The applicant applied to have quashed the decision of the local council to exclude him from trading in the market and to revoke his right to have a stall.
Held: He succeeded on the grounds that the decision had been taken in breach of the rules of natural justice. the right of a stallholder to have access to the market was conferred by common law, and could only be taken away for just cause and then only in accordance with the principles of natural justice. ‘I do not mind whether the market-holder is exercising a judicial or administrative function’. Lord Scarman emphasised the common law right in the public to go to market to buy and sell, subject to the statutory regulation of the exercise of that right by the local authority: ‘Although, therefore, there is a contractual element in this case, there is also an element of public law: the enjoyment of rights conferred on the subject by the common law. I think, therefore, on analysis, it is clear that the corporation in its conduct of this market is a body having legal authority to determine questions affecting the rights of subjects’.
Lord Denning MR said: ‘[T]here are old cases which show that the court can interfere by certiorari if a punishment is altogether excessive and out of proportion to the occasion . . It is quite wrong that the Barnsley Corporation should inflict upon [Mr Hook] the grave penalty of depriving him of his livelihood. That is a far more serious penalty than anything the magistrates could inflict. He is a man of good character, and ought not to be penalised thus . . ‘
Lord Denning MR, Scarman LJ
[1976] 1 WLR 1052
England and Wales
Cited by:
Cited – Regina v Wear Valley District Council, ex p Binks 1985
The applicant operated a hot food takeaway caravan from a market place. She had no written licence, operating under an informal arrangement with the local authority. Her rights were terminated without notice.
Held: The decision was quashed. It . .
Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
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 . .
Followed – Regina v Birmingham City Council, ex parte Dredger QBD 22-Jan-1993
The local authority, operators of the market, increased the rents payable by the tenants. The tenants sought a review of the decision.
Held: The act was that of a public authority and was subject to judicial review. The market stall-holders . .
Cited – Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
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 . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – JP Whitter (Water Well Engineers) Ltd v Revenue and Customs SC 13-Jun-2018
The taxpayers registration under the Construction Industry Scheme had been withdrawn. The Court was now asked whether HMRC are obliged, or at least entitled, to take into account the impact on the taxpayer’s business of the cancellation of its . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 July 2021; Ref: scu.185799 br>