Tag: Local Government

Regina v Wandsworth London Borough Council Ex Parte Beckwith: CA 29 Jun 1995

Local Authority may cease to provide any care of a particular class if alternative voluntary arrangements can be made available.

Citations:

Gazette 06-Sep-1995, Times 29-Jun-1995

Statutes:

Community Care Act 1990 1, National Assistance Act 1948

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith QBD 21-Apr-1995
A Local Authority must maintain some facilities to provide each type of social care it was required to supply. . .

Cited by:

Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith HL 15-Dec-1995
The applicants had contended that Wandsworth was under a duty to maintain some accommodation for the elderly in premises under its own management.
Held: The applicants claim failed. Local Authorities may provide all care for elderly by outside . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 21 January 2023; Ref: scu.88247

Lever (Finance) Ltd v City of Westminster: CA 22 Jul 1970

The appellant developers had obtained detailed planning approval for fourteen houses, but after adjustments for a building line, moving several properties distances of several feet toward other properties, further plans were submitted without identifying the changes. The changes were discussed, and an approval noted by the developer’s architect. The development proceeded. A neighbour objected, and the officer recommended an application for approval of the amendment. The planning committee refused approval.
Held: The developer succeeded.
Lord Denning MR said that the case ‘should be decided on the practice proved in evidence. It was within the ostensible authority of Mr. Carpenter to tell Mr. Rottenberg that the variation was not material. Seeing that the developers acted on it by building the house, I do not think the Council can throw over what has been done by their officer, Mr Carpenter.’

Judges:

Lord Denning MR, Sachs, Megaw LJJ

Citations:

[1970] EWCA Civ 3, [1971] 1 QB 222, (1970) 21 P and CR 778, 68 LGR 757, [1970] 3 WLR 732, [1970] 3 All ER 496

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Southend-on-Sea Corporation v Hodgson (Wickford) Ltd QBD 1961
The Corporation had, by its engineer, said that its permission for the use of land as a builder’s yard was not in fact and law required. It was mistaken in this view.
Held: What the engineer had said could not create an estoppel preventing the . .
Cited – Royal British Bank v Turquand CEC 1856
The plaintiff sought payment from the defendants, a joint stock Company, on a bond, signed by two directors, under the seal of the Company whereby the Company acknowledged themselves to be bound to the plaintiff in pounds 2,000. The company said . .
Cited – Wells v Minister of Housing and Local Government CA 1967
It had been the practice of planning authorities, acting through their officers, to tell applicants whether or not planning permission was necessary. A letter was written by the Council Engineer telling the applicants that no permission was . .

Cited by:

Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 20 December 2022; Ref: scu.262773

Sheffield City Council v Ali: Admn 7 Jul 2005

The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him.
Held: The information requested was plainly within the scope of an officer to whom this task had been delegated, and the authority’s appeal succeeded.

Citations:

[2005] EWHC 1613 (Admin)

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 57(3), Local Government Act 1972 101

Jurisdiction:

England and Wales

Citing:

Cited – Regina (on the Application of the Chief Constable of the West Midlands Police) v Birmingham Justices Admn 30-May-2002
The Chief Constable applied for anti-social behaviour orders, but the applications were made by his officers under purported delegated powers. The district judge rejected the applications saying that the power to make such an application could not . .
Cited – Carltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 07 December 2022; Ref: scu.229310

Dover District Council v CPRE Kent: SC 6 Dec 2017

‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the common law? And what are the legal consequences of a breach of the duty?’
Held: The appeal failed. ‘Oakley was rightly decided, and consistent with the general law as established by the House of Lords in Doody. Although planning law is a creature of statute, the proper interpretation of the statute is underpinned by general principles, properly referred to as derived from the common law. Doody itself involved such an application of the common law principle of ‘fairness’ in a statutory context, in which the giving of reasons was seen as essential to allow effective supervision by the courts. Fairness provided the link between the common law duty to give reasons for an administrative decision, and the right of the individual affected to bring proceedings to challenge the legality of that decision.’

Judges:

Lady Hale, President, Lord Wilson, Lord Carnwath, Lady Black, Lord Lloyd-Jones

Citations:

[2017] UKSC 79, [2018] 2 All ER 121, [2017] WLR(D) 812, [2018] Env LR 17, [2018] JPL 653, [2018] 1 WLR 108, [2018] LLR 305, UKSC 2016/0188

Links:

Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Video Summary, SC 2017 Oct 16 am Video, SC 2017 Oct 16 pm Video

Statutes:

Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004

Jurisdiction:

England and Wales

Citing:

At First Instance – Campaign To Protect Rural England (CPRE), Regina (on The Application of) v Dover District Council Admn 16-Dec-2015
The planning authority granted permission for a substantial development against the advice of its officers. Judicial review was now sought of the process.
Held: The request was refused. . .
Cited – Save Britain’s Heritage v Number 1 Poultry Ltd HL 28-Feb-1991
An order allowing demolition of a listed building was possible even though the building itself remained viable. The function of the courts was to validate the decision making process, not the merits of the decision.
Lord Bridge analysed the . .
Cited – Clarke Homes Ltd v Secretary of State for the Environment CA 1993
On a challenge as to the adequacy of the reasons given for a planning decision: ‘I hope I am not over-simplifying unduly by suggesting that the central issue in this case is whether the decision of the Secretary of State leaves room for genuine as . .
Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
Cited – Wall, Regina (on the Application of) v Brighton and Hove City Council Admn 2-Nov-2004
Application for judicial review, seeking an order quashing a grant of planning permission dated by the defendant for the demolition of an existing house and its replacement by eight self-contained apartments. The notice granting planning permission . .
Cited – Suffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .
Cited – Martin v Secretary of State for Communities and Local Government Admn 27-Nov-2015
There is an enforceable duty, said to arise ‘ . . either from the principles of procedural fairness . . or from the legitimate expectation generated by the Secretary of State’s long-established practice . . ‘ on decision makers to give a fully . .
Cited – Re Poyser and Mills’ Arbitration 1963
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must . .
Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? . .
Cited – Siraj, Regina (on The Application of) v Kirklees Metropolitan Council and Another CA 21-Oct-2010
A local planning authority’s summary reasons for granting permission do not present a full account of the local planning authority’s decision-making process. However, a fuller summary of the reasons for granting planning permission may well be . .
Cited – Hawksworth Securities Plc, Regina (on The Application of) v Ireef Queensgate Peterborough Propco Sarl and Others Admn 26-Jul-2016
Challenge to decision to allow redevelopment of part of shopping centre. Lang J made a general point about what she saw as the difference between a planning inspector conducting an ‘adversarial procedure, akin to court or tribunal proceedings’, . .
Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
Cited – Cherkley Campaign Ltd, Regina (on The Application of) v Mole Valley District Council and Another CA 7-May-2014
. .
Cited – Hopkins Homes Ltd v Secretary of State for Communities and Local Government and Another Admn 30-Jan-2015
. .
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
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 . .
Cited – Regina v Aylesbury Vale District Council and Another; Ex Parte Chaplin and Others CA 19-Aug-1997
A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused. . .
Cited – Regina v Mendip District Council ex parte Fabre 2000
The planning committee had accepted the officer’s recommendation: ‘ . . one is concerned with the members’ reasons not the planning officer’s, but where a planning officer makes a recommendation which is followed by the members, the reasonable . .
Cited – Berkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
Cited – Oakley v South Cambridgeshire District Council and Another CA 15-Feb-2017
Appeal against rejection of challenge to grant of permission for development of football ground.
Held: A common law duty on an authority to give reasons did arise in the particular circumstances of that case: where the development would have a . .
Cited – Campaign To Protect Rural England, Kent (CPRE), Regina (on The Application of) v Dover District Council CA 14-Sep-2016
Appeal against grant of permission to bring judicial review of a planning decision.
Held: The appeal was allowed, and the permission quashed. Laws LJ pointed to three particular factors as calling for clear reasons: the ‘pressing nature’ of . .
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Cited – Secretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 27 November 2022; Ref: scu.599755

Regina v Aylesbury Vale District Council and Another; Ex Parte Chaplin and Others: CA 19 Aug 1997

A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused.

