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: 2003 To: 2003
This page lists 68 cases, and was prepared on 02 April 2018.
Porter v United Kingdom (2003) 37 EHRR CD 8
2003
ECHR
Human Rights, Local Government
A large surcharge imposed on the applicant was compensatory, not punitive. The criminal limb of article 6 was not engaged.
European Convention on Human Rights 6
1 Cites
1 Citers
Regina (Bedford) v London Borough of Islington [2003] Env LR 22
2003
Local Government
1 Citers
Roe v Sheffield City Council and others Times, 24 January 2003; [2003] EWCA Civ 1; [2004] QB 653; [2003] BLGR 389; [2003] 2 WLR 848
17 Jan 2003
CA
Pill, Sedley, Hale LJJ
Transport, Local Government, Personal Injury
The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating the effects of the 1870 Act. Held: The 1988 Act did not provide a full statement of the defendant's liability so as to exclude their liability under the 1980 Act. The standard of maintenance was defined by reference to safety. A small difference may be safe, but the rail stood sufficiently proud of the roadway to lift the tyre from the roadway and break its grip. The 1988 Act shifted responsibility to the tramway operator within the initial 12 months of operation.
Tramways Act 1870 25 28 - South Yorkshire Light Rail Transit Act 1988 - Highways Act 1980 41
1 Cites
1 Citers
[ Bailii ]
Comninos, Regina (on the Application Of) v Bedford Borough Council and others [2003] EWHC 121 (Admin)
24 Jan 2003
Admn
Local Government
[ Bailii ]
Luck T/A G Luck Arboricultural and Horticultural v London Borough of Tower Hamlets [2003] EWCA Civ 52
30 Jan 2003
CA
Lord Justice Mummery, Lord Justice Rix, Lord Justice Judge
Local Government, European, Torts - Other
The claimant said he had been wrongfully excluded from tendering for work by the respondent under the Regulations. He had worked for the respondent as a contractor for many years. He complained that a reference provided by one of the decision makers was inaccurate, and given in bad faith. Held: The papers had failed to raise within the time limit set, the issue of contravention of the regulations. Accordingly it was time barred. The regulation was not invalid under European law. The claimant had failed to show bad faith in such a way as to allow a claim for misfeasance in public office.
Public Services Contracts Regulations 1993 (SI 1993 no 3328) - Council Directive 92/50/EEC
[ Bailii ]
Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening); HL 13-Feb-2003 - [2003] UKHL 5; [2003] 1 All ER 739; Gazette, 03 April 2003; [2003] 2 WLR 388; [2003] 2 AC 430; [2003] ACD 41; [2003] NPC 21; [2003] HRLR 16; [2003] HLR 32; [2003] UKHRR 419; [2003] BLGR 205; 14 BHRC 400; [2003] Hous LR 20
Regina (Goodman and Another) v Lewisham London Borough Council Times, 21 February 2003; [2003] EWCA Civ 140; Gazette, 03 April 2003; [2003] JPL 1309
14 Feb 2003
CA
Brooke, Buxton, LJJ, Morland J
Environment, Planning, Local Government
Claimants challenged the grant of planning consent for the construction of a storage and distribution facility without first undertaking an environmental impact assessment. Held: The local authority had concluded that the project could not be encompassed by the phrases 'infrastructure project' or 'urban development project'. Whilst there migt be some scope for disagreement, that did not mean that a decision could only be challenged by way of review as to its Wednesbury unreasonableness. If in law the interpretation was incorrect, the judge had a duty to correct it, and that did not involve such considerations, though the issue might arise later. The interpretation was outside the range of reasonable responses, and the appeal was allowed.
Town and Country Planning (Environmental Impact Assessment) Regulations 1999 (1999 No 293) Sch 2 10(b)
1 Cites
1 Citers
[ Bailii ]
AB X and Y, Regina (on the Application of) v East Sussex County Council and Another [2003] EWHC 167 (Admin)
18 Feb 2003
Admn
Munby J
Local Government, Benefits, Human Rights
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to essential economic and social activities and to an appropriate range of recreational and cultural activities.
