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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: 2004 To: 2004

This page lists 37 cases, and was prepared on 02 April 2018.

 
Beale and Another, Regina (on the Application of) v Camden [2004] EWHC 6 (Admin)
8 Jan 2004
Admn

Local Government, Housing

[ Bailii ]
 
HP and Another, Regina (on the Application Of) v Islington [2004] EWHC 7 (Admin)
8 Jan 2004
Admn

Local Government

National Health Service and Community Care Act 1990 47
[ Bailii ]
 
Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions [2004] EWHC 28 (QB); Gazette, 05 February 2004
19 Jan 2004
QBD
Mr Justice Newman
Road Traffic, Personal Injury, Local Government
The claimant asserted a common law duty on the respondent to maintain a roadway free of frost. Held: No such common law duty existed. Where parliament has conferred a discretionary power, "… the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done at all, are, first, that it would in the circumstances have been irrational not to have exercised the power, so that there was in effect a public law duty to act, and secondly, that there are exceptional grounds for holding that the policy of the statute requires compensation to be paid to persons who suffer loss because the power was not exercised." In the absence of a duty under section 41(1) of the 1980 Act, the respondent had power under section 62(2) to promote the scheme to prevent ice on highways. Section 62(2) provides for work for the improvement of the highway. There was no general common law duty on highway authorities to prevent the formation of ice on roads.
Highways Act 1980 41(1)
1 Cites

1 Citers

[ Bailii ]
 
Regina (Southern, a Minor) v Oxfordshire County Council Times, 03 March 2004
23 Jan 2004
QBD
Andrew Nicol QC
Education, Local Government
The claimant sought to oblige the local authoritry to support his exceptionally bright child by recognising her needs and paying for her education at a private high school. Held: The authority had no power to make such an award under s18, but did have a discretion to make an award under the Regulations. It could not be said that the respondent authority applied a policy too rigidly, since there had not been enough shown to establish that any policy was in place.
Education Act 1996 18 - Scholarship and Other Benefits Regulations 1977 (1977 No 1443) 4

 
Carmarthenshire County Council, Regina (on the Application of) v Evans [2004] EWHC 223 (Admin)
23 Jan 2004
Admn

Taxes - Other, Local Government

[ Bailii ]
 
Burrows v Secretary of State for Environment Food and Rural Affairs [2004] EWHC 132 (Admin); Gazette, 05 February 2004
23 Jan 2004
Admn
Andrew Nichol QC J
Land, Local Government
A modification of the definitive map was sought, to widen a footpath and declare it a bridleway. The landowner had erected a notice in 1975 denying any public right of way, but the inspector had thought it of no effect. Held: The declaration in the notice of a 'Private Road' was consistent with whatever rights there were being interpreted by the public as a roadway. The claim failed.
Wildlife and Countryside Act 1981 53
[ Bailii ]
 
Kelly, Regina (on the Application of) v London Borough of Hammersmith and Fulham [2004] EWHC 435 (Admin)
26 Jan 2004
Admn

Benefits, Local Government

National Assistance Act 1948 22(1) 22(2)
[ Bailii ]
 
Foster v Eastbourne Borough Council and Another [2004] EWCA Civ 36
3 Feb 2004
CA

Employment, Local Government

Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000
1 Cites

[ Bailii ]

 
 Regentford Ltd v Thanet District Council; Admn 18-Feb-2004 - [2004] EWHC 246 (Admin); Times, 04 March 2004; Gazette, 18 March 2004; [2004] RA 113
 
New Charter Housing (North) Ltd v Ashcroft [2004] EWCA Civ 310
8 Mar 2004
CA

Housing, Local Government

Crime and Disorder Act 1988 1C
[ Bailii ]
 
Regina (on the Application of S) By Her Mother and Next Friend Sandra Branch v Leicester City Council [2004] EWHC 533 (Admin)
29 Mar 2004
QBD
Mr Justice Leveson
Local Government, Health

[ Bailii ]

 
 Gorringe v Calderdale Metropolitan Borough Council; HL 1-Apr-2004 - [2004] UKHL 15; Times, 02 April 2004; [2004] 1 WLR 1057; [2004] RTR 27; [2004] 2 All ER 326
 
