The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to oblige the chief constable to provide the level of support requested.
Held: The appeal against refusal of mandamus was rejected. Such a police decision was not one to be interfered with by a court of law. The CEGB should first consider its own self-help remedies. It had the power to use the resaonable minimum of force, even though this might risk a breach of the peace.
Citations:
[1982] QB 458, [1981] 3 WLR 967, [1981] 3 All ER 826
Statutes:
Electricity Act 1957 35, Town and Country Planning Act 1971 281(2)
Jurisdiction:
England and Wales
Cited by:
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited – Commissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
Cited – McConnell v Chief Constable of Greater Manchester Police CA 1990
The plaintiff sought damages from the police. She had gone into a store and refused to leave when so requested. The police officer escorted her from the premises. She tried to re-enter the premises, and the officer exercised his common law right to . .
Cited – Humberside Police v McQuade CA 12-Jul-2001
Defendant’s appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no . .
Lists of cited by and citing cases may be incomplete.
Administrative, Police, Utilities
Updated: 07 May 2022; Ref: scu.276255