National Assistance Act 1948 29 - Chronically Sick and Disabled Persons Act 1970 2 - National Health Service and Community Care Act 1990 47 - European Convention on Human Rights 8
1 Cites
1 Citers
[ Bailii ]
Peart v Secretary of State for Transport, Local Government and the Regions [2003] EWCA Civ 295
25 Feb 2003
CA
Land, Local Government
[ Bailii ]
The London Borough of Barking and Dagenham v Watts [2003] EWHC 263 (Ch); Times, 11 March 2003; Gazette, 09 May 2003
26 Feb 2003
ChD
The Hon Mr Justice Jacob
Local Government
The applicant local authority appealed a finding by the pensions ombudsman that it was unlawful for it to have stopped paying to the respondent the enhanced part of her pension benefits. Held: The enhanced pension scheme was not unlawful, since it satisfied perfectly proper requirements of the applicant. Being intra vires, the authority was bound by its agreement to pay it. The argument that the scheme was unlawful as being no more than an additional payment for services already provided, was unsuccessful.
1 Cites
[ Bailii ]
Rowe, Regina (on the Application of) v Vale of White Horse District Council [2003] 1 Lloyds Rep 418; [2003] EWHC 388 (Admin)
7 Mar 2003
Admn
The Hon Mr Justice Lightman
Utilities, Local Government, Equity
The local council sought to claim payment for sewerage services enjoyed by a householder. Held: Where a supplier has supplied services to another and there is no contractual relationship in existence, the law may afford to the supplier restitutionary remedy. Lightman J said: "there are four essential ingredients to a claim in restitution:
(i) a benefit must have been gained by the defendant;
(ii) the benefit must have been obtained at the claimant's expense;
(iii) it must be legally unjust, that is to say there must exist a factor (referred to as an unjust fact) rendering it unjust, for the defendant to retain the benefit;
(iv) there must be no defence available to extinguish or reduce the defendant's liability to make restitution."
1 Cites
1 Citers
[ Bailii ]
G and others v Local Authority X; Re G (Care: Challenge to Local Authority's Decision) [2003] EWHC 551 (Fam); [2003] 2 FLR 42
24 Mar 2003
FD
Munby J
Children, Local Government, Human Rights
"procedural fairness is something mandated not merely by Article 6, but also by Article 8."
European Convention on Human Rights 6 8
1 Citers
[ Bailii ]
Leeds City Council v Watkins, Whiteley Times, 09 April 2003; [2003] EWHC 598 (Ch)
25 Mar 2003
ChD
The Honourable Mr Justice Peter Smith
Licensing, Local Government
The authority sought to control local unlicensed Sunday markets. Held: The Acts gave the authority the right to run its own markets, and to license others. That right included in each case the right to prevent others competing within the area designated. An argument that a right to prosecute was a sufficient remedy and excluded a power to prevent a market operating did not work. This was a separate and self contained statutory scheme.
JohnLambert Neither arts 81 and 82 of the Treaty of Rome, nor s. 2 and s. 18 of the Competition Act 1998, prevent local authorities from enforcing their common law and statutory powers to regulate markets.
Part of the defence to a claim by the Council against operators of various car boot sales was that the authority had taken decisions, either on its own or in conjunction with other local councils who belonged to the National Association of British Market Authorities, that might affect trade, either within the UK or between the UK and other EC member states, so as to prevent or distort competition. The judge rejected that argument on the ground that neither the Association nor its member authorities were 'undertakings' within the meaning of art 81 EEC or s. 2 of the 1998 Act. Further, even if they had been 'undertakings', his lordship found no evidence of an agreement or concerted practice.
Similarly, the sale organisers had alleged that the City Council had abused a dominant position. Again, they failed to persuade his lordship that the Council had occupied a dominant position within the ECJ's definition in United Brands -v- Commission [1978] ECR 207. The judge found that even if it had been in a dominant position, the Council's conduct would not have amounted to abuse.
