Tag: Local Government

Sheffield City Council v V; Legal Services Commission intervening: FD 23 Jun 2006

The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings.

Citations:

Times 25-Aug-2006

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Children, Local Government, Legal Aid

Updated: 20 May 2022; Ref: scu.244693

Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997

The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain arrangements where a local authority is satisfied this is ‘necessary’ in order to meet the ‘needs’ of disabled persons.
Held: (by a majority) On the proper interpretation of the section the local authority is entitled to have regard to its resources when performing this duty. The local authority had merged the two stages into one by providing services in accordance with elaborate ‘eligibility criteria’. What was in issue was whether the authority could lawfully raise the eligibility criteria because of shortage of money. ‘Need’ within the meaning of section 2(1) of 1970 Act is a relative concept and that ‘needs for services cannot sensibly be assessed without having some regard to the cost of providing them. A person’s need for a particular type or level of service cannot be decided in a vacuum from which all considerations of cost have been expelled.’

Judges:

Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Clyde

Citations:

Gazette 09-Apr-1997, Times 21-Mar-1997, [1997] AC 584, [1997] UKHL 58, [1997] 2 WLR 459, [1997] 2 All ER 1, (1997) 9 Admin LR 209, (1997-98) 1 CCL Rep 40, (1997) 36 BMLR 92

Links:

Bailii, Bailii

Statutes:

Chronically Sick and Disabled Persons Act 1970 2(1)

Citing:

Appeal from – Regina v Gloucestershire County Council Ex Parte Mahfood; Same v Same Ex Parte Barry Etc QBD 2-Aug-1996
Local Authority may allow for finances in deciding on care but must look to individual case. . .

Cited by:

Cited – T (a Minor), In Re 1997 HL 20-May-1998
The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents . .
Appeal to – Regina v Gloucestershire County Council Ex Parte Mahfood; Same v Same Ex Parte Barry Etc QBD 2-Aug-1996
Local Authority may allow for finances in deciding on care but must look to individual case. . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea Admn 11-Mar-2010
The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. . .
Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Cited – KM, Regina (on The Application of) v Cambridgeshire County Council SC 31-May-2012
The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had . .
Cited – Robson and Another, Regina (on The Application of) v Salford City Council CA 20-Jan-2015
The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed . .
Lists of cited by and citing cases may be incomplete.

Health, Benefits, Local Government

Updated: 19 May 2022; Ref: scu.86701

Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc: CA 17 Feb 1997

The court recognised the potential role of local authorities under section 21(1)(a) in meeting the needs of those seeking asylum and otherwise, but having benefits withheld pending determination of their claims. Asylum seekers who had been excluded from the benefits system are to be supported by the local authority.

Judges:

Lord Woolf MR, Waite, Henry LJJ

Citations:

Times 19-Feb-1997, [1997] EWCA Civ 3095, (1997) 9 Admin LR 504, (1997-98) 1 CCL Rep 85, (1998) 30 HLR 10

Links:

Bailii

Statutes:

National Assistance Act 1948 21(1)

Jurisdiction:

England and Wales

Cited by:

Cited – SL v Westminster City Council SC 9-May-2013
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .
Lists of cited by and citing cases may be incomplete.

Benefits, Local Government, Immigration

Updated: 19 May 2022; Ref: scu.86802

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow a refusal by local authorities to house destitute asylum seekers. Local Authority has residual duty to support destitute asylum applicants who had been refused benefits.

Citations:

Gazette 13-Nov-1996, Times 10-Oct-1996, [1996] EWHC Admin 90, (1997) 1 CCLR 85, (1997) 30 HLR 10

Links:

Bailii

Statutes:

National Assistance Act 1948 21 22

Citing:

Appealed to – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – Regina v Greater Manchester Council ex parte Worch 1988
The court considered to what extent it could look to the form of an Act before it was amended in order to assist it in construing the Act as amended: ‘The original section 21(a) of the [Coroners (Amendment) Act] 1926 is no longer law, since it has . .

Cited by:

Cited – Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest CA 23-Oct-2003
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation?
Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was . .
Appeal from – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – Victor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Cited – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing, Local Government

Updated: 19 May 2022; Ref: scu.86806

Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001

When considering the need for measures to protect a child, the local authority did not first require evidence to a standard which would satisfy a court even on the civil standard of the balance of probabilities. At the later stage where decisions might be taken by a court was the time when standards of evidence came to be applied. When deciding to begin an investigation, the words of the statute were enough. They had only to have reasonable cause to suspect that a child might suffer harm.

