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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: 1997 To: 1997

This page lists 73 cases, and was prepared on 02 April 2018.

 
Re I and E (Residential Assessment Order)
1997
CA

Children, Local Government
Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for the assessment of C. Though that failed, the Judge refused an order to stop the Authority removing C to make an assessment for the final hearing. The mother appealed. Held: The appeal failed. The court would not interfere in the local authority’s revised interim care plan to remove C for further assessment. Assessment in the home was not a realistic or viable option.
Children Act 1989 38(6)

 
Re C (Care Order: Appropriate Local Authority) [1997] 1 FLR 544
1997

Wall J
Children, Local Government
A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court considered a local authority placement with a mother whose classification for the purposes of section 23 is established by subsections (3) and (4) as follows: "(3) Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4). (4) A person falls within this subsection if he is: (a) a parent of the child; (b) a person who is not a parent of the child but who has parental responsibility for him; or (c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made."
Children Act 1989 23(6) 105(6)(c)
1 Citers



 
 Re M (Residential Assessment Directions); CA 1997 - [1998] 2 FLR 371
 
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) (1997) 29 HLR 756; [1997] EWHC Admin 4; (1997) 1 CCLR 294
13 Jan 1997
Admn
Kay J
Housing, Children, Local Government
Section 17(1) imposes an obligation in respect of the needs of an individual child.
Children Act 1989 17(1)
1 Citers

[ Bailii ]
 
Bernard Charles Admanson v Waveney District Council Times, 24 February 1997; [1997] EWHC Admin 62
24 Jan 1997
Admn

Licensing, Road Traffic, Local Government
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.
Rehabilitation of Offenders Act 1974 - Local Government (Miscellaneous Provisions) Act 1976
[ Bailii ]
 
C A Omoregei v Secretary of State for Environment and Kingston-Upon-Hull City Council and Solomon Obiajulo Okolo and Secretary of State for Environment and Kingston-Upon-Hull City Council [1997] EWHC Admin 86
30 Jan 1997
Admn

Land, Local Government

Acquisition of Land Act 1981 15
[ Bailii ]
 
Regina v Secretary of State for Environment ex parte London Borough of Sutton [1997] EWCA Civ 963
7 Feb 1997
CA

Local Government, Elections

[ Bailii ]
 
Regina v London Borough of Camden ex parte Hartley [1997] EWHC Admin 125
11 Feb 1997
Admn

Local Government
Incorrect results of local search - planning applications not revealed.
[ Bailii ]
 
Regina v Kent County Council ex parte Corby [1997] EWHC Admin 144; [1998] ELR 109
14 Feb 1997
Admn

Local Government

1 Citers

[ Bailii ]
 
Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc Times, 19 February 1997; [1997] EWCA Civ 3095; (1997) 9 Admin LR 504; (1997-98) 1 CCL Rep 85; (1998) 30 HLR 10
17 Feb 1997
CA
Lord Woolf MR, Waite, Henry LJJ
Benefits, Local Government, Immigration
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.
National Assistance Act 1948 21(1)
1 Citers

[ Bailii ]

 
 Regina v Coventry City Council ex parte Coventry Heads of Independent Care Establishments (Choice); Peggs and Peggs; Admn 21-Feb-1997 - [1997] EWHC Admin 172
 
Regina v Wiltshire County Council ex parte Razazan [1997] EWCA Civ 1087
25 Feb 1997
CA

Education, Local Government

[ Bailii ]

 
 Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council; CA 25-Feb-1997 - Gazette, 05 March 1997; Times, 25 February 1997

 
 Bayley v South Wight Borough Council; CA 27-Feb-1997 - [1997] EWCA Civ 1113
 
In the Matter of an Application for Judicial Review R v Secretary of State for Environment ex parte London Borough of Camden [1997] EWCA Civ 1151
4 Mar 1997
CA

Local Government

Local Government and Housing Act 1989
1 Citers

[ Bailii ]
 
Milne-Berry, Madden v London Borough of Tower Hamlets [1997] EWCA Civ 1223
12 Mar 1997
CA

Housing, Local Government
Right to buy.
[ Bailii ]
 
Lambert v West Devon Borough Council Times, 27 March 1997; Gazette, 19 March 1997
19 Mar 1997
QBD

Negligence, Local Government
A Local Authority officer granting permissions apparently within own powers binds the authority, and the Local Authority was liable in negligence for an error of a building control officer giving planning advice.