Citations:

Times 19-Aug-1997, [1997] EWCA Civ 2262, [1998] JPL 49, (1998) 76 P and CR 207, [1997] 3 PLR 55

Links:

Bailii

Statutes:

Town and Country Planning Act 1970 78

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Aylesbury Vale District Council and Another, Ex Parte Chaplin and Others QBD 23-Jul-1996
There was no common law duty to give reasons for a grant of permission after a refusal. . .

Cited by:

Cited – Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Cited – Dover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 26 November 2022; Ref: scu.86074

ES, Regina (on The Application of) v London Borough of Barking and Dagenham: Admn 27 Mar 2013

The claimant sought judicial review of the Defendant’s failure to assess her son’s needs for the purposes of providing accommodation and support under section 17 of the 1989 Act. While the case is specific to its particular facts, it raises the question of the extent to which the Defendant could rely upon the Secretary of State’s power to provide facilities for accommodation under section 4 of the 999 Act in deciding whether or not to carry out an assessment of need.

Judges:

Robin Purchas QC

Citations:

[2013] EWHC 691 (Admin)

Links:

Bailii

Statutes:

Children Act 1989 17, Immigration and Asylum Act 1999 4

Local Government, Children, Immigration

Updated: 14 November 2022; Ref: scu.472074

Regina v Yorkshire Purchasing Organisations, Ex Parte British Educational Suppliers Association: CA 10 Jul 1997

Local Authority can collect and store goods for resale to a public body, but has no power to procure goods on request for commission.

Citations:

Times 10-Jul-1997

Statutes:

Local Authority (Goods and Services) Act 1970 1(1)(a)

Jurisdiction:

England and Wales

Local Government

Updated: 06 November 2022; Ref: scu.88357

Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: CA 25 Feb 1997

A Local Authority involved in a boundary change has power to make a deal with a neighbouring authority over land.

Citations:

Gazette 05-Mar-1997, Times 25-Feb-1997

Statutes:

Local Government Act 1972 68

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council QBD 14-Dec-1995
The Secretary of State may appoint an arbitrator to decide between local authorities on a land transfer dispute on a re-organisation of local government. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 05 November 2022; Ref: scu.87807

Hunt v North Somerset Council: Admn 18 Jul 2012

The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the Council unlawfully failed to comply either with (i) its obligations under section 507B of the Education Act 1996 and the applicable statutory guidance, or (ii) its public sector equality duties under section 149 of the Equality Act 2010.
Held: The request for review was refused, the court rejecting each assertion.

Judges:

Wyn Williams j

Citations:

[2012] EWHC 1928 (Admin)

Links:

Bailii

Statutes:

Education Act 1996 507B, Equality Act 2010 149

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hunt, Regina (on The Application of) v North Somerset Council CA 6-Nov-2013
Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported . .
At First Instance – Hunt v North Somerset Council SC 22-Jul-2015
The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the . .
Appeal from – Hunt, Regina (on The Application of) v North Somerset Council CA 21-Nov-2013
Reasons for costs order made on failure of the claimant’s applications.
Held: The respondent should be entitled to recover half of its costs of the appeal. Rimer LJ said that by the time that the appeal came on for hearing, it was far too late . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 03 November 2022; Ref: scu.462954

Regina v Parking Adjudicator; Ex Parte Wandsworth London Borough Council: CA 26 Nov 1996

The person registered as the keeper is the person liable to pay a parking fine though the actual act of parking which gave rise to the fine was one carried out by the garage with whom the car had been left for repair.

Citations:

Gazette 27-Nov-1996, Times 26-Nov-1996, [1996] EWCA Civ 869, [1998] RTR 51, [1997] COD 155

Links:

Bailii

Statutes:

Road Traffic Act 1991 66 Sch6

Jurisdiction:

England and Wales

Road Traffic, Local Government

Updated: 03 November 2022; Ref: scu.87520

Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the order was no longer exercisable.
Held: A compulsory purchase order cannot be kept alive beyond the three year limit after its publication. The service of the particulars under 3(3) of the 1981 Act did not exercise the powers given by the order; that could only be done by a notice to treat. Accordingly the notice had lapsed. The failure by parliament when passing legislation in a related field to overrule a decision did not have the effect of confirming that decision.

Judges:

Vinelott J

Citations:

Times 23-Jun-1993, 91 LGR 608

Statutes:

Compulsory Purchase (Vesting Declarations) Act 1981 4, Compulsory Purchase Act 1965 4 5, Acquisition of Land Act 1981 3(1) 26(1), Planning and Compensation Act 1991 67

Jurisdiction:

England and Wales

Citing:

Not followed – Westminster City Council v Quereshi 1961
. .
Cited – Hagee (London) Ltd v A B Erikson and Larson (a Firm) CA 1975
Tenancy at Will not protectable by 1954 Act
A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while . .
Cited – Otter v Norman HL 1988
The Rent Act 1977 had provided that a tenancy was not to be taken to be a protected tenancy of a dwelling house: ‘bona fide let at a rent which includes payments in respect of board or attendance’
Held: Where a landlord provided a continental . .
Cited – Phillips v Mobil Oil 1989
. .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 03 November 2022; Ref: scu.79487

Shanks and Others (T/A Blue Line Taxis), Regina (on The Application of) v The Council of The County of Northumberland: Admn 1 Jun 2012

The court considered the powers of a local authority to impose conditions on the grant of a hackney carriage licence under section 37 of the 1847 Act, and the relationship between that statutory provision and section 47 of 1976 Act.

Judges:

Foskett J

Citations:

[2012] EWHC 1539 (Admin), [2013] PTSR 154

Links:

Bailii

Statutes:

Town Police Clauses Act 1847 37, Local Government (Miscellaneous Provisions) Act 1976 47

Jurisdiction:

England and Wales

Licensing, Local Government

Updated: 31 October 2022; Ref: scu.459883

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages.
Held: The contention was rejected. Insurance for local authorities and police authorities against vicarious liability including for criminal liability and for exemplary damages is not unlawful. The words of the clause ‘all sums which the insured shall become legally liable to pay as compensation’ was not clear as to its extent, and was not to be limited to any claim for compensation as such. Exemplary damages went beyond pure compensation but were included. Nor was there any public policy against insuring for liability for criminal conduct.
Simon Brown LJ discussed the use of public policy as an aid to construction: ‘The only way in which public policy can properly be invoked in the construction of a contract is under the rule ut res magis valeat quam pereat: if the words are susceptible of two meanings, one of which would validate the particular clause or contract and the other render it void or ineffective, then the former interpretation should be applied even though it might otherwise, looking merely at the words and their context, be less appropriate.’ and
‘Although I accept Mr. Glasgow’s submission that the natural and ordinary meaning of ‘compensation’ in the context of a legal liability to pay damages is one which excludes any element of exemplary damages, I cannot accept that this meaning is wholly clear and unambiguous. On the contrary it involves very much a literal, lawyer’s understanding of the term and is one which would not command universal acceptance. Many, including no doubt most recipients, would regard compensation to mean instead all damages (of whatever character and however calculated) payable to the victim of a tort.’