Stewart v Perth and Kinross Council [2004] UKHL 16; Times, 06 April 2004; [2004] 28 SLLP 32; 2004 SCLR 849; 2004 GWD 12-273; 2004 SLT 383
1 Apr 2004
HL
Lord Hope of Craighead, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Carswell
Licensing, Local Government, Consumer
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements. Held: Though a court should be reluctant to interfere in the exercise of a statutory discretion, that discretion must not be exercised for a non-statutory purpose. The purpose was to prevent crime, not to regulate arrangements between a licensee and his customers. "The practice of Parliament is to provide for the protection of consumers by means of primary legislation which can be applied uniformly across the country. It is not its practice to delegate powers to legislate in this area to individual local authorities." Even if the conditions would not be incorporated into any contract with the consumer, the statements required would amount to representations.
Civic Government (Scotland) Act 1982 - Sale of Goods Act 1979 13
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Patel and others v London Borough of Brent [2004] EWHC 763 (Ch)
7 Apr 2004
ChD
Hart J
Local Government, Planning

Town and Country Planning Act 1990 106
[ Bailii ]
 
Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel [2004] EWHC 779 (Admin)
7 Apr 2004
Admn
Mr Justice Richards
Planning, Local Government, Natural Justice
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council's Conservation Advisory Group which had held a meeting before the Planning Committee's meeting in which the forthcoming applications had been considered and voted on. This was said to give rise to an appearance of bias. Held: The challenge succeeded. The court applied the Porter v Magill test of apparent bias widely: " I therefore take the view that in considering the question of apparent bias in accordance with the test in Porter v Magill, it is necessary to look beyond pecuniary or personal interests and to consider in addition whether, from the point of view of the fair-minded and informed observer, there was a real possibility that the planning committee or some of its members were biased in the sense of approaching the decision with a closed mind and without impartial consideration of all relevant planning issues. That is a question to be approached with appropriate caution, since it is important not to apply the test in a way that will render local authority decision-making impossible or unduly difficult. I do not consider, however, that the circumstances of local authority decision-making are such as to exclude the broader application of the test altogether." and " I take the view, though not without a degree of hesitation, that a fair-minded and informed observer would conclude that there was a real possibility of bias, in the sense of the decisions being approached with closed minds and without impartial consideration of all the planning issues, as a result of the support expressed by the CAG being carried over into support for the application in the context of the planning committee's decisions.
The fact that one of those with dual membership had received no training in planning matters reinforces that concern. So does the fact that all three of those with dual membership who had attended the CAG meeting on 27 May voted in favour of the applications."
1 Citers

[ Bailii ]
 
Regina (HTV Ltd) v Bristol City Council Times, 09 June 2004; [2004] EWHC 1219 (Admin); [2004] 1 WLR 2717
14 May 2004
QBD
Elias J
Local Government, Information
The claimant sought disclosure by the respondent of their accounts, intending to use the material in a television program. Held: As ratepayers, they were entitled to the information. The respondent was not free to refuse it because it disapproved of the intended use.
Audit Commission Act 1988 15
1 Cites

1 Citers


 
West End Street Traders' Association and Another, Regina (on the Application of) v City of Westminster [2004] EWHC 1167 (Admin)
21 May 2004
Admn
Leveson J
Local Government, Licensing
The respondent regulated street trading within its area by licenses issued under the Act. The claimants challenged substantial increases in the licence fees saying there had been insufficient consultation. The system was running at a net cost. Held: The authority was obliged to seek to cover its costs. It was within the discretion of the authority to make a general charge rather than to charge for services according to use.
City of Westminster Act 1999 22(11)
1 Cites

[ Bailii ]

 
 Richards and Another, Regina (on the Application of) v Pembrokeshire County Council; CA 8-Jun-2004 - [2004] EWCA Civ 813
 
Owen v City of Westminster [2004] EWHC 1557 (QB)
9 Jun 2004
QBD

Personal Injury, Local Government

Highways Act 1980 81
[ Bailii ]
 