The intriguing aspect of this case is that it was decided entirely on the facts leaving open the possibility tat the arguments could still be good in law.
West Yorkshire Act 1980 - Leeds Corporation (Consolidation) Act 1905
[ Bailii ]
Butler, Regina (on the Application Of) v Bath and North East Somerset District Council and others [2003] EWHC 886 (Admin)
26 Mar 2003
Admn
Local Government, Planning, Housing
1 Cites
1 Citers
[ Bailii ]
Secretary of State for Work and Pensions v Chiltern District Council and Another [2003] EWCA Civ 508
26 Mar 2003
CA
Local Government, Benefits, Housing
Child Support, Pensions and Social Security Act 2000
[ Bailii ]
Local Government Auditor, Re Application By the [2003] NIQB 21
26 Mar 2003
QBNI
Northern Ireland, Local Government
[ Bailii ]
Partingdale Lane Residents' Association, Regina (on the Application of) v Barnet London Borough Council [2003] EWHC 947 (Admin)
2 Apr 2003
Admn
Rabinder Singh QC
Road Traffic, Local Government
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order. Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate predisposition or even giving strong weight to his own manifesto commitment that Partingdale Lane should be re-opened, and had predetermined the issue of principle as to its re-opening before consultation ever took place. That predisposition was not cured by subsequent council processes.
Road Traffic Regulation Act 1984 - Local Government Act 2000 10 11 13
1 Cites
1 Citers
[ Bailii ]
Regina (Haggerty and others) v St Helens Borough Council Times, 30 April 2003
8 Apr 2003
QBD
Judicial Review, Local Government
The claimants were residents in a private nursing home. As a result of the respondent's failure to increase fees, the home would have to close. They sought a review of the respondent's decision saying that it would infringe their rights to private and family life. Held: Applying Pretty, the court should give public authorities a wide area of discretion in finding a balance between the interests of the community and of an individual. The financial resources of the respondent were a proper consideration, and they were entitled to a substantial deference. The challenge failed.
1 Cites
Foster, Regina (on the Application of) v Eastbourne Borough Council [2003] EWHC 948 (Admin)
8 Apr 2003
Admn
Local Government
[ Bailii ]
Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis [2003] EWCA Civ 496; Times, 17 April 2003; Gazette, 19 June 2003
9 Apr 2003
CA
Lord Justice Peter Gibson Lord Justice Waller And Lord Justice Jonathan Parker
Housing, Local Government, Civil Procedure Rules
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly different. The court laid out a procedure to be followed which would allow substitution of the new landlord.
Civil Procedure Rules
1 Cites
[ Bailii ]
Haggerty and Others, Regina (on the Application of) v St Helens Council [2003] EWHC 803 (Admin)
11 Apr 2003
Admn
Local Government
[ Bailii ]
W, Regina (on the Application Of) v Oxfordshire County Council [2003] EWHC 953 (Admin)
15 Apr 2003
Admn
Children, Health, Local Government
[ Bailii ]
Richardson and Another, Regina (on the Application Of) v North Yorkshire County Council and others [2003] EWHC 764 (Admin)
15 Apr 2003
Admn
Richards J
Planning, Local Government
1 Cites
1 Citers
[ Bailii ]
Dudley and Another and Others, Regina (on the Application Of) v East Sussex County Council [2003] EWHC 1093 (Admin)
16 Apr 2003
Admn
Local Government
National Assistance Act 1948 - National Health Service and Community Care Act 1990
[ Bailii ]
Taylor, Regina (on the Application of) v Commission for Local Administration In England [2003] EWHC 1126 (Admin)
1 May 2003
Admn
Local Government
[ Bailii ]
Hijazi v Royal Borough of Kensington and Chelsea [2003] EWCA Civ 692
7 May 2003
CA
Housing, Local Government
[ Bailii ]
In re J (a Child) (Care Proceedings: Disclosure) Times, 16 May 2003; Gazette, 14 August 2003
9 May 2003
FD
Wall J
Children, Local Government, Information
A report had been prepared by the local authority into the way in which it had handled the proceedings. The guardian sought to inspect the report and the authority resisted, claiming public interest immunity. Held: The report had been prepared in connection with the matters underlying the proceedings. By virtue of the Act, the child's guardian had the right to inspect all such documents irrespective of any rule of law or enactment otherwise preventing disclosure. The child had been removed from the home and medically examined, but the mother had not been given the true reasons for the action. Later, before the guardian was appointed, the authority also misled the court. An order for disclosure had been made by the magistrates court, but resisted by the authority. Questions of Public Interest Immunity simply did not arise. Confidentiality would not be lost by disclosure to the guardian.