 
Capital and Counties Plc and Another v Hampshire County Council; Etc Times, 20 March 1997; [1997] QB 1004; [1997] 3 WLR 342
20 Mar 1997
CA
Stuart Smith LJ
Negligence, Local Government
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler system, but on arrival a fire brigade officer gave instructions for the sprinkler system to be shut down. This led to the fire rapidly spreading out of control and the premises were destroyed. If the sprinkler system had been left on and the fire brigade had otherwise acted as it did to combat the fire, the premises would not have been destroyed. On another, the fire brigade was called to the scene of some fires on waste land near to the claimants' industrial premises in London. When the fire brigade arrived the fires had already been extinguished. After checking that there was no evidence of any continuing danger the fire brigade left. Later a fire broke out at the claimants' premises. In the last case, the fire brigade was called to a fire at a chapel in Yorkshire. The water hydrants near the premises either failed to work or the officers were unable for a long time to locate them, and so water had to be fetched from a dam half a mile away. It should have been possible to contain the fire, but as a result of the water shortage the whole building was destroyed. Held: The court upheld the claim against Hampshire, but dismissed the other two.
Under the 1947 Act, the fire authorities had a stautory duty to secure the services for their area of a fire brigade and equipment, such as necessary to meet efficiently all normal requirements, and to take all reasonable measures to ensure that an adequate supply of water was available for use in case of fire.
The fire brigade may be liable in negligence for consequences of a fire if their actions made a fire worse despite the general rule against such liability. "In our judgment the fire brigade are not under a common law duty to answer the call for help, and are not under a duty to take care to do so. If, therefore, they fail to turn up, or fail to turn up in time, because they have carelessly misunderstood the message, got lost on the way or run into a tree, they are not liable."
Fire Services Act 1947
1 Cites

1 Citers



 
 Regina v Gloucestershire County Council and Another, Ex Parte Barry; HL 21-Mar-1997 - Gazette, 09 April 1997; Times, 21 March 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
 
Keith Trevor Barrett v London Borough of Enfield Times, 22 April 1997; [1999] 3 WLR 79; [1997] EWCA Civ 1330
25 Mar 1997
CA
The Master Of The Rolls (Lord Woolf) Lord Justice Evans Lord Justice Schiemann
Professional Negligence, Local Government, Vicarious Liability
A Local Authority is only vicariously liable for the negligence of a social worker to a child in care.
1 Cites

1 Citers


 
Regina v Lambeth London Borough Council, ex Parte Wilson Gazette, 09 April 1997; Times, 25 March 1997
25 Mar 1997
CA

Costs, Local Government
An order making a council official personally liable for the costs of an action would usually be inappropriate, but not always.

 
Regina v Sefton Borough Council ex parte Help the Aged Times, 27 March 1997; [1997] EWHC Admin 338
26 Mar 1997
Admn

Health, Local Government
A Local Authority was entitled to look to its financial resources before setting the standards and levels of care it could provide.
National Assistance Act 1948 2(1)(a)
1 Citers



 
 Lambeth London Borough Council v Thomas; CA 31-Mar-1997 - Times, 31 March 1997; (1997) 30 HLR 89
 
Regina v London Borough of Newham ex parte Vadim Plastin [1997] EWHC Admin 350
10 Apr 1997
Admn

Local Government

National Assistance Act 1948 21(1)(a)
[ Bailii ]
 
Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon [1997] EWHC Admin 393; [1998] Env LR 111
18 Apr 1997
Admn
Sedley J
Judicial Review, Local Government, Planning

1 Cites

1 Citers

[ Bailii ]
 
Regina v East Sussex County Council ex parte Beth Tandy [1997] EWHC Admin 401
23 Apr 1997
Admn

Education, Local Government

1 Cites

1 Citers

[ Bailii ]
 
Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe) Times, 07 May 1997; [1997] EWHC Admin 422
28 Apr 1997
Admn

Benefits, Local Government, Local Government
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.
National Assistance Act 1948 - National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977)
[ Bailii ]
 
Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe) Times, 07 May 1997; [1997] EWHC Admin 422
28 Apr 1997
Admn

Benefits, Local Government, Local Government
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.
National Assistance Act 1948 - National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977)
[ Bailii ]
 
Phillips and Others v Magill and others [1997] EWHC Admin 434
1 May 1997
Admn

Local Government

1 Cites

1 Citers

[ Bailii ]
 
Morgan Grenfell and Company Ltd v Welwyn Hatfield District Council v Council of London Borough of Islington [1997] EWCA Civ 1649
8 May 1997
CA

Local Government

[ Bailii ]
 
Regina v London Borough of Newham ex parte Gorenkin [1997] EWHC Admin 463
13 May 1997
Admn