Judges:

Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe

Citations:

Gazette 05-Jun-1996, Times 08-Apr-1996, [1997] QB 897, [1996] EWCA Civ 1345, [1996] 3 All ER 545, [1996] 3 WLR 493, [1996] CLC 1459

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Riches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.

Cited by:

Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Mulcaire v News Group Newspapers Ltd ChD 21-Dec-2011
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He . .
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Torts – Other, Local Government, Police

Updated: 31 October 2022; Ref: scu.82914

Regina v Poole Borough Council Ex Parte Cooper: QBD 13 Oct 1994

Statutory housing enquiries may not be held as confidential to the authority. The information is obtained by the Local Authority in order to be put to the homeless applicant, and no privilege can be attached or given.

Citations:

Times 21-Oct-1994, Independent 13-Oct-1994

Jurisdiction:

England and Wales

Local Government, Housing

Updated: 27 October 2022; Ref: scu.87555

Regina v Northavon District Council Ex Parte Palmer: CA 1 Aug 1995

A Local Authority’s failure to operate its Housing Act duties correctly gave no right to a private law claim for damages

Citations:

Times 01-Aug-1995, Independent 09-Aug-1995

Statutes:

Housing Act 1985, Supreme Court Act 1981 31(4)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 27 October 2022; Ref: scu.87463

Taylor v Newham London Borough Council: CA 1 Mar 1993

When a tenant sought an order enforcing his right to buy his house, the judge had no discretion to refuse the order on the grounds of hardship. Once the conditions were satisfied, the tenant’s rights were absolute.

Citations:

Ind Summary 01-Mar-1993

Statutes:

Housing Act 1985 138(3)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 26 October 2022; Ref: scu.89748

Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993

A Local Authority may admit a minor in care to a mental hospital for assessment or treatment. Section 131 merely preserves or confirms the common law and previous law. Consent requires proof of conduct and a reasoning capacity.

Judges:

Lloyd LJ

Citations:

Ind Summary 12-Apr-1993, [1993] FLR 187

Statutes:

Mental Health Act 1983 131

Jurisdiction:

England and Wales

Cited by:

Cited – L v Bournewood Community and Mental Health NHS Trust Admn 9-Oct-1997
L was adult autistic. He had been admitted to mental hospital for fear of his self-harming behaviours, and detained informally. He complained that that detention was unlawful.
Held: The continued detention of a mental health patient who is . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children, Health

Updated: 26 October 2022; Ref: scu.87087

Regina v Avon County Council Ex Parte Terry Adams Ltd: CA 20 Jan 1994

Tendering procedures adopted by a Local Authority must not be framed to prefer their own company.

Citations:

Times 20-Jan-1994

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Avon County Council, Ex Parte Terry Adams Ltd QBD 7-Jul-1993
A council has no duty to consider the interests of waste disposal contractors. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 26 October 2022; Ref: scu.86071

M and Another v Newham London Borough Council and Others; X (Minors) v Bedfordshire County Council: CA 24 Feb 1994

A local authority was not liable in damages for breach of a statutory duty in Social Services. The policy which has first claim on the loyalty of the law is that wrongs should be remedied. The court would not go so far as to hold that the education authorities owed the plaintiffs a duty of care, it was equally not willing to say that the claims were ‘unarguable or almost incontestably bad’ and ‘If a plaintiff can show (1) that the adverse consequences of his congenital defect could have been mitigated by early diagnosis of the defect and appropriate treatment or educational provision; (2) that the adverse consequences of his congenital defect were not mitigated because early diagnosis was not made, or appropriate treatment not given or provision not made, with resulting detriment to his level of educational attainment and employability; and (3) that this damage is not too remote, I do not regard the claim for damage to be necessarily bad.’
Sir Thomas Bingham MR (dissenting): ‘It would require very potent considerations of public policy which do not in my view exist here, to override the rule of public policy which has first claim on the loyalty of the law: that wrongs should be remedied.’

Judges:

Sir Thomas Bingham MR, Evans LJ

Citations:

Independent 24-Feb-1994, Times 03-Mar-1994, [1995] 2 AC 633

Jurisdiction:

England and Wales

Citing:

Appeal from – X (Minors) v Bedfordshire County Council QBD 24-Nov-1993
A local authority has no duty of care in negligence as to the education of children beyond its statutory obligations to children in its care. . .

Cited by:

Appeal from – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Adams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Lists of cited by and citing cases may be incomplete.

Local Government, Negligence

Updated: 26 October 2022; Ref: scu.83253

City of Bradford Metropolitan Council v McMahon and McMahon: CA 21 Apr 1993

The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: ‘It is a creature of statute and is sui generis; if it is helpful to equate it to some more general right recognised by the courts I would prefer to describe it as analogous to a personal equity.’

Judges:

Balcombe LJ

Citations:

Independent 21-Apr-1993, [1994] 1 WLR 52, (1993) 25 HLR 534

Statutes:

Housing Act 1985 121 ff

Jurisdiction:

England and Wales

Cited by:

Cited – Zionmor v Mayor and Burgesses of London Borough of Islington CA 10-Oct-1997
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Land

Updated: 26 October 2022; Ref: scu.79145

JG and Another v Lancashire County Council: Admn 2 Sep 2011

The applicants, pensioners with disabilities, challenged by judicial review decisions by the respondent to reduce the support services it supplied to them.

Judges:

Kenneth Parker J

Citations:

[2011] EWHC 2295 (Admin), (2011) 14 CCL Rep 629, [2012] PTSR D3, [2011] BLGR 909

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 19 September 2022; Ref: scu.443598

DM, Regina (on The Application of) v Wigan Metropolitan Borough Council: Admn 21 Jun 2011

The claimant sought judcial review of the defendant’s withdrawal of the provision of transport to and from a leisure facility, and otherwise.

Judges:

Pelling QC J

Citations:

[2011] EWHC 2175 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Children

Updated: 17 September 2022; Ref: scu.442699

Kirklees Council v Information Commissioner and Pali Ltd: UTAA 10 Mar 2011

Information rights – Environmental information – general -‘ the Commissioner’s determination that all of the information requested must be made available by the Appellant to the Second Respondent for examination in situ without charge, and that the Appellant was in breach of its duties under the Regulations in declining to do so, was correct and is confirmed. For the avoidance of doubt, this only requires the Appellant to make available for examination information held by it, whether electronically or in physical form, from which a set of answers to the standard enquiries on form Con29R in relation to the property can be derived. It does not require the Appellant to conduct any more refined evaluation of any such information or its actual relevance (if any) to any such enquiry, or to provide any information in the form of actual or putative answers to the enquiries themselves. Nor does it require the disclosure of any personal data contrary to Regulation 13.’

