; [1997] 1 FCR 149; 95 LGR 367
29 Nov 1996
HL
Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Hope of Craighead
Children, Local Government
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The judge made an interim care order and gave an order for a residential assessment. The parents now appealed the decision of the Court of Appeal reversing that order. Held: The parents' appeal succeeded. An order for an assessment of a child together with the child's family in a residential unit was within the power of the court assessing the need for a care order, and the court had power to override the authority's objections if that was required to make its own decision. The section is to be given a wide reading, and the Act read purposively. Sections 38 (6) and (7) were not restricted to medical and psychiatric assessment alone. It was clear from the Act that “any other assessment” of the child could be ordered. This could cover an assessment of the interaction between the child and parent. Though the the court may not order a child or a parent to participate in an assessment under s 38(6) it can override the powers the Local Authority.

Lord Browne-Wilkinson: “This broad approach is supported by consideration of s 38(7) which does not appear to have been drawn to the attention of the Court of Appeal either in Re M or in the present case. Subsection (7) confers on the court the power to prohibit an examination or assessment which the local authority is proposing to make. It is manifestly directed to the type of conduct by social services revealed by the Cleveland Inquiry, ie repeated interviews and assessments of the child and his parents which are detrimental to the child. This negative control by the court cannot have been intended to be limited to cases where the child, and only the child, is to be assessed. If it is to be fully effective to prevent damage to the child, the power under s 38(7) must also extend to cases where it is proposed to assess the relationship between the parents and the child.” and "… it is impossible to assess a young child divorced from his environment. The interaction between the child and his parents or other persons looking after him is an essential element in making any assessment of the child."
Children Act 1989 38(6) 38(7)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Regina v Secretary of State for the Environment Ex Parte Oldham Metropolitan Borough Council Times, 16 December 1996
16 Dec 1996
QBD

Local Government, Commercial
A term in a tender requiring an undertaking to incorporate certain terms was anti-competitive.
Local Government Act 1988 32

 
Regina v Bromsgrove District Council ex parte Barratt West Midlands Limited [1996] EWHC Admin 375
17 Dec 1996
Admn
Latham J
Planning, Local Government
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."
1 Cites

[ Bailii ]
 
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