Citations:

Times 27-Jun-2001, [2001] EWHC Admin 334

Links:

Bailii

Statutes:

Children Act 1989 47

Children, Local Government

Updated: 19 May 2022; Ref: scu.86003

O’Byrne v Secretary of State for Environment, Transport and Regions and Another: CA 17 Apr 2001

A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority objected, and an inquiry was held. The inspector refused the sale.
Held: The applicant successfully appealed. Having examined in detail the operation of the two inconsistent statutes the majority of the Court of Appeal held that there had been an implied repeal. On the basis that the requirements of the Right to Buy scheme were inconsistent with an impliedly repealed the earlier Act. The later provisions were so inconsistent with an repugnant to the earlier Act that the two could not stand together.
Buxton LJ, dissenting said: ‘The court will not lightly find a case of implied repeal, and the test for it is a high one.’
Laws LJ with whom Thorpe LJ agreed said that the contradiction between the two pieces of legislation must be ‘inescapable’ and that the construction of the later statute must be shown to be the only rational interpretation that is available.

Judges:

Thorpe, Buxton, Laws LJJ

Citations:

Times 17-Apr-2001, Gazette 20-Apr-2001, [2001] EWCA Civ 499, [2001] NPC 71, [2002] HLR 30, [2001] 16 EGCS 144

Links:

Bailii

Statutes:

Housing Act 1985 118, Green Belt (London and Home Counties) Act 1938

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne QBD 8-Jun-2000
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would . .
See Also – Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne Admn 20-Aug-1999
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding . .

Cited by:

Appeal from – Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne HL 14-Nov-2002
The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order . .
Cited – Snelling and Another v Burstow Parish Council ChD 24-Jan-2013
The parties disputed the application and interpretation of ancient statues relating to allotments. The land had been appropriated to allotments under the 1945 Act. The Council had argued that it had a power of sale under the 1908 Act subject to . .
Lists of cited by and citing cases may be incomplete.

Housing, Planning, Local Government, Housing, Local Government

Updated: 19 May 2022; Ref: scu.85990

Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc: Admn 15 Oct 1999

Citations:

[1999] EWHC Admin 749, [2000] LGR 318

Links:

Bailii

Cited by:

Appeal From – Regina v Manchester City Council, ex parte Stennett etc HL 25-Jul-2002
The applicants were former mental patients who had been admitted to hospital compulsorily under section 3. On their release they were to be given support under section 117. The authorities sought to charge for these services, and appealed a decision . .
Appeal from – Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc CA 28-Sep-2000
Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under . .
Mentioned – Stojak, Regina (on The Application of) v Sheffield City Council Admn 22-Dec-2009
The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 19 May 2022; Ref: scu.85457

Preston Borough Council v McGrath: ChD 18 Feb 1999

The defendant had been interviewed by the police investigating allegations of corruption. The Council in its civil claim, exhibited documents received from the police, and obtained in that investigation. The receipt of documents by a defendant under an implied undertaking not to use them for another purpose, implied no similar cross undertaking on behalf of the prosecution. The purpose of the undertaking is not served by such an implication.

Judges:

Burton J

Citations:

Times 18-Feb-1999, Gazette 24-Feb-1999

Jurisdiction:

England and Wales

Cited by:

Appeal from – Preston Borough Council v McGrath CA 12-May-2000
The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him.
Held: The document had not been given to the police under . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Local Government, Police