Citations:

[2011] UKUT 104 (AAC), [2011] AACR 44

Links:

Bailii

Statutes:

Environmental Information Regulations 2004, Local Land Charges Act 1975 3

Jurisdiction:

England and Wales

Land, Local Government, Information

Updated: 07 September 2022; Ref: scu.433518

Buckinghamshire County Council v Royal Borough of Kingston Upon Thames: CA 19 Apr 2011

Appeal against a decision refusing an application by the council to declare unlawful a decision of the the respondents to move SL from residential accommodation provided by the National Society for Epilepsy into other accommodation.
Held: The appeal failed: ‘The context here is an assessment under s.47 in which . . the duty is owed to SL to carry out a proper assessment of her needs. Nothing in that context requires BCC to be consulted before a care plan can be put into place. The obligation of a local authority to provide for those in need of care and attention due to age, illness or disability who are ordinary resident in their area is long-standing and is now established in s.21 of the 1948 Act. The 1990 Act did not alter this. Consequently BCC assumed responsibility for SL when she moved to private accommodation in their area and could have carried out their own s.47 assessment to resolve any issues between them and the LHA. This and the other factors . . point in my view decisively against the implication of the legal duty which is contended for.’

Judges:

Pill, Patten, Munby LJJ

Citations:

[2011] EWCA Civ 457, [2011] ACD 83, [2011] Fam Law 814, (2011) 14 CCL Rep 426, [2012] PTSR 854,

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Health

Updated: 06 September 2022; Ref: scu.432834

H and L v A City Council: CA 14 Apr 2011

The court was asked when and how it is proper for a local authority to make disclosure to someone’s commercial contacts of the fact that he is a convicted sex offender.
Held: Where human rights are involved, the appropriate standard of review which the court must adopt is not the Wednesbury test of irrationality but the more intense Daly standard.

Citations:

[2011] EWCA Civ 403

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights, Administrative

Updated: 06 September 2022; Ref: scu.432813

H, Regina (on The Application of) v Birmingham City Council: Admn 7 Dec 2010

The court heard an application by the claimant, by his mother and litigation friend, for judicial review of a decision of the defendant council relating to the review of a policy for providing respite care styled Fair Access to Short Breaks to Carers.

Judges:

Purle QC J

Citations:

[2010] EWHC 3754 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 06 September 2022; Ref: scu.431944

Countryliner Ltd v Surrey County Council: CA 8 Mar 2011

The claimant company said that the Council had failed to meet its duties under the Regulations when awarding contracts for public transport services.

Judges:

Longmore, Eterton LJJ, Sir Richard Buxton

Citations:

[2011] EWCA Civ 373

Links:

Bailii

Statutes:

Public Contract Regulations 2006

Jurisdiction:

England and Wales

Contract, Local Government

Updated: 06 September 2022; Ref: scu.431893

Sita UK Ltd v Greater Manchester Waste Disposal Authority: CA 24 Feb 2011

The claimant said that the defendant, in awarding a contract for the disposal of waste, had infringed the regulations constituting public procurement law.

Judges:

Arden, Rimer, Elias LJJ

Citations:

[2011] EWCA Civ 156

Links:

Bailii

Statutes:

Directive 89/665

Jurisdiction:

England and Wales

Local Government, European

Updated: 03 September 2022; Ref: scu.430048

Grogan, Regina (on the Application of) v Bexley NHS Care Trust and others: Admn 25 Jan 2006

The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care.
Held: The question for the court was whether in carrying out its assessment the Defendant had taken a lawful approach in, and by applying, its criteria, and whether it did not apply the primary health need approach. The criteria used were flawed as alleged.

Judges:

Charles J

Citations:

[2006] EWHC 44 (Admin), [2006] LGR 491

Links:

Bailii

Statutes:

National Health Service Act 1977 17

Jurisdiction:

England and Wales

Citing:

Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .

Cited by:

Cited – Green, Regina (on the Application of) v South West Strategic Health Authority Admn 28-Oct-2008
The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines.
Held: In . .
Cited – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Lists of cited by and citing cases may be incomplete.

Health, Benefits, Local Government

Updated: 02 September 2022; Ref: scu.238156

L, Regina (on The Application of) v Leeds City Council: Admn 12 Nov 2010

The court considered a claim for judicial review based on an allegation that the local authority was failing in its duty towards a child suffering cystic fibrosis, in not providing a ttreatment room for her in her own home.
Held: The court emphasised the eed for a claimant seeking judicial review to provide clear grounds for the request.

Judges:

Langstaff J

Citations:

[2010] EWHC 3324 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hinds, Regina (on The Application of) v Blackpool Council Admn 17-Mar-2011
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 31 August 2022; Ref: scu.427280

Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012

The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system.
Held: The claim succeeded. The council’s Licensing Sub-Committee had failed to determine any yearly fee after 7 September 2004 (when it determined the fee for the year ended 31 January 2005 and no more) until 5 January 2012 (when it determined the fee for the year ended 31 January 2013). All that had happened in the intervening years was that the council’s officers had simply assumed that the same fee as set on 7 September 2004 continued to apply and had charged licence applicants accordingly.

Judges:

Keith J

Citations:

[2012] EWHC 1260 (Admin), [2012] PTSR 1676

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
Cited – Regina v Westminster City Council, ex parte Hutton 1985
H challenged the fee set for applying for a livence to operate a sex shop. The administrative costs on which the fee was based in the year in question included a sum representing the supposed shortfall in fee income against administrative costs in . .
Cited – Regina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
Cited – Waikato Regional Airport Ltd and others v Attorney General PC 30-Jun-2003
PC New Zealand . .

Cited by:

Appeal from – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At First Instance – Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 19 August 2022; Ref: scu.457760

Wilson v Ashford Borough Council: Admn 9 Mar 2010

The defendant appealed against an order for costs made against her after service and enforcement of an abatement notice with respect to an audible intruder alarm at her premises. She had first lodged an appeal to the Crown Court, but argued that having abandoned it more than three days before the hearing it had been wrong to make the costs order.
Held: The appeal failed. The Crown Court rule providing agaoinst the making of a costs order where the appeal was abandoned was subject expressly to the power givenn to the Magistrates under section 109. ‘The Magistrates were bound to consider the application for costs under section 109 on its merits and in my judgment were right to reject the submission that legitimate expectation or abuse of process should have caused them to reject the application in limine.’

Judges:

Leveson LJ, Cranston J

Citations:

[2010] EWHC 639 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990, Magistrates’ Courts Act 1980 109, Crown Court Rules 11 12

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Crown Court at Knightsbridge ex parte Commission of Custom and Excise QBD 1986
The defendant had appealed against his conviction to the Crown Court, but then given notice under rule 11 of his abandonment of the appeal. A few months later a Crown Court judge allowed an application for its re-instatement.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Costs, Local Government

Updated: 17 August 2022; Ref: scu.408635

Chegwyn, Regina (on The Application of) v Standards Board for England: Admn 15 Feb 2010

The claimant appealed against a disqualification imposed on him from becoming a local counsillor.