Children Act 1989 42(3)
1 Cites
Maiden Outdoor Advertising Ltd , Regina (on the Application Of) v Lambeth [2003] EWHC 1224 (Admin); [2004] JPL 820
9 May 2003
Admn
Collins J
Planning, Media, Local Government
Notices had been issued by the defendant local planning authority under section 11 of the 1995 Act. Held: The notices had to be quashed for several reasons. The court considered whether there was a deemed consent: "It seems to me that, as things stand, it is necessary to consider in relation to any particular site whether the provision of illumination does amount to a substantial alteration in the manner of the use of the site. It may or it may not, and that will depend upon the effect of the illumination in any particular case.
It is to be remembered that the approach under the Act, and under the Regulations, is that powers should be exercised only in the interests of amenity and public safety. If there is a deemed consent to an advertisement, it seems to me that it is relevant to consider, as things stand, whether the illumination does have an effect on amenity or does create a danger. If it does not in any way, it is difficult to see how it could properly be regarded within the context of the approach to construction that should be adopted of these Regulations as a substantial alteration.
It is pertinent in my judgment to have regard to the purpose behind the need for control, which is to further the interests of amenity and to avoid any danger. It may well be thought by Lambeth, and it may be perfectly reasonable so to believe, that the advertisements, even as they are, are contrary to amenity. That is a matter which may have to be considered in the future. But as the matter stands under the Regulations, there is nothing positive that could be done unless it can be established within the terms of Regulation 8 that there is a substantial effect on amenity, or a danger resulting from this. It would be right in those circumstances to consider whether the illumination creates any additional adverse effect."
London Local Authorities Act 1995 11
1 Citers
[ Bailii ]
Bantamagbari, Regina (on the Application Of) v Westminster City Council [2003] EWHC 1350 (Admin)
13 May 2003
Admn
Housing, Local Government
Housing Act 1996 184
[ Bailii ]
Pound v Ashford Borough Council Times, 06 June 2003; Gazette, 10 July 2003
16 May 2003
ChD
Laddie J
Land, Local Government
The claimant bought a house. The fact that it was a listed building was not recorded by the registers. As a consequence, a neighbour was permitted to develop his property. Held: The failure to register the status gave a right to compensation, but in fact the claimant had suffered no loss. Had the listing been recorded, he would have had to have paid more for the house.
Local Land Charges Act 1975 10(1)
Butler and Young Ltd v Bedford Borough Council [2003] EWHC 1289 (Admin)
20 May 2003
Admn
Local Government, Construction
Building Act 1984 55(1)
[ Bailii ]
Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others [2003] UKHL 26; Times, 23 May 2003; Gazette, 05 June 2003; Gazette, 10 July 2003; [2003] 2 WLR 1547; [2003] 2 AC 558
22 May 2003
HL
Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Hutton, Lord Scott of Foscote
Planning, Local Government, Human Rights
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but original, and it had a duty to assess each case on its merits. The remedy of an injunction, carrying the threat of imprisonment is personal to the proposed injunctee. The court was not bound to follow the views of the local authority in enforcing planning control, and the proposed injunction must be both just and proportionate. The balance between Roma and other parts of society will always be difficult to find.
Lord Bingham of Cornhill said: "When granting an injunction the court does not contemplate that it will be disobeyed . . Apprehension that a party may disobey an order should not deter the court from making an order otherwise appropriate: there is not one law for the law-abiding and another for the lawless and truculent."