Jones, Regina (on the Application of) v Ceredigion County Council [2004] EWHC 1376 (Admin); Times, 25 June 2004
22 Jun 2004
Admn
Mr Justice Collins
Education, Local Government
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school. Held: Provided the parents would have a defence to an accusation of not sending their child to the Welsh language school, there was a duty on the local authority to provide free transport. The alternative was not suitable. The court had "no reason to doubt the sense of requiring that transport be made available if otherwise a sanction against truancy would be unenforceable."
1 Cites

1 Citers

[ Bailii ]

 
 Hanoman v Southwark London Borough Council; ChD 22-Jun-2004 - [2005] 1 ALL ER 795; [2004] EWHC 2039 (Ch)
 
CD (A Child By Her Litigation Friend, Vd) v Isle of Anglesey County Council [2004] EWHC 1635 (Admin)
16 Jul 2004
Admn
Mr Justice Wilson
Local Government

[ Bailii ]
 
Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust [2004] EWCA Civ 926; Times, 26 July 2004; [2005] QB 352; [2004] 3 WLR 1396
20 Jul 2004
CA
Lord Justice Auld Lord Justice Latham Lady Justice Arden
Housing, Local Government, Human Rights
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for eventual demolition. The original arrangement was informal being only later reduced to writing in a formal licence. There was no basis for saying that a non-secure licence became a secure tenancy on the revocation of the head lease. The trust acted as principal and not as the authority's agent. As to the tenants' claims under article 8 of the Convention: "The fact is that Lambeth has an unqualified right to possession. And on the basis of the majority opinions in Qazi by which we are bound that is a sufficient answer to the claims under Article 8" As to eth Connors decision: (Auld LJ) "Whilst there is, in those general statements of principle, some support for the argument of Mr Luba, they cannot, it seems to us, affect this court's assessment of the decision in Qazi. The general statement of principle in paragraph 83 of the Court's judgment is based upon the Court's decisions in Buckley, and Chapman, to which it refers, both of which were cited to and considered by the House of Lords in Qazi. Connors is therefore only of assistance to the courts of this country in relation to cases involving gypsies."
Housing Act 1985 Part IV
1 Cites

1 Citers

[ Bailii ]
 
OnuboguEmeka-Opara, Regina (on the Application Of) v London Borough of Sutton [2004] EWHC 3361 (Admin)
23 Jul 2004
Admn

Local Government

[ Bailii ]
 
M (A Child), Regina (on the Application of) v Sheffield Magistrates' Court and Another [2004] EWHC 1830 (Admin); Times, 30 August 2004
27 Jul 2004
Admn

Local Government, Children, Crime
The local authority applied for and obtained an anti-social behaviour order (ASBO) in respect of a child in their care. The boy sought judicial review. Held: There was a real potential conflict of interest on the part of the authority. On the one hand it had a duty to promote his welfare, and on the other it was the relevant authority to make an application under the 1998 Act. The position was not easily resolved. The authority could do its best to make sure that the child had independent protection of his interests by the obtaining of appropriate written reports.
Crime and Disorder Act 1998 1 - Children Act 1989 22(4)
[ Bailii ]
 
Twomey, Regina (on the Application of) v Calderdale Metropolitan Borough Council [2004] EWHC 1998 (Admin)
12 Aug 2004
Admn
Stanlet Burnton J
Children, Local Government
The court considered the continuing support to be given as the child with special needs became an adult.
Children Act 1989 17(1)
[ Bailii ]
 
Alloway, Regina (on the Application Of) v London Borough of Bromley [2004] EWHC 2108 (Admin)
17 Aug 2004
Admn
Crane J
Local Government
Placement of a young adult with autism
National Health Service and Community Care Act 1990
[ Bailii ]
 
P, Regina (on the Application Of) v London Borough of Newham [2004] EWHC 2210 (Admin)
14 Sep 2004
Admn

Local Government, Children

Children Act 1989 Sch 2
[ Bailii ]
 
Capenhurst and Others, Regina (on the Application Of) v Leicester City Council [2004] EWHC 2124 (Admin)
15 Sep 2004
Admn