Judges:

Collins J

Citations:

[2010] EWHC 471 (Admin), [2010] BLGR 614

Links:

Bailii

Statutes:

Local Government Act 2000 78B(4)

Jurisdiction:

England and Wales

Local Government

Updated: 15 August 2022; Ref: scu.402728

MT, Regina (on The Application of) v London Borough of Hillingdon: CA 21 Jan 2010

Renewed application for permission to appeal against the refusal to grant permission to the applicant, MT, to apply for judicial review of a decision made by the London Borough of Hillingdon.

Judges:

Rimer LJ

Citations:

[2010] EWCA Civ 35

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Children, Immigration

Updated: 13 August 2022; Ref: scu.396705

Armes v Nottinghamshire County Council: SC 18 Oct 2017

The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability?
Held: The appeal succeeded (Lord Hughes dissenting). The local authority was vicariously liable for the torts committed by the foster parents in this case. However, the proposition that a local authority is under a duty to ensure that reasonable care is taken for the safety of children in care, while they are in the care and control of foster parents, is too broad, and that the responsibility with which it fixes local authorities is too demanding.

Judges:

Lady Hale, Lord Kerr, Lord Clarke, Lord Reed, Lord Hughes

Citations:

[2017] UKSC 60, [2018] PIQR P4, [2017] PTSR 1382, [2018] AC 355, [2017] 3 WLR 1000, [2018] 1 FLR 329, (2017) 20 CCL Rep 417, [2018] 1 All ER 1, UKSC 2016/0004

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC Video 20170208 am, SC Video 20170208 pm, SC Video 20170209 pm, SC Video 20170209 am

Statutes:

Children and Young Persons Act 1969, Child Care Act 1980, Boarding-Out of Children Regulations 1955

Jurisdiction:

England and Wales

Citing:

Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – KLB v British Columbia 2-Oct-2003
Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government . .
Cited – The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Appeal from – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
At CA – NA v Nottinghamshire County Council CA 12-Nov-2015
Appeal against finding that a local authority was not responsible for the sexual abuse of the appellant whilst with foster carers as a child.
Held: As to whether the duty as non-delegable, such a duty must relate to a function which the local . .
Removal of Anonymity – Armes v Nottinghamshire County Council QBD 15-Nov-2016
Application to set aside anonymity order granted in earlier proceedings alleging sexual abuse. . .
Cited – New South Wales v Lepore 6-Feb-2003
Austlii (High Court of Australia) 1. Appeal allowed in part
2. Paragraph 2 of the order of the Court of Appeal of New South Wales made on 23 April 2001 set aside, and in its place, order that the judgment . .
Cited – Cox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
Cited – S v Walsall Metropolitan Borough Council CA 1985
The court was asked whether local authorities are vicariously liable for torts committed by foster parents against children placed with them while in care.
Held: The claim was rejected. The critical question was whether the foster parents were . .
Cited – Carmarthenshire County Council v Lewis HL 17-Feb-1955
The House considered the unexplained fact that in the temporary absence of the teacher (who, on the evidence, was not negligent) it was possible for a child of four to wander from the school premises onto the highway, through a gate which was either . .
Cited – Perry and Another v Harris (A Minor) CA 31-Jul-2008
The defendant had organised a children’s party. The claimant (11) was injured when a bigger boy was allowed to use the bouncy castle at the same time. The defendants appealed the award of damages.
Held: The appeal succeeded. The relevant . .
Cited – Morris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
Cited – Port Swettenham Authority v T W Wu and Co (M) Sdn Bhd PC 19-Jun-1978
A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a . .
Cited – Myton v Woods CA 1980
A claim was made against a local education authority for the negligence of a taxi firm employed by the authority to drive children to and from school.
Held: The claim failed. The authority had no statutory duty to transport children, but only . .
Cited – Surtees v Royal Borough of Kingston upon Thames CA 27-Mar-1991
Because children can injure themselves in so many ways, someone caring for them is not universally liable for injury to a child in their care.
A duty owed in respect of a parent’s own child may be lower. . .
Cited – JGE v The English Province of Our Lady of Charity and Another QBD 8-Nov-2011
The court was asked as a preliminary issue who should be the defendant where a claim was made of rape and other assaults by a priest who was a member of the diocese of the second defendant, but employed by the first defendant school. . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .

Cited by:

Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Local Government, Negligence, Children

Updated: 07 August 2022; Ref: scu.597257

Prankerd, Regina (On the Application of) v The Carrick District Council: QBD 24 Jul 1998

The court considered the unresolved question as to the statutory power of a harbour authority to distrain for non-payment of mooring charges in respect of a private yacht.

Judges:

Lightman J

Citations:

[1998] EWHC 2005 (QB), [1999] QB 1119, [1999] 2 WLR 489, [1998] 2 Lloyd’s Rep 675

Links:

Bailii

Local Government, Transport

Updated: 04 August 2022; Ref: scu.375088

Kommune and Another v DEPFA Acs Bank: ComC 4 Sep 2009

Local authorities in Denmark sought to recover sums paid to the defendant banks for swap trading, saying that the payments had been outwith their powers.

Judges:

Tomlinson J

Citations:

[2009] EWHC 2227 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
Cited – Guinness Mahon and Co Ltd v Kensington and Chelsea London Borough Council CA 2-Mar-1998
Where a local authority entered into a loan agreement outside its powers, the agreement was void ab initio, not merely voidable, and all moneys paid could be reclaimed. . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Cited – NIRU Battery Manufacturing Company and Another v Milestone Trading Ltd and others ComC 8-May-2003
There was a contract for the sale of lead ingots. The sale was supported by letters of credit but inaccurate certificates were issued to release payment. The parties sought now to amend the contributions in the light of the Royal Brompton Hospital . .
Cited – Goss and others v Laurence George Chilcott As Liquidator of Central Acceptance Limited (In Liquidation) PC 23-May-1996
(New Zealand) Mr and Mrs Goss, had been granted a loan by the claimant finance company under a mortgage instrument that had been avoided by the claimant because it had been fraudulently altered by Mr Haddon, an employee of the claimant, without the . .

Cited by:

Appeal From – Haugesund Kommune and Another v Depfa Acs Bank CA 27-May-2010
. .
Lists of cited by and citing cases may be incomplete.

Financial Services, Local Government, Banking

Updated: 04 August 2022; Ref: scu.374385

Wyatt v Hillingdon London Borough Council: CA 1978

A local authority was sued by a disabled person for breach of the duty imposed by s.2 of CSDPA.
Held: The case was struck out on the basis that her proper remedy was to persuade the Minister to use his default powers under s. 36 of the 1948 Act. As to her claim for damages, Geoffrey Lane LJ said: ‘It seems to me that a statute such as this, which is dealing with the distribution of benefits–or, to put it perhaps more accurately, comforts to the sick and disabled–does not in its very nature give rise to an action by the disappointed sick person. It seems to me quite extraordinary that if the local authority, as is alleged here, provided, for example, two hours less home help than the sick person considered herself entitled to, that that can amount to a breach of statutory duty which will permit the sick person to claim a sum of monetary damages by way of breach of statutory duty.’