Town and Country Planning Act 1990 187B
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Nwankwo, Regina (on the Application Of) v Hendon Magistrates' Court [2003] EWHC 1659 (Admin)
4 Jun 2003
Admn
Local Government, Magistrates
[ Bailii ]
Regina (M) v Islington London Borough Council and Another Times, 12 June 2003; Gazette, 14 August 2003
5 Jun 2003
QBD
Wilson J
Housing, Local Government, Immigration, Benefits
The applicant had come to England from Guyana. She married here and had a child, but after her divorce, she was to be removed back to her home country. She applied for emergency housing, but was offered only short term housing and the cost of a flight back to Guyana for herself and her child. She appealed, saying that it might yet take a longer time for any order for her removal to come through. Held: The claimant was no longer lawfully present in the UK. There was statutory support for the withdrawal of support provided her human rights were not infringed, but the prohibition on support did not extend to her child, and support could be continued where the claimant had not failed to co-operate with attempts at her removal. The decision with respect to the claimant was lawful, but as regards the decision about the child, the local authority had failed to consider the rights of the child's father, and had obtained no evidence as to the child's possible future in Guyana. Their s17 assessment was flawed and set aside.
Witholding and Withdrawal of Support (travel Assistance and Temporary Accomodation) regulations 2002 (2002 No 3078) 3(3) - Children Act 1989 17
1 Cites
1 Citers
Stretch v The United Kingdom 44277/98; Times, 03 July 2003; (2003) 38 EHRR 12; [2003] ECHR 320
24 Jun 2003
ECHR
Pellonpaa, President, Sir Nicolas Bratza, E. Palm, V. Stranick, S. Pavlovschi, L. Garlicki, J. Borrego Borrego
Human Rights, Landlord and Tenant, Local Government
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires. Held: Property rights protected under the Convention included such rights. The concept of "possessions" in Art. 1 includes a legitimate expectation of obtaining effective enjoyment of a property right resulting from the ultra vires act of a public authority. The council had acted under a mistaken belief as to its capacity. No third party interest would have been affected, and the interference in private property rights was disproportionate.
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings
Local Government Act 1933
1 Cites
1 Citers
[ Worldlii ] - [ Bailii ]
SPH (Scotland) Ltd v Edinburgh City Council; OHCS 25-Jun-2003 - Times, 19 September 2003
Williams v Horsham District Council Gazette, 10 July 2003; [2003] EWHC 1862 (Admin)
26 Jun 2003
Admn
Mr Justice McCombe
Local Government, Rating
The resident owned a house but lived elsewhere, visiting the cottage only occasionally, and not staying overnight. He paid full council tax at first but then sought a rebate under the Act. Held: The tribunal had exaggerated the importance of the fact that his wife lived elsewhere and that he did not stay overnight. They should not be elevated beyond other factors.
Local Government Finance Act 1992 11(2)(a)
1 Citers
[ Bailii ]
Waikato Regional Airport Ltd and others v Attorney General [2003] UKPC 50
30 Jun 2003
PC
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Commonwealth, Local Government
PC New Zealand
1 Citers
[ PC ] - [ Bailii ] - [ PC ]
Mear, Regina (on the Application Of) v Cambridgeshire County Council [2003] EWHC 1861 (Admin)
1 Jul 2003
Admn
Land, Local Government, Costs
[ Bailii ]
The Mayor and Burgesses of the London Borough of Lambeth v Lindsay [2003] EWCA Civ 919
3 Jul 2003
CA
Lord Justice Judge Lord Justice Pill
Local Government, Housing
Housing Act 1996 167(2)
[ Bailii ]
C v London Borough of Lewisham [2003] EWCA Civ 927; Times, 12 August 2003; Gazette, 11 September 2003
4 Jul 2003
CA
Lord Justice Ward, Lord Justice Waller And Lord Justice Dyson
Housing, Local Government
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become intentionally homeless. The authority refused to extend her time to request a review. She now appealed a similar refusal of the court. Held: In so far as the local housing authority was exercising an extra-statutory discretion, it was fully entitled to take it no further. The authority gave full reasons why the department was not prepared to accede to the request. This decision is even further beyond challenge by judicial review than a decision taken under s. 202(3).
