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: 1998 To: 1998
This page lists 53 cases, and was prepared on 02 April 2018.
Regina v Gloucestershire County Council ex parte Radar; Admn 1998 - [1998] 1 CCLR 477
Regina v Lambeth London Borough Council ex parte Eckpo-Wedderman [1998] 31 HLR 498
1998
Laws J
Housing, Local Government
The court considered the matters to be taken into account by a local authority when setting its housing policy: "I do not believe that a local housing authority, considering (as it is right that it should) whether to meet a particular and perhaps unusual need by acquiring property on the open market, is obliged to disregard the cost of doing so."
1 Citers
Wandsworth London Borough Council v Lloyd Times, 06 January 1998
6 Jan 1998
QBD
Local Government
The ability to order outward opening doors to be changed allowed order to change doors though they had been installed before the Act giving the power came in.
Highways Act 1980 153(2)
Dame Porter; Weeks; Hartley; England and Phillips v Magill; Admn 12-Jan-1998 - [1998] EWHC Admin 4
Regina v London Borough of Enfield ex parte P A J Brown [1998] EWHC Admin 29
19 Jan 1998
Admn
Local Government
Local Government Act 1972 122
[ Bailii ]
Regina v Norfolk County Council ex parte D E Thorpe [1998] EWHC Admin 107
29 Jan 1998
Admn
Local Government
The court considered an alleged breach of duty to provide and maintain a footpath by highway authority.
Highways Act 1980 66(1)
[ Bailii ]
Regina v Commissioner for Local Administration ex parte David Turpin and Lynda Turpin [1998] EWHC Admin 97
29 Jan 1998
Admn
Moses J
Planning, Local Government
[ Bailii ]
Barnard v Restormel Borough Council; CA 6-Feb-1998 - [1998] EWCA Civ 173
Regina v Norfolk County Council Ex Parte Thorpe Times, 09 February 1998
9 Feb 1998
QBD
Land, Local Government
When considering the need to provide a footpath by side of a new road, the Highway Authority may take into account its own financial constraints.
Highways Act 1980 66
Richard Albon v Railtrack Plc; Basildon District Council v Railtrack Plc Times, 27 February 1998; [1998] EWHC Admin 162
10 Feb 1998
Admn
Environment, Local Government
A notice requiring the removal of a rat infestation was effective though it had only been signed by a member of the staff of the local authority.
Prevention of Damage by Pests Act 1949
[ Bailii ]
Richardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane; CA 12-Feb-1998 - Times, 10 April 1998; [1998] EWCA Civ 226; [1998] ELR 319
Regina v Secretary of State for Environment ex parte Oxford City Council [1998] EWCA Civ 279
18 Feb 1998
CA
Local Government
[ Bailii ]
Regina v Brentwood Borough Council Ex Parte Peck [1998] EWCA Civ 296
19 Feb 1998
CA
Local Government, Media
1 Cites
[ Bailii ]
S v Newham London Borough Council; CA 24-Feb-1998 - Times, 05 March 1998; Gazette, 18 March 1998; [1998] EWCA Civ 339; [1998] 1 FLR 1061; [1998] EMLR 583
Guinness Mahon and Co Ltd v Kensington and Chelsea London Borough Council Gazette, 18 March 1998; Gazette, 01 April 1998; Times, 02 March 1998; [1998] EWCA Civ 294; [1998] 2 All ER 272; [1999] QB 215
2 Mar 1998
CA
Local Government, Financial Services
Where a local authority entered into a loan agreement outside its powers, the agreement was void ab initio, not merely voidable, and all moneys paid could be reclaimed.
1 Citers
[ Bailii ]
Rochester Upon Medway City Council v Kent County Council Times, 05 March 1998; Gazette, 16 April 1998
5 Mar 1998
QBD
Local Government
A council had no power to contribute to another highway authority's costs of maintaining existing highway schemes; 'expenditure' was highway authority's, and the transfer was ultra vires.
Highways Act 1980 274
Regina v Secretary of State for the Environment Ex Parte Bury Metropolitan Borough Council Times, 05 March 1998
5 Mar 1998
CA
Local Government
An order to a local authority requiring it to re-open a tender did not infringe any private right of the authority under European law.
Council Directive 92/50/EEC (OJ L209/1)
Regina v Ealing London Borough Council Ex Parte Fox (Anthony) Gazette, 18 March 1998; Times, 09 March 1998
9 Mar 1998
QBD
Housing, Local Government
Voluntary work can be a sufficient local connection to warrant a claim for a homeless person for re-housing in the authority's area.
Housing Act 1985 61(1)(b)
Regina v Local Government Ombudsman ex parte Thompson-Holland [1998] EWHC Admin 302
11 Mar 1998
Admn
Local Government
[ Bailii ]
Regina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden; HL 12-Mar-1998 - Times, 13 March 1998; [1998] 1 WLR 615; (1998) 28 HLR 321; [1998] UKHL 10; [1998] 1 All ER 937
Regina v Secretary of State for Environment ex parte E Hugh Mcclorry [1998] EWHC Admin 369
27 Mar 1998
Admn
Local Government, Employment
Local Government Superannuation Regulations 1986 E2(1)(b)(i)
[ Bailii ]
W 1-6 v Essex County Council and Another Times, 09 April 1998; Gazette, 20 May 1998; [1998] 3 WLR 534; [1998] EWCA Civ 614; [1998] 3 All ER 111
2 Apr 1998
CA
Negligence, Local Government, Employment
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.