Updated: 19 May 2022; Ref: scu.85029

Invercargill City Council v Hamlin: PC 12 Feb 1996

(New Zealand) Seventeen years earlier the plaintiff had asked a builder to construct a house for him, but it now appeared that the foundations had been inadequate. The building company no longer being in existence, he sought damages from the local authority which had supervised the construction.
Held: A Local Authority was liable for economic losses for a negligent inspection of a house during construction. Murphy had not been followed in New Zealand and the Privy Council accepted that this was justified. The Pirelli date of physical damage had also been discarded in favour of the date of discoverability. The decision in Pirelli was unfortunate: Once it is appreciated that the loss in respect of which the plaintiff in the present case is suing is loss to his pocket, and not for physical damage to the house or foundations, then most, if not all the difficulties surrounding the limitation question fall away. The plaintiff’s loss occurs when the market value of the house is depreciated by reason of the defective foundations, and not before. If he resells the house at full value before the defect is discovered he suffers no loss. Thus in the common case the occurrence of the loss and the discovery of the loss will coincide . . But the plaintiff cannot postpone the start of the limitation period by shutting his eyes to the obvious . . . In other words the cause of action accrues when the cracks become so bad and all the defects so obvious, that any reasonable home-owner would call in an expert. Since the defects would then be obvious to a potential buyer or his expert, that marks the moment when the market value of the building is depreciated and therefore the moment when economic loss occurs. Their Lordships do not think it is possible to define the moment more accurately. The measure of the loss will then be the cost of repairs if it is reasonable to repair, or the depreciation in the market value if it is not . . . This approach avoids almost all the practical and theoretical difficulties to which the academic commentators have drawn attention and which led to the rejection of Pirelli by the Supreme Court of Canada . . . The approach is consistent with the underlying principle that a cause of action accrues when, but not before, all the elements necessary to support the plaintiff’s claim are in existence. For in the case of a latent defect in a building the element of loss or damage which is necessary to support a claim for economic loss in tort does not exist so long as the market value of the house is unaffected. Whether or not it is right to describe an undiscoverable crack as damage, it clearly cannot affect the value of the building on the market. The existence of such a crack is thus irrelevant to the cause of action . . . Whether Pirelli should still be regarded as good law in England is not for their Lordships to say. What is clear is that it is not good law in New Zealand.

Judges:

Lord Browne-Wilkinson, Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Mustill, Lord Lloyd of Berwick, Sir Michael Hardie Boys

Citations:

Times 15-Feb-1996, 50 Con LR 105, [1996] AC 624, [1996] UKPC 56, 78 BLR 78, [1996] 1 NZLR 513, [1996] 1 All ER 756

Links:

Bailii

Citing:

Cited – Murphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
Cited – Pirelli General Cable Works v Oscar Faber and Partners HL 2-Jan-1983
The plaintiff asked the defendant consulting engineer to design an extension to their factory in 1969. Not later than in April 1970, cracks developed in the chimney. In 1977 the cause of the damage was discovered. It arose from design faults in the . .

Cited by:

Cited – Abbott and Another v Will Gannon and Smith Ltd CA 2-Mar-2005
The claimant had employed the defendants to design refurbishment works for their hotel. The work was said to be negligent, and the claimant sought damages. The defendant argued as a preliminary point that the claim was time barred. The question was . .
Cited – W v W; J v Raewyn Bell PC 19-Jan-1999
PC (New Zealand) The claimants sught to recover exemplary damages from defendants convicted of criminal offences against them.
Held: There were differences in the system between New Zealand and the English . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Construction, Local Government, Negligence

Updated: 19 May 2022; Ref: scu.82411

E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999

The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused.

Citations:

Times 25-Nov-1999

Statutes:

Guardians ad Litem Reporting Officers (Panels) Regulations 1991 (1991 No 205) 9, Children Act 1989 41(9), Family Proceedings Rules 1991 (1991 No 1247) 4.23

Legal Aid, Children, Local Government

Updated: 19 May 2022; Ref: scu.80202

Dittah and Another v Phillipps: QBD 1 Mar 1993

Limits on operation of taxis. A taxi license authorised a taxi to operate within the district to which it related and not beyond. To operate within another district would require a license from that district.

Citations:

Ind Summary 01-Mar-1993

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 46(1)(d)

Road Traffic, Local Government, Licensing

Updated: 19 May 2022; Ref: scu.80067

Director of Public Prosecutions v John: QBD 17 Feb 1999

Land could be appropriated for Military Land even if it had no such direct use, and accordingly it remained subject to military by-laws properly governing military land. Menwith Hill governed though 70% use was agricultural or used by other state.

Citations:

Gazette 17-Feb-1999

Statutes:

Military Lands Act 1892

Local Government

Updated: 19 May 2022; Ref: scu.80015

Coventry City Council v Finnie and Another: QBD 2 May 1996

No undertaking for damages was to be required of a Local Authority exercising a statutory duty. The grant of an injunction in favour of a local authority performing law enforcement duties did not necessarily carry with it a cross-undertaking on damages of a type that is familiar in private litigation.

Judges:

Scott Baker J

Citations:

Times 02-May-1996, (1997) 29 HLR 658

Statutes:

Local Government Act 1972 222

Cited by:

Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Housing

Updated: 19 May 2022; Ref: scu.79576

Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another: HL 9 Oct 1996

LT Applicable amount – local authority accommodation leased to voluntary organisations – whether claimants are ‘persons in residential accommodation’ or are living in ‘residential care homes’

Judges:

Lord Keith, Lord Mustill, Lord Slynn of Hadley, Lord Nicholls of Birkenhead and Lord Hope of Craighead

Citations:

Gazette 09-Oct-1996, Times 08-Aug-1996, [1996] UKSSCSC CIS – 298 – 1992, [1996] 1 WLR 1184, CIS/641/1992, CIS/298/1992

Links:

Bailii

Statutes:

National Assistance Act 1948 26

Cited by:

Cited – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Lists of cited by and citing cases may be incomplete.