Judges:

Geoffrey Lane and Eveleigh LJJ

Citations:

(1978) 76 LGR 727

Statutes:

Chronically Sick and Disabled Persons Act 1970 2, National Assistance Act 1948 36

Jurisdiction:

England and Wales

Cited by:

Cited – O’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 31 July 2022; Ref: scu.180464

St Gabriel Properties Ltd v London Borough of Lewisham and Another (Community Rights: Dismissed): FTTGRC 23 Jan 2015

CAMRA had applied for the inclusion of a public house within the community list of assets maintained by the defendant.

Citations:

[2015] UKFTT CR – 2014 – 0011 (GRC

Links:

Bailii

Statutes:

Localism Act 2011

Jurisdiction:

England and Wales

Local Government

Updated: 26 July 2022; Ref: scu.542481

Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD 23 Nov 2000

Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was a claim that a local government was a charity.
Held: The defence could not succeed. The functions of a local authority would not normally be considered charitable. In this context, ‘social welfare’ was an inappropriate expression to describe such activities. Similarly the term ‘organisation’ in the Act, in this particular phrase, was to be read ejusdem generis with the words ‘club’ and ‘society’. It could not apply to a local authority. The function of a local authority is to carry out the administrative and governmental functions, in respect of its area. The legislature had thought it right to devolve those functions from national government. Those functions might include social welfare, but that was not its main purpose.

Judges:

Neuberger J

Citations:

Gazette 18-Jan-2001, Times 19-Dec-2000, [2000] EWHC 455 (Ch), [2001] 1 WLR 400, [2001] EMLR 446, [2001] RPC 594

Links:

Bailii

Statutes:

Copyright Designs and Patents Act 1988 67

Jurisdiction:

England and Wales

Intellectual Property, Local Government, Charity

Updated: 25 July 2022; Ref: scu.84728

Regina v Wandsworth Borough Council Ex Parte Crooks (And Six Other Applications): QBD 30 Mar 1995

Local Authority may re-house in private sector on an assured shorthold tenancy which was expected to be renewed under normal circumstances.

Citations:

Independent 30-Mar-1995, Times 12-Apr-1995

Statutes:

Housing Act 1985 65(2)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 24 July 2022; Ref: scu.88242

In Re C (A Minor) (Interim Care Order: Residential Assessment): HL 29 Nov 1996

The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The judge made an interim care order and gave an order for a residential assessment. The parents now appealed the decision of the Court of Appeal reversing that order.
Held: The parents’ appeal succeeded. An order for an assessment of a child together with the child’s family in a residential unit was within the power of the court assessing the need for a care order, and the court had power to override the authority’s objections if that was required to make its own decision. The section is to be given a wide reading, and the Act read purposively. Sections 38 (6) and (7) were not restricted to medical and psychiatric assessment alone. It was clear from the Act that ‘any other assessment’ of the child could be ordered. This could cover an assessment of the interaction between the child and parent. Though the the court may not order a child or a parent to participate in an assessment under s 38(6) it can override the powers the Local Authority.

Lord Browne-Wilkinson: ‘This broad approach is supported by consideration of s 38(7) which does not appear to have been drawn to the attention of the Court of Appeal either in Re M or in the present case. Subsection (7) confers on the court the power to prohibit an examination or assessment which the local authority is proposing to make. It is manifestly directed to the type of conduct by social services revealed by the Cleveland Inquiry, ie repeated interviews and assessments of the child and his parents which are detrimental to the child. This negative control by the court cannot have been intended to be limited to cases where the child, and only the child, is to be assessed. If it is to be fully effective to prevent damage to the child, the power under s 38(7) must also extend to cases where it is proposed to assess the relationship between the parents and the child.’ and ‘ . . it is impossible to assess a young child divorced from his environment. The interaction between the child and his parents or other persons looking after him is an essential element in making any assessment of the child.’

Judges:

Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Hope of Craighead

Citations:

Times 29-Nov-1996, [1996] UKHL 4, [1997] AC 489, [1996] 4 All ER 871, [1997] 1 FLR 1, [1997] Fam Law 228, [1997] 1 FCR 149, 95 LGR 367

Links:

House of Lords, Bailii

Statutes:

Children Act 1989 38(6) 38(7)

Jurisdiction:

England and Wales

Citing:

Not Followed – In Re M (Interim Care Order: Assessment) CA 2-Jan-1996
There was no jurisdiction under section 38(6) to order residential assessment of a family involved in care proceedings. The words ‘other assessment of the child’ had to be construed as ejusdem generis with the words ‘medical or psychiatric . .
Cited – In re L CA 1996
In exercising its jurisdiction under the Act, the court’s function is investigative and non-adversarial. Ward LJ: the court had no power to order a residential assessment at a specified place. Millett LJ agreed, but said that a judge could impose ‘a . .

Cited by:

Cited – In Re M (Residential Assessment Directions) FD 23-Sep-1998
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not . .
Cited – SD, Re Application for Judicial Review OHCS 2-Oct-2003
Parents sought judicial review of a decision not to open a Record of Needs for their child. A report said that the child was dyslexic. The applicants said his condition had not improved after an earlier request to open a record had been refused.
Cited – In re G (a Child) (Interim Care order: Residential assessment) CA 27-Jan-2004
An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court . .
Applied – Re M (Residential Assessment Directions) CA 1997
The mother was seen to be unstable with a history of self harm, and with a violent association. Two older children were in care, and despite psychiatric evidence that she was improving the authority resisted a suggestion that there be a residential . .
Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 19 July 2022; Ref: scu.81774

M, Regina (on the Application of) v London Borough of Barnet: Admn 6 Aug 2008

Challenge to the alleged ongoing refusal by the defendant to acknowledge its obligations to her under section 20 of the Children Act 1989 and therefore its alleged ongoing failure to comply with its obligations to her as a looked after, and therefore an eligible, child for the purposes of the leaving care provisions.

Citations:

[2008] EWHC 2354 (Admin), [2008] Fam Law 1197, [2009] 2 FLR 725

Links:

Bailii

Jurisdiction:

England and Wales

Children, Local Government

Updated: 19 July 2022; Ref: scu.276993

Chiltern District Council, Regina (on the Application of) v Wren Davis Ltd: Admn 24 Jul 2008

The company appealed a notice requiring them to abate noise. They failed, but the effect was to extend the time for compliance by six months. The authority sought their costs since they had upheld the notice.

Judges:

Sir George Newman

Citations:

[2008] EWHC 2164 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 80

Jurisdiction:

England and Wales

Magistrates, Local Government

Updated: 19 July 2022; Ref: scu.276531

Kaur and Another, Regina (on the Application of) v London Borough of Ealing and Another: Admn 29 Jul 2008

The applicants, representatives of the Black Sisters, challenged the implementation of a policy allocating grants. The authority required the services sponsored to provise services irrespective of race. The Black Sisters said this would impact disproportionately on black and ethnic minorities.
Held: A Minister must assess the risk and extent of any adverse impact and the ways in which such risk may be eliminated before the adoption of a proposed policy and not merely as a ‘rear guard action’, following a concluded decision.

Judges:

Moses LJ

Citations:

[2008] EWHC 2062 (Admin)

Links:

Bailii

Cited by:

Cited – AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .
Lists of cited by and citing cases may be incomplete.

Local Government, Discrimination

Updated: 19 July 2022; Ref: scu.276239

Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and AK: Admn 18 Jul 2008

Two local authorities disputed who should take responsibility for the care of a vulnerable young person. He had first claimed asylum in Liverpool, then was detained in Oxfordshire and last in Hillingdon who returned him on his request to Liverpool, who then refused responsibility.
Held: The connection was with Liverpool, and Hillingdon’s involvement ceased on his return to Liverpool.