Foster parents sued the council for breach of contract and for alleged negligence for breach of duty of care. Held: There was no contractual relationship between the foster parents and the local authority. "although the Specialist Foster Carer Agreement had a number of features which one would expect to find in a contract, such as the payment of an allowance and expenses, provisions as to National Insurance, termination and restriction on receiving a legacy or engaging in other gainful employment and other matters to which the judge referred... I do not accept that this makes the agreement a contract in the circumstances of this case. A contract is essentially an agreement that is freely entered into on terms that are freely negotiated. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their most important respects, there is no contract"
Race Relations Act 1976
1 Cites
1 Citers
[ Bailii ]
Regina v London Borough of Lambeth ex parte Foran [1998] EWCA Civ 753
30 Apr 1998
CA
Benefits, Housing, Local Government
[ Bailii ]
Jackson v Daventry District Council [1998] EWHC Admin 476
1 May 1998
Admn
Local Government, Planning
1 Cites
[ Bailii ]
Regina v Wakefield Metropolitan District Council ex parte Nicholas Bulmer [1998] EWHC Admin 482
1 May 1998
Admn
Local Government
[ Bailii ]
Regina v Wakefield Metropolitan District Council ex parte Nicholas Bulmer [1998] EWHC Admin 481
1 May 1998
Admn
Local Government, Land
[ Bailii ]
Regina v Broxbourne Borough Council ex parte Linda Edwards [1998] EWHC Admin 506
8 May 1998
Admn
Housing, Local Government
[ Bailii ]
Yale v South Lanarkshire Council Times, 18 May 1998
18 May 1998
OHCS
Benefits, Health, Local Government, Scotland
When assessing capital for purposes of providing long term care in residential or Nursing home, a local authority may include notional capital of home given away more than six months previously, in this case in return for a life interest.
National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977) 25
T (a Minor), In Re 1997; HL 20-May-1998 - [1998] UKHL 20
In the Matter of Local Government Finance Act 1992 and In the Matter of 110 Parklands Rochford Essex [1998] EWHC Admin 579
21 May 1998
Admn
Local Government, Rating
Local Government Finance Act 1992 - Council tax (Alterations of Lists and Appeals) Regulations 1993 (1993 No 290)
[ Bailii ]
Regina v East Sussex County Council Ex Parte Tandy Times, 21 May 1998; Gazette, 01 July 1998; Gazette, 17 June 1998; [1998] AC 714
21 May 1998
HL
Lord Browne-Wilkinson
Education, Local Government
A Local Authority may not take its own financial constraints into account when assessing what was an appropriate education for a child in special needs case. It was wrong to try to turn a statutory duty into a power or a discretion. Ordinarily cost, where relevant, will be a matter to be taken into account by a local authority when considering its response to an assessed need rather than at the stage of assessment. It is desirable to keep these two stages separate. Neither the cost of providing accommodation nor the availability of resources have any bearing on what is or is not reasonably practicable as to permit this would downgrade the duty into a discretionary power.
Education Act 1996 19(1)
1 Cites
1 Citers
Regina v London Borough of Lambeth ex parte Alan Frank Willis [1998] EWHC Admin 652
19 Jun 1998
Admn
Licensing, Local Government
[ Bailii ]
In the Matter of an Application for Judicial Review R v Commissioner for Local Administration ex parte David Turpin and Lynda Turpin [1998] EWCA Civ 1052
22 Jun 1998
CA
Local Government, Planning
[ Bailii ]
Regina v Powys County Council ex parte Jenny Diane Hambridge Times, 20 July 1998; Gazette, 26 August 1998; [1998] EWCA Civ 1143; [1998] 1 CCLR 458
2 Jul 1998
CA
Health, Benefits, Local Government
Statutory extensions of the council's duty to provide new kinds of care, did not take away the authority's power to charge for services given under the original section. The council may charge for community care services in the home provided to disabled person. Subsection (2) states that the section applies to services provided under a number of listed enactments, and it also applies to services provided under the 1970 Act even though the 1970 Act is not specifically listed.
Health and Social Services and Social Security Adjudications Act 1983 - Chronically Sick and Disabled Persons Act 1970
1 Citers
[ Bailii ]
Regina v Leeds City Council ex parte Maloney and Others [1998] EWHC Admin 705
3 Jul 1998
Admn
Scott Baker J
Land, Local Government
The claimant traveller sought leave to bring judicial review proceedings of a decision of the respondent local authority to seek possession of land occupied by them, the authority not having considered its humantarian duties to the claimant.