Local Government
The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair. Held: Even if it was not bound to consult, if the authority chose to consult it must do so fairly. It was for the claimant to establish that if a failed consultation took place, there was a real possibility of a different result. Those weaknesses existed here, and had not been cured in the appeal process. The decisions were to be quashed.
1 Cites

[ Bailii ]
 
Terry, Regina (on the Application of) v Tower Hamlets [2004] EWHC 3402 (Admin)
6 Oct 2004
Admn

Local Government, Land

[ Bailii ]
 
Spink, Regina (on the Application Of) v Wandsworth Borough Council [2004] EWHC 2314 (Admin); Times, 02 November 2004
20 Oct 2004
Admn
Richards J
Health, Local Government
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents' financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under section 2 of the 1970 Act whether it is necessary for it to make arrangements to meet the claimant children's needs. The three stages identified in ex p. Barry applied: (i) identification of needs, (ii) a decision on whether it is necessary for the authority to meet those needs, and (iii) if so, the resulting duty to make such arrangements.
Chronically Sick and Disabled Persons Act 1970 2 - Housing, Grants, Construction and Regeneration Act 1996 819 - Local Government and Housing Act 1989
1 Cites

1 Citers

[ Bailii ]
 
Sutton London Borough Council v S and Another Times, 01 November 2004
26 Oct 2004
QBD
Thomas LJ, Fulford J
Local Government
Parents had had charges brought against them by the appellant for failing to ensure the attendance of their child at school dismissed. The authority appealed. Held: The authority should have considered more carefully whether it was appropriate to appeal. The lesser offence might have been made out if required in the interests of justice, but the authority had not requested that alternative.
1 Cites


 
Cummings v Cardiff County Council [2004] EWHC 2295 (Admin)
27 Oct 2004
Admn

Local Government, Licensing
Licensing of taxis - removal of limit on hackney carriage licences destroying value of existing licences.
1 Citers

[ Bailii ]
 
Murphy v Ethical Standards Officer of Standards Board for England [2004] EWHC 2377 (Admin)
28 Oct 2004
Admn
Keith J
Local Government
The claimant, a local authority councillor, challenged a finding that he had contravened the Code of Conduct, by failing to withdraw from a meeting in which he had a personal interest, namely a critical report by the Local Government Ombudsman. Held: His 'well-being' was directly at stake. He had received direct advice that he should withdraw but had not done so. The finding was justified, but it was noted that he had not been given opportunity to speak before withdrawing, and the suspension for a year was removed.
1 Cites

[ Bailii ]
 
Hampshire County Council v SL and others [2004] EWHC 2720 (Fam)
25 Nov 2004
FD

Children, Local Government
Care plan
[ Bailii ]
 
In Re Z (Local Authority: Duty) [2004] EWHC 2817 (Fam); Times, 09 December 2004; [2005] 3 All ER 280; [2005] 1 WLR 959; [2005] 1 FLR 740; [2005] 2 FCR 256; (2005) 84 BMLR 160; (2005) 8 CCL Rep 146
3 Dec 2004
FD
Hedley J
Local Government, Health
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a decision seriously against her interests, it was proper for them to investigate, and if appropriate report their concerns to the police. Though she was a vulnerable adult under the statutes, Mrs Z had full capacity, and it was not for them to intervene in this way. Mr Z might be putting himself at risk of a prosecution uunder the 1961 Act. The power to seek an injunction to prevent criminal activity did vest in a local authority, but the jurisdiction should be exercised only with the greatest caution. The authority had had no duty to apply for an injunction, and it was discharged.
National Assistance Act 1948 29 - National Health Service Act 1977 - National Health and Community Care Act 1990 - Suicide Act 1961 291) - Local Government Act 1972 8222
1 Cites

[ Bailii ]
 
T v Boys and Girls Welfare Service [2004] EWCA Civ 1747
21 Dec 2004
CA
Lord Justice Chadwick Lord Justice Latham Sir Swinton Thomas
Personal Injury, Local Government, Negligence
Damages claim for sex abuse whilst in care home.
[ Bailii ]
 
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