Housing Act 1996 202 204
1 Cites
[ Bailii ]
Laing Homes Ltd, Regina (on the Application of) v Secretary of State for the Environment Food and Rural Affairs [2003] EWHC 1578 (Admin); [2003] 3 PLR 60
8 Jul 2003
Admn
Sullivan J
Land, Local Government
Sullivan J allowed Laing Homes Ltd.'s application for judicial review of the County Council's decision to register a Town or Village Green, but rejected the argument that the locality needed to be specified in the application form, could not be later amended, and that the Ecclesiastical Parish of Hazlemere did not qualify as a locality. He endorsed the Inspector's approach at paragraph 142 to the effect that "it is clear from the scheme of the [1965 Act] and the Regulations that the question of what is the relevant "locality" (or if appropriate "neighbourhood within a locality") in the section 22 sense is a matter of fact for the Registration Authority to determine (albeit in accordance with the correct legal principles) in the light of all the evidence, which may indeed contain a number of conflicting views on the topic. There is no requirement in the Form or Regulations for an applicant to commit himself to a legally correct (or any) definition of the "Section 22 locality" (or "neighbourhood")".
Commons Registration Act 1965
1 Citers
[ Bailii ]
Local Authority v W and others [2003] EWHC 1624 (Fam)
11 Jul 2003
FD
Children, Local Government
[ Bailii ]
In re W (Children) (Care proceedings: Disclosure); FD 11-Jul-2003 - Times, 21 July 2003; Gazette, 18 September 2003
Regina (B) v Merton London Borough Council; Admn 14-Jul-2003 - [2003] EWHC 1689 (Admin); Times, 18 July 2003; [2003] 4 All ER 280
B and Another, Regina (on the Application Of) v Hackney [2003] EWHC 1654 (Admin)
15 Jul 2003
Admn
Immigration, Benefits, Local Government
[ Bailii ]
Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers' Market Ltd [2003] EWCA Civ 1056; Times, 25 August 2003; [2004] 1 WLR 233
21 Jul 2003
CA
Lord Justice Dyson, Lord Justice Longmore and Sir Martin Nourse
Local Government, Licensing, Judicial Review
The applicant had been refused a licence to operate within the farmer's market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review. Held: The decisions of the Farmers Market were open to judicial review. The farmers markets were held on publicly owned land to which the public had access, the company was set up by the council using statutory powers and it stepped into the council's shoes performing the same functions as the council had previously performed. From the start the council assisted the company by providing facilities and finance. The company was established to take over on a non profit basis the running of markets previously operated by the council in the exercise of its statutory power in what was considered to be the public interest. In that light, the company having taken over a public function, retained a sufficient element of the exercise of a public function to make its decisions susceptible to judicial review: "unless the source of power clearly provides the answer, the question whether the decision of a body is amenable to judicial review requires a careful consideration of the nature of the power and function that has been exercised to see whether the decision has a sufficient public element, flavour or character to bring it within the purview of public law."
Dyson LJ said: "It seems to me that the law has now been developed to the point where, unless the source of power clearly provides an answer, the question whether the decision of a body is amenable to judicial review requires a careful consideration of the nature of the power and function that has been exercised to see whether the decision has a sufficient public element, flavour or character to bring it within the purview of public law. It may be said with some justification that this criterion for amenability is very broad, not to say question-begging. But it provides the framework for the investigation that has to be conducted. There is a growing body of case law in which the question of amenability to judicial review has been considered. From these cases it is possible to identify a number of features which point towards the presence or absence of the requisite public law element".