[ Bailii ]
Bromsgrove District Council v Michael Richard Powers [1998] EWHC Admin 755
16 Jul 1998
Admn
Licensing, Local Government, Road Traffic
The authority appealed against the magistrates' decision to renew a private hire operator's licence against its own wishes. The licensee no longer opertaed any cars under the licence itself but instead all business was conducted under care operated within the licence from a neighbouring authority.
Local Government (Miscellaneous Provisions) Act 1976 55 46(1)
[ Bailii ]
Regina v Tameside Magistrates Court and Tameside Metropolitan Borough Council ex parte Coleman and Davenport [1998] EWCA Civ 1268
22 Jul 1998
CA
Magistrates, Local Government, Torts - Other
Allegations of malicious prosecution against local authorities for seeking and obtaining wrongful orders committing the claimants to prison for non-payment of Community Charge.
Community Charges (Administration and Enforcement) (Amendment) Regulations 1989
[ Bailii ]
Prankerd, Regina (On the Application of) v The Carrick District Council [1998] EWHC 2005 (QB); [1999] QB 1119; [1999] 2 WLR 489; [1998] 2 Lloyd's Rep 675
24 Jul 1998
QBD
Lightman J
Local Government, Transport
The court considered the unresolved question as to the statutory power of a harbour authority to distrain for non-payment of mooring charges in respect of a private yacht.
[ Bailii ]
Regina v Carrick District Council ex parte Prankerd Gazette, 03 September 1998; [1998] EWHC Admin 776
24 Jul 1998
Admn
Local Government
Mooring charges were not properly described as 'ship's dues,' and a local harbour authority had no power to distrain on a yacht moored in the harbour for such charges. Judicial review succeeded.
Harbour Act 1964 26(3) - Harbour, Docks and Piers Act 1847 44
[ Bailii ]
Regina v Croydon London Borough Council ex parte Gou; Admn 21-Aug-1998 - [1998] EWHC Admin 853
Ahmed And Others v The United Kingdom; ECHR 2-Sep-1998 - Times, 02 October 1998; 22954/93; [1998] ECHR 78
Regina v Birmingham City Council ex parte Patrick Mccrossan [1998] EWHC Admin 875
10 Sep 1998
Admn
Local Government, Housing
[ Bailii ]
In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure); CA 8-Oct-1998 - Times, 09 October 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1502; [1999] 1 FLR 267
Regina v Middlesborough Justices ex parte Lisa Marie Readshaw [1998] EWHC Admin 973
16 Oct 1998
Admn
Taxes - Other, Local Government, Magistrates
Community Charge - non-payment.
[ Bailii ]
Regina v London Borough of Barnet ex parte Foran [1998] EWCA Civ 1661
2 Nov 1998
CA
Children, Local Government
Children Act 1989 17
[ Bailii ]
Regina v London Borough of Enfield ex parte Demirgi [1998] EWHC Admin 1046
5 Nov 1998
Admn
Local Government
[ Bailii ]
Weeks v Magill and Porter v Magill; CA 5-Nov-1998 - [1998] EWCA Civ 1702
Regina v Commissioner for Local Administration ex parte S [1998] EWHC Admin 1062; CO/2088/97
11 Nov 1998
Admn
Collins J
Local Government
Collins J said: "So far as injustice is concerned, it is clearly not enough that the Applicant feels that she has been unfairly treated and so has suffered an injustice. The law permits the Commissioner to find maladministration without injustice. Therefore, it is a trite observation to say that it must follow that the mere finding of maladministration cannot mean that there must be injustice as well. It . . must be established that there is some prejudice to the Applicant before a finding of injustice can properly be made. That prejudice may be no more than the loss of an opportunity . . and certainly it is not required that any particular damage be established. Indeed it is quite plain that the word 'injustice' was used with a view to indicating something wider than is covered by the concept of damage and also perhaps to avoid the need to delve into questions of causation which might otherwise arise in certain cases."
1 Citers
[ Bailii ]
Regina v Bournemouth Borough Council ex parte Liam Mccann [1998] EWHC Admin 1070
16 Nov 1998
Admn
Local Government, Licensing
Sex shop.
[ Bailii ]
Slot v East Hants District Council [1998] EWCA Civ 1778
17 Nov 1998
CA
Local Government, Litigation Practice
The claimants appealed the district judge's decision to rescind the reference to arbitration. Held: A point of law had arisen, and the decision made was one the judge could make of his own volition, and therefore no notice had been required.
1 Cites
[ Bailii ]
Regina v North and East Devon Health Authority ex parte Coughlan; Admn 11-Dec-1998 - Times, 29 December 1998; [1998] EWHC Admin 1134
Hinckley and Bosworth Borough Council v Shaw [1998] EWHC 2007 (QB); (1999) 1 LGLR 385; [2000] BLGR 9
21 Dec 1998
QBD
Bell J
Local Government, Employment, Professional Negligence
[ Bailii ]
Regina v Hammersmith and Fulham London Borough Council ex parte Damoah Times, 31 December 1998; Gazette, 13 January 1999
31 Dec 1998
QBD
Children, Local Government, Benefits
A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child's long terms interests could properly be served by such assistance.
Children Act 1989 Part III