If a decision by a local council to sell land was not automatically a public law decision susceptible to judicial review, then neither was a decision not to sell land. Such a decision by a local authority was by nature one of private law unless there existed some circumstance which brought in a specific public law element. In making the decision, the council was not performing a public function.
Citations:
Times 15-Nov-2000
Local Government, Judicial Review
Updated: 10 April 2022; Ref: scu.88388