Judges:

Goudie QC J

Citations:

[2008] EWHC 1702 (Admin), Times 03-Oct-2008

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another CA 10-Feb-2009
The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Immigration

Updated: 18 July 2022; Ref: scu.271103

Winchester College, Warden and Fellows of and Another; Regina (on the Application of) v Food and Rural Affairs: Admn 28 Nov 2007

The applicants challenged the refusal of the defendant to alter the definitive right of way map.

Judges:

George Bartlett QC J

Citations:

[2007] EWHC 2786 (Admin), Times 08-May-2008

Links:

Bailii

Statutes:

Natural Environment and Rural Communities Act 2006 67, Wildlife and Countryside Act 1981 Part III

Jurisdiction:

England and Wales

Cited by:

Appeal from – Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 12 July 2022; Ref: scu.261598

British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007

Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised.
Held: There is an emerging consensus that, at least in care cases, judgments should be published, albeit in anonymised form, Subject to appropriate anonymisation, the material should be published.

Judges:

Munby J

Citations:

[2007] EWHC 616 (Fam), [2007] 2 FLR 765

Links:

Bailii

Statutes:

Children Act 1989 31(2)

Jurisdiction:

England and Wales

Citing:

Cited – B (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Cited – Norfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
Cited – Clayton v Clayton CA 27-Jun-2006
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified.
Cited – A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – George Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
Cited – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
Cited – Re Angela Roddy (a child) (identification: restriction on publication), Torbay Borough Council v News Group Newspapers FD 2-Dec-2003
A twelve year old girl had become pregnant. The Catholic Church was said to have paid her not to have an abortion. After the birth she and her baby were taken into care. The authority proposed the adoption of the baby. There was more publicity. . .
Cited – Doorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Cited – A Health Authority v Dr X and Others CA 21-Dec-2001
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with . .
Cited – A Health Authority v X (Discovery: Medical Conduct) FD 2001
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible . .

Cited by:

See also – Doctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Local Government

Updated: 11 July 2022; Ref: scu.253470

Islington London Borough Council v Honeygan-Green (Honeygan): QBD 25 May 2007

The court considered whether the determination of a secure tenancy by the granting of a possession order, brings to an end an existing application which has established the right to buy at a particular time and at a particular price, or whether such an application is capable of being revived once the tenancy itself has been revived.
Held: Once the possession order had been granted, the tenant became a tolerated trespassser. Once she repaid the arrears, she became a secure tenant again, but she would then have to make a fresh application to purchase a long lease.

Judges:

Nelson J

Citations:

[2007] EWHC 1270 (QB), Times 28-Jun-2007, [2007] 4 All ER 818

Links:

Bailii

Statutes:

Housing Act 1985 122

Jurisdiction:

England and Wales

Cited by:

Appeal from – Honeygan-Green v London Borough of Islington CA 22-Apr-2008
The claimant was a council tenant with the right to buy her property. A possession order was made, but then discharged.
Held: On the revival of the tenancy her right to buy and discount was also revived, and there was no need to serve a fresh . .
Cited – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 11 July 2022; Ref: scu.253273

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 were entitled to be consulted before charges were increased.

Judges:

Hutchinson J

Citations:

[1994] 6 Admin L R 553, Times 28-Jan-1993, (1993) COD 340

Statutes:

Local Government (Miscellaneous Provisions) Act 1976

Jurisdiction:

England and Wales

Citing:

Followed – Regina v Barnsley Metropolitan Borough Council, ex parte Hook CA 1976
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 . .

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review

Updated: 10 July 2022; Ref: scu.185803

Rixon, Regina (on The Application of) v London Borough of Islington: Admn 15 Mar 1996

‘This application for judicial review concerns alleged failures of the London Borough of Islington to make provision according to law for the social, recreational and educational needs of the applicant . . who is now 25 and suffers from Seckels syndrome. He is blind, microcephalic, practically immobile, doubly incontinent and largely unable to communicate. He suffers from severe deformities of the chest and spine, a hiatus hernia and a permanent digestive disorder. His size and weight are those of a small child, but his helplessness and dependency are those of a baby. He is reliant on the devoted care of his mother and of others who assist her.’

Judges:

Sedley J

Citations:

[1996] EWHC 399 (Admin), (1996) 32 BMLR 136, (1997-98) 1 CCL Rep 119, [1997] ELR 66

Links:

Bailii

Jurisdiction:

England and Wales

Health, Local Government

Updated: 10 July 2022; Ref: scu.566421

London Borough of Bexley v Maison Maurice Ltd: ChD 15 Dec 2006

The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road.
Held: The result of the council’s decisions was to leave a ransom strip. Whilst the grant of planning permission to create a new access could not create an estoppel, the associated building works might. The company ‘had exchanged one means of access for another effective means of access to the highway; and conducted itself accordingly. In my judgment this belief was encouraged by the Council. ‘ An estoppel had been established against the council, and a declaration was made accordingly.

Citations:

[2006] EWHC 3192 (Ch)

Links:

Bailii

Statutes:

Highways Act 1980 24(2)

Jurisdiction:

England and Wales

Citing:

Cited – Hale v Norfolk County Council CA 17-Nov-2000
A public right away could not be presumed to have been granted by the owner of land adjoining a public highway merely from the erection of fences or hedges on the side of a highway. There is no simple rule that the land was deemed to have been . .
Cited – Rhyl Urban District Council v Rhyl Amusements Ltd 1959
The tenant said that the landlord local authority had accepted his surrender of his lease by granting a new one, but the new lease was void as ultra vires.
Held: Not even the surrender of their old lease on the promise to grant the new one . .
Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Cited – Crabb v Arun District Council CA 23-Jul-1975
The plaintiff was led to believe that he would acquire a right of access to his land. In reliance on that belief he sold off part of his land, leaving the remainder landlocked.
Held: His claim to have raised an equity was upheld. The plaintiff . .
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Grampian Regional Council v City of Aberdeen District Council 1984
The extinguishment of a private right is not a proper matter for a condition attached to a planning permission, even though a negative condition preventing development until a highway has been stopped up is unobjectionable. . .
Cited – Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed CA 22-Feb-2002
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the . .
Cited – Cobbe v Yeomans Row Management Ltd and Others ChD 25-Feb-2005
Principles for Proprietary Estoppel
A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 08 July 2022; Ref: scu.247404

Regina v Brentwood Borough Council Ex Parte Peck: Admn 18 Dec 1997

The claimant sought judicial review of the authority’s distribution to the media of a CCTV film of his attempted suicide.
Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection.

Judges:

Harrison J

Citations:

Times 18-Dec-1997, [1997] EWHC Admin 1041

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 111

Jurisdiction:

England and Wales

Intellectual Property, Judicial Review, Local Government, Media

Updated: 07 July 2022; Ref: scu.86197

Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society: Admn 5 Apr 2006

Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. A possibility of bias might be seen, but a fair minded and informed observer having regard to the particular circumstances would not conclude that there was a real possibility of apparent bias which might affect the decision.

