Councillors had been surcharged by the district auditor. The Act provided for an appeal to the High Court by anyone ‘aggrieved’ by the decision of an auditor, and further provided that on the hearing of the appeal ‘the court may confirm, vary or quash the decision and give any certificate which the auditor could have given’, which Lawton LJ considered must mean ‘that the court rehears the case.’
Judges:
Woolf, Lawton LJJ
Citations:
[1987] 1 All ER 1118
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Cited – Regina v Universities Funding Council ex parte Institute of Dental Surgery QBD 30-Jul-1993
When considering whether a disciplinary board should have given reasons, the court may find the absence critical ‘where the decision appears aberrant’. ‘the giving of reasons may among other things concentrate the decision-maker’s mind on the right . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 19 May 2022; Ref: scu.194314