The claimants sought judicial review of a decision of the defendant harbour masters themselves to install and sell from the harbour all fule for use by boats using it, saying that they had no power to operate such an enterprise.
Held: Whilst the sale of fuel would assist the town, it was not part of the main business of the commissioners and was ultra vires.
Stanley Burnton J
[2007] EWHC 1141 (Admin)
Bailii
Commissioners Clauses Act 1847, Lands Clauses Consolidation Act 1845, Harbours, Docks and Piers Clauses Act 1847, Looe Harbour Act 1948, Fisheries Harbour Act 1861
England and Wales
Citing:
Cited – Attorney General and Another v Great Eastern Railway Company HL 27-May-1880
An Act of Parliament authorised a company to construct a railway. Two other companies combined and contracted with the first to supply rolling stock. An injunction was brought to try to restrain this, saying that such a contract was not explicitly . .
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Cited – Trustees of the Harbour of Dundee v D and J Nicol HL 10-Dec-1914
The pursuers challenged an initiative by the defenders which allegedly harmed their local steamer excursion business. The House was asked whether steamers acquired by a statutory body of harbour trustees who maintained a service of steamers for . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 11 November 2021; Ref: scu.253292