1 Cites
1 Citers
[ Bailii ]
Liverpool City Council, Regina (on the Application Of) v Secretary of State for Health [2003] EWHC 1975 (Admin)
5 Aug 2003
Admn
Local Government
[ Bailii ]
Worcestershire County Council v Tongue and others Times, 01 October 2003; Gazette, 16 October 2003; [2004] Ch 236
6 Aug 2003
ChD
Neuberger J
Local Government, Animals
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any animals found. Held: The court did not have the necessary jurisdiction. It had power to make orders to support actions remedying infringements of statutes where the local authority had the enforcement powers. It could therefore grant an injunction requiring somebody to stop doing something it had already been ordered not to do, but in this case more was sought, the power to trespass on the land and convert goods. The authority still required as a minimum some direct interest in the goods, the animals sought to be recovered. Here there was no express statutory right or interest to support the application, and it failed.
Local Government Act 1972 222
1 Cites
1 Citers
Manchester City Council v Lee [2003] EWCA Civ 1256
7 Aug 2003
CA
Housing, Local Government
[ Bailii ]
Regina (Behre and Others) v Hillingdon London Borough Council Times, 22 September 2003; Gazette, 16 October 2003
29 Aug 2003
QBD
Sullivan J
Local Government, Immigration, Children
Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they were 18. They claimed a duty under the 200 Act to continue to assist them. Held: Under the 2000 Act a duty was owed to a 'former relevant child' - a person who had been looked after by the local authority for 13 weeks before attaining 18 and was eligible at that time. 'Looked after' included having had accommodation provided. Exceptions were spelt out in the Regulations, and there was no need to add a gloss to the combined definition. It did no disservice to the definition to count the applicants as former relevant children, and the duty to assist applied to them.
Children (Leaving Care) Act 2000 2 - Children Act 1989 19B(2) 23C(1) - Children (Leaving Care) (England) Regulations) 2000 (200 No 2874)
1 Citers
[ Bailii ]
Richards, Regina (on the Application Of) v Pembrokeshire County Council [2003] EWHC 2532 (Admin)
9 Oct 2003
Admn
Road Traffic, Local Government
[ Bailii ]
Baker, Regina (on the Application Of) v First Secretary of State [2003] EWHC 2511 (Admin)
15 Oct 2003
Admn
Housing, Local Government
[ Bailii ]
Gonis and Another, Regina (on the Application Of) v Westminster City Council [2003] EWHC 2476 (Admin)
17 Oct 2003
Admn
Local Government, Licensing
[ Bailii ]
Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A; HL 23-Oct-2003 - [2003] 3 WLR 1194; Times, 24 October 2003; [2003] UKHL 57; [2004] 2 AC 208
Butler, Regina (on the Application of) v Bath and North East Somerset District Council and others Times, 04 November 2003; [2003] EWCA Civ 1614
30 Oct 2003
CA
Peter Gibson, Waller, Carnwath, LJJ
Planning, Local Government, Housing
The authority was considering the provision of sites for Gypsies and other travellers within the context of their structure plan. The national policy envisaged two provisions, a listing of potential sites, and the laying down of policy criteria. A panel had recommended that more be done to support local authorities, including the recommendation of sites. The authority set out a plan that the need should be satisfied within local plans. Held: The departure from the recommendation must have been a deliberate one. Before taking that departure, it was obliged to have prepared a list of departures from the recommendations, for comment. It had not done so. The procedural obligations had not been met.
1 Cites
1 Citers
[ Bailii ]
Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions [2003] EWHC 2518 (Admin)
30 Oct 2003
Admn
The Hon Mr Justice Lindsay
Local Government, Benefits
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it had been a failure to make such referrals had led to the overpayments, and that the Council had received benefit. The Council replied that it had received nothing which it had not paid on, and that a failure to make repayment, even of a part of the overpayment, would cause it hardship. Held: The decision taken by the Secretary of State was lawful, and nor was there any other adequate reason to quash the decision to recover the sum demanded.