Judges:

Newman J

Citations:

[2006] EWHC 742 (Admin), Times 14-Apr-2006

Links:

Bailii

Statutes:

Local Government Act 2000 51

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) HL 15-Jan-1999
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign . .
Cited – Georgiou v London Borough of Enfield; Cygnet Healthcare Ltd, Rainbow Developments, J Patel Admn 7-Apr-2004
The claimant sought to challenge a decision of the council to grant a Listed Building consent. Members who decided the applications had also been members of the Council’s Conservation Advisory Group which had held a meeting before the Planning . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited – Regina (McCann and Others) v Manchester Crown Court CA 9-Mar-2001
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Lists of cited by and citing cases may be incomplete.

Planning, Local Government

Updated: 05 July 2022; Ref: scu.240341

Isle of Wight Council v Revenue and Customs: VDT 23 Jan 2006

VDT LOCAL AUTHORITIES – Off-street parking – Taxable person – Whether treatment as non-taxable person in relation to off-street parking activities would result in significant distortions of competition – No – Sixth VAT Directive (77/388/EEC) Act 4.5

Citations:

[2006] UKVAT V19427

Links:

Bailii

VAT, Local Government

Updated: 05 July 2022; Ref: scu.238963

Stephenson, Regina (on the Application Of) v Stockton on Tees Borough Council: CA 26 Jul 2005

The disabled applicant received assistance from her daughter who had given up work to care for her, and whom she paid andpound;45.00 a week. The council applied their policy whch disallowed a deduction from her income of that sum.
Held: The council had treated policy as a rule, which it was not. The council could lawfully apply that policy but had to give consideration to whether the particular situation required it to be departed from. The council had already allowed exceptions for cases where cultural issues arose. The payments made were genuine even though small. The policy was founded on an assumption that the services provided were essentially voluntary. They were not.

Judges:

Sedley LJ, Wall LJ, Richards J

Citations:

[2005] EWCA Civ 960, Times 26-Jul-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Stephenson, Regina (on the Application Of) v Stockton-On-Tees Borough Council Admn 12-Oct-2004
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Benefits

Updated: 01 July 2022; Ref: scu.229009

Guildford Borough Council v Hein: CA 27 Jul 2005

The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes.
Held: The defendant’s appeal was allowed in part. There had to be shown something more than repeated infringements to support an injunction. The authority had to show a deliberate and flagrant flouting of the law. (Clarke LJ dissenting in part)

Judges:

Waller, Clarke LJJ, Sir Martin Nourse

Citations:

[2005] EWCA Civ 979, Times 21-Sep-2005, [2005] BLGR 797

Links:

Bailii

Statutes:

Local Government Act 1972 222

Jurisdiction:

England and Wales

Citing:

Cited – Stoke-On-Trent City Council v B and Q (Retail) Ltd HL 1984
The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a . .
Cited – City of London Corporation v Bovis Construction Ltd CA 18-Apr-1988
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the . .
Cited – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any . .

Cited by:

Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city . .
Lists of cited by and citing cases may be incomplete.

Animals, Litigation Practice, Local Government

Updated: 01 July 2022; Ref: scu.229025

Hammia, Regina (on the Application of) v London Borough of Wandsworth: Admn 17 May 2005

The applicant’s partner had left the matrimonial home, tenanted in joint names with the applicant of the authority, and went to the authority saying she had been beaten. Before the authority would agree to treat her as homeless they required her to terminate the joint tenancy thus leaving the applicant homeless.
Held: It was to be noted that the authority had made no approach to the applicant to ask his version of events. The letter from the authority made it clear that the statutory criteria had been met. It had a duty to rehouse te partner. The authority had no power to then make an additional requirement of the partner that she surrender the tenancy. That policy was unlawful. However, the claimant was not entitled to the declaration sought. This was a private law matter. Though there might be some injustice this flowed from the law of joint tenancies.

Judges:

Wilkie J

Citations:

[2005] EWHC 1127 (Admin)

Links:

Bailii

Statutes:

Housing Act 1996 193(3)

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 30 June 2022; Ref: scu.226108

Secretary of State for Education and Skills v Mairs: Admn 25 May 2005

The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria Climbie. She had led the team of social workers. The Secretary of State appealed her removal from the list by the Care Standards Tribunal.
Held: It was permissible for the tribunal to depart from the decision of a statutory inquiry. That inquiry was not judicial in nature and could not bind a judicial body such as the tribunal. The results of the inquiry were admissible before the tribunal, and the views expressed might be highly persuasive. If the tribunal diverged from the findings of an inquiry it should do so only with care, and should explain its reasons, but in this latter respect it was sufficient to show that it had a justifiable basis for its conclusion. That existed here.

Judges:

leveson J

Citations:

[2005] EWHC 996 (Admin), Times 15-Jun-2005

Links:

Bailii

Statutes:

Protection of Children act 1989 81

Citing:

Appeal from – Mairs v Secretary of State for Education and Skills CST 15-Nov-2004
. .
Cited – National Care Standards Commission, Regina (on the Application Of) v Jones Admn 21-Apr-2004
The Tribunal must ensure that it ‘asks itself the correct questions and then provides intelligible answers to those questions’ . .
Cited – Waddle v Wallsend Shipping Co Ltd 1952
The court considered the relationship between the findings of an inquiry and later judicial proceedings: ‘I think that the competent authorities might consider whether the useful purposes that wreck inquiries serve would not be increased if the . .
Cited – Patras v Commonwealth 1966
(Supreme Court of Victoria) The court distinguished decisions which are judicial from those which are purely administrative: ‘The underlying principle of this form of estoppel is that parties who have had a dispute heard by a competent tribunal . .
Cited – Thrasyvoulou v Secretary of State for the Environment HL 1990
A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the . .
Cited – The European Gateway 1987
The court considered what use should be made by a court of a previous stautory inquiry. After referring to Waddle: ‘It is sufficient if I observe that I do not consider that this dictum (which goes to the admissibility of the report of a wreck . .
Lists of cited by and citing cases may be incomplete.

Local Government, Employment

Updated: 30 June 2022; Ref: scu.225332

Walmsley, Regina (on the Application Of) v Lane and Another: Admn 18 May 2005

The applicant had paid the congestion charge to allow her to drive into London, but had given the incorrect registration mark.
Held: The mistake was not a mistke which would establish a ground to challenge the penalty, but the adjudicator had been wrong to consider that he had no discretion to accept the circumstance as mitigation. He did have that discretion, and should have exercised it. The scheme was not clear, and its meaning could only be derived by anticipating what might have been wanted. The case did not give grounds for saying that the same result would always obtain, particularly in the case of repeated errors. If Transport for London had a policy for the exercise of the discretion, it was right that those who might be affected by it should know of it.

Judges:

Burnton J

Citations:

[2005] EWHC 896 (Admin), Times 25-May-2005, [2005] RTR 370

Links:

Bailii

Statutes:

Greater London (Central Zone) Congestion Charging Order 2001

Jurisdiction:

England and Wales

Cited by:

Cited – Walmsley, Regina (on the Application of) v Lane and Another CA 17-Nov-2005
The defendant had successfully appealed her fine after giving the wrong car number to the congestion charge system.
Held: When the driver appealed to the adjudicator’s discretion, she could submit anything which might be relevant. Where the . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Local Government

Updated: 30 June 2022; Ref: scu.224949