Local Government, Benefits, Immigration

National Assistance Act 1948 21

 
Regina v Teesside Development Corporation ex parte William Morrison Supermarkets Plc and ex parte Redcar and Cleveland Borough Council [1998] JPL 23; [1997] EWHC Admin 481
16 May 1997
Admn
Sedley J
Local Government, Planning
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.
1 Citers

[ Bailii ]
 
Regina v Camden London Borough Council, Ex Parte Mohammed Gazette, 17 September 1997; Times, 20 June 1997; [1997] EWHC Admin 502; [1997] 30 HLR 315
23 May 1997
Admn
Latham J
Housing, Local Government
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.
Housing Act 1996 188(3)
1 Citers

[ Bailii ]
 
Regina v London Borough of Lambeth ex parte Caddell Times, 30 June 1997; [1997] EWHC Admin 535; [1998] 1 FLR 253; [1998] Fam Law 20; [1998] 2 FCR 6
9 Jun 1997
Admn

Children, Local Government
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.
Children Act 1989 24(2)
1 Citers

[ Bailii ]
 
Regina v Bow Street Magistrates Court and Westminster City Council ex parte Mcdonald Times, 11 July 1997; [1997] EWCA Civ 1823
10 Jun 1997
CA

Local Government
Council had statutory defence to a claim for wrongful confiscation of busker's instruments when acting under appropriate powers.
Local Government Act 1963 S12 12C 42(2)
[ Bailii ]
 
Regina v North Yorkshire County Council Ex Parte Hargreaves Times, 12 June 1997
12 Jun 1997
QBD

Health, Local Government, Benefits
The local authority's duty to facilitate holidays for the disabled includes the power to fund the basic cost of such holidays.
Chronically Sick and Disabled Persons Act 1970
1 Cites



 
 O'Rourke v Mayor etc of the London Borough of Camden; HL 12-Jun-1997 - [1997] UKHL 24; [1997] 3 WLR 86; [1998] AC 188; [1997] 3 All ER 23

 
 Merrill Lynch Capital Services Inc v The Municipality of Piraeus and The Bank of Tokyo; Mitsubishi Bank Ltd and Others v The Municipality of Piraeus; ComC 18-Jun-1997 - [1997] 6 Bank LR 241; [1997] CLC 1214
 
Regina v Barnet Justices ex parte Ribbans [1997] EWHC Admin 566
18 Jun 1997
Admn
Mr Justice Laws
Local Government, Taxes - Other, Magistrates, Costs
The applicant was an elderly illiterate lady. The magistrates had found that she had culpably neglected to pay her community charge. A suspended sentence of imprisonment was first imposed, and then effected in her absence. Held the Magistrates were under an obligation to enquire as to the adequacy of the service by recorded delivery. Costs were ordered against the magistrates despite their having only filed affidavit evidence.
1 Cites


 
Hurst and Another v Hampshire County Council Times, 26 June 1997; [1997] EWCA Civ 1901; (1997) 96 LGR 27
19 Jun 1997
CA

Nuisance, Local Government, Land
A Local Authority is liable for any damage caused by the roots of a tree growing on the verge of a public highway.
1 Citers

[ Bailii ]

 
 Cross v Kirklees Metropolitan Borough Council; CA 27-Jun-1997 - Times, 10 July 1997; [1997] EWCA Civ 1986; [1998] 1 All ER 564
 
Regina v KPMG (External Auditor of Preston Borough Council) and Preston Borough Council ex parte Joseph Mcgrath [1997] EWHC Admin 604
30 Jun 1997
Admn

Local Government

[ Bailii ]
 
Regina v Yorkshire Purchasing Organisations, Ex Parte British Educational Suppliers Association Times, 10 July 1997
10 Jul 1997
CA

Local Government
Local Authority can collect and store goods for resale to a public body, but has no power to procure goods on request for commission.
Local Authority (Goods and Services) Act 1970 1(1)(a)

 
Regina v Cheshire County Council ex Benjamin Phillip Allcock (By His Father and Next Friend David Malcolm Allcock) [1997] EWHC Admin 689
16 Jul 1997
Admn

Local Government, Health

[ Bailii ]
 
Regina v London Borough of Newham ex parte Ayse Hassan [1997] EWHC Admin 697; [1996] 29 HLR 378
17 Jul 1997
Admn

Housing, Local Government

1 Citers

[ Bailii ]

 
 Stirling Council and Another v Local Government Property Commission and Another; OHCS 18-Jul-1997 - Times, 18 July 1997
 
South Lanarkshire Council v Secretary of State for Scotland Times, 21 July 1997
21 Jul 1997
OHCS

Local Government
Guidance in circular on compulsory competitive tendering to be construed by reading purpose of underlying legislation.