Social Security Contributions & Benefits Act 1992 123(1)(d) 123(3)
1 Cites
1 Citers
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Transco Plc v Leicestershire County Council [2003] EWCA Civ 1524; Times, 07 November 2003
4 Nov 2003
CA
Lord Justice Kennedy Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
Utilities, Local Government
The council sought to recover from the defendant damages for the late completion of roadworks. Held: "The statutory provisions are long and complex. At times I have been inclined to wonder whether they are the product of a demented computer." The rules which required the notices to be given within the procedures to start and end the periods at issue, were required not as part of the process of co-ordination of works. The deeming provisions were not irrebutable, and late delivery of an end-notice was not irrebutable evidence of the date at which the work ceased. Works are deemed for purposes of charging to have been begun and concluded in accordance with notices that have been given, but it is open to both Highway Authorities and undertakers to prove that this was not in fact the case.
New Roads and Street Works Act 1991 - Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001
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Durham County Council v Darlington Borough Council [2003] EWHC 2598 (Admin)
6 Nov 2003
Admn
Local Government
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Regina on the Application of Deutsch v London Borough of Hackney [2003] EWHC 2692 (Admin)
14 Nov 2003
Admn
The Honourable Mr Justice Hooper
Road Traffic, Discrimination, Local Government
[ Bailii ]
H (Child), Re (Care Order: Appropriate Local Authority) [2003] EWCA Civ 1629; Times, 26 November 2003; Gazette, 15 January 2004
18 Nov 2003
CA
Lord Justice Jonathan Parker Lord Justice Thorpe Lord Justice Dyson
Children, Local Government
The court had to decide to which of two local authorities, responsibility for supervising a care order should be assigned. The child had moved to live with his grandparents. Held: The judge had been correct to find that family circumstances might justify not following the rules in Northamptonshire and Plymouth, but the case was not sufficiently exceptional on that ground. However, the child here could properly be said to have been resident with the grandparents, and the order assigning responsibility to the authority where they lived was appropriate.
Children Act 1989 105(6)
1 Cites
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Scholarstica Umo, Regina (on the Application Of) v Commissioner for Local Administration In England [2003] EWHC 3202 (Admin)
24 Nov 2003
Admn
Local Government
[ Bailii ]
In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A; FD 27-Nov-2003 - [2003] EWHC Fam 2746; Times, 05 December 2003; Gazette, 22 January 2004; [2004] EWHC 2746 (Fam); [2004] Fam 96; [2004] Fam Law 179; [2004] 1 FCR 113; [2004] 1 All ER 480; [2004] 2 WLR 926; (2004) 7 CCL Rep 426; (2004) 76 BMLR 210; [2004] BLGR 117; [2004] 1 FLR 541
Louisa G v Wandsworth London Borough Council [2003] EWHC 2941 (Admin)
5 Dec 2003
Admn
Health, Benefits, Local Government
[ Bailii ]
Agnello and Others, Regina (on the Application of) v Borough of Hounslow and others [2003] EWHC 3112 (Admin)
16 Dec 2003
Admn
Local Government
[ Bailii ]
Bersted Parish Council v Arun District Council [2003] EWHC 3419 (Admin)
18 Dec 2003
Admn
Planning, Local Government
1 Cites
1 Citers
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Richardson and Orme v North Yorkshire County Council [2003] EWCA Civ 1860; [2003] EWCA Civ 1921; Times, 19 January 2004; [2004] 1 WLR 1920
19 Dec 2003
CA
Lord Justice Keene Lord Justice Scott Baker Lord Justice Simon Brown
Planning, Local Government
The claimants appealed against an order dismissing their application for a judicial review of the respondent's grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the facts the council had taken the decision in the light of proper consideration of the regulations as to the need for an assessment. The requirement to exclude a member with an interest applied to all members and not just those who had a part in the matter before the committee. It was not open to a member to declare his interest and continue to take part in the meeting. Leave to refer a question to the European Court was refused.
Town and Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 1999
1 Cites
1 Citers
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W, Regina (on the Application of) v Essex County Council [2003] EWHC 3175 (Admin)
19 Dec 2003
Admn
Children, Local Government
[ Bailii ]