 
Regina v Chung Tak Lam Mary Lam Patricia Lam Christopher John Lam and Peter Brennan (T/a 'Namesakes of Torbay') and Borough of Torbay [1997] EWCA Civ 2247; [1997] PIQR P488
30 Jul 1997
CA
Potter, Brooke LJJ
Nuisance, Personal Injury, Planning, Local Government
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private right of action for a breach of statutory duty. The claim failed.
Town and Country Planning Act 1990 29 - Environmental Protection Act 1990 Part III - Public Health Act 1936 91
1 Cites

1 Citers

[ Bailii ]
 
Regina v Sefton Metropolitan Borough Council ex parte Help Aged ex parte Charlotte Blanchard [1997] EWCA Civ 2265; (1997) 1 CCLR 57; [1997] 4 All ER 532; [1997] 38 BMLR 135
31 Jul 1997
CA

Health, Local Government

1 Cites

1 Citers

[ Bailii ]
 
Regina v Aylesbury Vale District Council and Another; Ex Parte Chaplin and Others Times, 19 August 1997; [1997] EWCA Civ 2262; [1998] JPL 49; (1998) 76 P & CR 207; [1997] 3 PLR 55
19 Aug 1997
CA

Planning, Local Government
A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused.
Town and Country Planning Act 1970 78
1 Cites

1 Citers

[ Bailii ]
 
Regina v Blackpool Borough Council ex parte Livesley [1997] EWCA Civ 2309
21 Aug 1997
CA

Local Government, Housing

[ Bailii ]

 
 Maddox v Thurrock Borough Council; Admn 19-Sep-1997 - HC Admin 815
 
Regina v Powys County Council ex parte Jenny Diane Hambidge Times, 05 November 1997; [1997] EWHC Admin 842
7 Oct 1997
Admn

Health, Local Government
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.
Chronically Sick and Disabled Persons Act 1970 - Health and Social Services and Social Security Adjudications Act 1983 17(2)
[ Bailii ]
 
Regina v Blackburn Borough Council ex parte Mohammed Molvi [1997] EWHC Admin 909
22 Oct 1997
Admn

Local Government, Housing
Entitlement to housing grant.
Local Government and Housing Act 1989 116
[ Bailii ]
 
Wendell Tsao v Secretary of State for Environment and City of Westminster [1997] EWHC Admin 967
3 Nov 1997
Admn

Land, Local Government
Appeal against compulsory purchase order - no grounds shown in law.
[ Bailii ]

 
 Gregory v Portsmouth City Council; CA 5-Nov-1997 - Times, 26 November 1997; Gazette, 03 December 1997; [1997] EWCA Civ 2645
 
Green Street Action Group Limited v Mayor and Burgesses of London Borough of Newham [1997] EWHC Admin 979
5 Nov 1997
Admn

Road Traffic, Local Government

Road Traffic Regulation Act 1984
[ Bailii ]
 
Regina v Hackney London Borough Council Ex Parte Adebiri; Regina v Merton London Borough Council Ex Parte Inparaja; Regina v Same Ex Parte Parupathpilli Etc Times, 05 November 1997
5 Nov 1997
QBD

Local Government
A Local Authority may sue for council tax even though it is entirely aware that the council tax payer is without either assets or income because of his position as an asylum seeker.
Council Tax (Administration and Enforcement) Regulations 1992 613

 
Regina v Royal Borough of Kensington and Chelsea ex parte Sir Evelyn De Rothschild [1997] EWHC Admin 989
7 Nov 1997
Admn

Local Government
Alleged failure of chair of planning committee to declare financial interest in application before the committee.
[ Bailii ]
 
Regina v Somerset County Council ex parte Prospect Care Services Limited [1997] EWHC Admin 997
10 Nov 1997
Admn

Local Government, Licensing

Children Act 1989 109
[ Bailii ]

 
 Stretch v West Dorset District Council; CA 10-Nov-1997 - Gazette, 03 December 1997; Times, 27 November 1997; [1997] EWCA Civ 2692; (1998) 77 P&CR 342
 
Northampton Borough Council v Robert Kelvin Lovatt and Margaret Rose Lovatt [1997] EWCA Civ 2693; [1997] EWCA Civ 2693
11 Nov 1997
CA
Lord Justice Henry, Lord Justice Pill, Lord Justice Chadwick
Local Government, Landlord and Tenant, Housing
The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants' children as 'conduct which is a nuisance or annoyance to neighbours' The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the section. Held: Under Simmonds the parents were responsible for the acts of their children. The acts had not however occurred on the premises subject to the order. By a majority, the acts need not occur on the premises.
Housing Act 1985 84(1) Schedule 2
1 Cites

[ Bailii ]
 
Hayes v Humberside Valuation Tribunal and Kingston Upon Hull City Council [1997] EWCA Civ 2708
13 Nov 1997
CA

Local Government, Rating

Local Government Finance Act 1992
[ Bailii ]
 
Regina v Hampshire County Council ex parte H [1997] EWHC Admin 1020; [1999] 2 FLR 359
17 Nov 1997
Admn

Children, Local Government

1 Cites

1 Citers

[ Bailii ]

 
 Regina v London Borough of Merton ex parte Inparaj and Nardarajah; London Borough of Merton ex parte Parupathpill; London Borough of Hackney ex parte Adebiri; CA 19-Nov-1997 - [1997] EWCA Civ 2769
 
Kent County Council v Upchurch River Valley Golf Course Limited [1997] EWHC Admin 1035
21 Nov 1997
Admn

Land, Local Government
The defendants had been acquitted of obstructing a public highway across their golf course. The authority appealed. Held: The obstruction was deliberate. If the defendants wanted to challenge the status of the pathway on the definitive map, then they should do so by proper means.
Highways Act 1990 130
1 Cites

[ Bailii ]
 
Regina v London Borough of Newham ex parte Medical Foundation of Care of Victims of Torture and Others [1997] EWHC Admin 1128
12 Dec 1997
Admn

Local Government, Immigration, Benefits

National Assistance Act 1948 21
[ Bailii ]
 
Killoran v Wokingham District Council [1997] EWCA Civ 2989; [1997] EWCA Civ 2989
15 Dec 1997
CA
Lord Justice Beldam Lord Justice Peter Gibson Lord Justice Schiemann
Planning, Torts - Other, Local Government
The appellant appealed refusal of permission for change of use. He had a farm which also had permission for alteration to a dwelling. He wanted to open an equestrian centre. The planning committee originally granted the request, but one member later sought to reverse the decision, and achieved it. The applicant's claim for misfeasance in public office by the defendant Council was struck out as disclosing no reasonable cause of action. Held: The claimant had failed properly to plead his claim despite having several opportunities. He had not shown express or other malice
[ Bailii ]
 
Regina v Bromsgrove District Council ex parte Dennis Cyril Norton and William John Kings [1997] EWHC Admin 1130
15 Dec 1997
Admn

Local Government
Challenge to appropriation of land enjoyed as recreation land to use for arts centre.
Local Government Act 1972 122
[ Bailii ]
 
Wendy Waple v Surrey County Council Times, 29 December 1997; Gazette, 04 February 1998; [1997] EWCA Civ 3032; [1997] EWCA Civ 3033
17 Dec 1997
CA

Defamation, Local Government
The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but the claimant sought damages. She appealed an order striking out her claim on the basis that the statement was privileged. Held: The statement was made in the course of a procedure which was short of court proceedings being started. The authority said that its conduct of child care proceedings would be severely hampered if such statements could not be communicated between the parties' legal representatives. Letters written by a solicitor in the performance of his or her duties to a client of the firm attract qualified privilege. Absolute privilege could not be extended similarly. Appeal allowed.
Children Act 1989 Sch 2 Part III
1 Cites

[ Bailii ] - [ Bailii ]
 
Regina v Brentwood Borough Council Ex Parte Peck Times, 18 December 1997; [1997] EWHC Admin 1041
18 Dec 1997
Admn
Harrison J
Intellectual Property, Judicial Review, Local Government, Media
The claimant sought judicial review of the authority's distribution to the media of a CCTV film of his attempted suicide. Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection.
Criminal Justice and Public Order Act 1994 111
1 Citers

[ Bailii ]
 
Porter; Weeks; Hartley; England and Phillips v Magill [1997] EWHC Admin 1170
19 Dec 1997
Admn

Local Government

1 Cites

1 Citers

[ Bailii ]
 
Regina v Newham London Borough Council, Ex Parte Medical Foundation for the Care of Victims of Torture and Others Times, 26 December 1997
26 Dec 1997
QBD

Benefits, Local Government, Housing
The requirement to provide accommodation did not necessarily include a requirement for provision of board. Any such requirement must be justified by some other section of the Act.
National Assistance Act 1948 Part III

 
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