Benefits, Local Government

Updated: 19 May 2022; Ref: scu.79032

Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996

A claim for an indemnity was made by two council officers who were also directors of a company set up by the local authority to finance and manage a waterpark for the public. The project failed and the company went into liquidation. The liquidator brought proceedings to recover substantial sums from them under the Insolvency Act 1986. They sought to establish that the local authority was bound to indemnify them in respect of their liability, if any, in the insolvency proceedings, either under a contractual indemnity or, failing that, under section 265 of the 1875 Act.
Held: A Local Authority could not indemnify ultra vires actions of officers despite any contract to do so.
Neuberger J explained section 265. The first part was concerned with excluding liability, the second part was concerned with an indemnity and the third part being the proviso. He then stated: ‘The purpose of the first part of section 265 is to confer immunity from suit from the persons therein mentioned in the circumstances therein mentioned. This would strongly suggest that the ‘expenses’ against which such persons are to be indemnified under the second part of section 265 are not intended to be substantive sums for which they are sued, because the first part of section 265 renders them immune from liability for such sums. This reinforces the view that the reference to ‘expenses’ is to the expenses incurred by the relevant persons in connection with the claim in respect of which they are rendered exempt by the first part of section 265. It appears to me that this is consistent with what was said by Wightman J giving the judgment of the court in Ward v Lee (1857) 7 EandB 426, 430, where he said: ‘The clause at the end of the 128th section is not for the repayment of ‘damages’ recovered against a person acting bona fide in the execution of the Act, but for the repayment of his [expenses]; which may well be construed, consistently with our view of the meaning of the section, to be repayment of the [expenses] he may have been put to in defending an action brought against him personally, and in which he may have been successful on the ground that he was acting bona fide in the execution of the Act, and therefore not liable. [The section there referred to being a provision of similar effect to section 265 of the Public Health Act 1875].’

Judges:

Neuberger J

Citations:

Times 07-Nov-1996, (1996) 95 LGR 520

Statutes:

Insolvency Act 1986, Public Health Act 1875 265

Local Government

Updated: 18 May 2022; Ref: scu.78750

Bradford City Metropolitan District Council v Booth: QBD 10 May 2000

The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean that costs should always and normally follow the event. An authority with a duty to make decisions which suffered a successful challenge to that decision, but where the fault in the decision fell short of being unreasonable, dishonest, or improper, should not normally be ordered to pay the costs. The financial effect on the parties should be assessed, but such challenges are part of the expense of running a business. Section 64 was concerned with both liability for costs and their amount. The only statutory restriction on the power of the magistrates was that they could not make an order for costs against a successful party.
Bingham CJ said: ‘The issue in this appeal by case stated is whether justices erred in the exercise of their discretion by awarding costs against a local authority on a successful complaint against a vehicle licensing decision of the local authority when the local authority had not, in making the decision appealed against, acted unreasonably or in bad faith.’
Later he continued ‘It seems to me that the justices in this case misdirected themselves, first, in relying on a principle that costs should follow the event, that misdirection being compounded by their view that the reference in section 64 to the order being just and reasonable applied to quantum only. On the other hand, in my judgment the submissions made by Mr Blair-Gould on behalf of the local authority go too far the other way since to give effect to the principle for which he contends would deprive the justices of any discretion to view the case in the round which is in my judgment what section 64 intends.
I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised is three propositions:
1. Section 64(1) confers a discretion upon a magistrates’ court to make such order as to costs as it thinks just and reasonable. That provision applies both to the quantum of the costs (if any) to be paid, but also as to the party (if any) which should pay them.
2. What the court will think just and reasonable will depend on all the relevant facts and circumstances of the case before the court. The court may think it just and reasonable that costs should follow the event, but need not think so in all cases covered by the subsection.
3. Where a complainant has successfully challenged before justices an administrative decision made by a police or regulatory authority acting honestly, reasonably, properly and on grounds that reasonably appeared to be sound, in exercise of its public duty, the court should consider, in addition to any other relevant fact or circumstances, both (i) the financial prejudice to the particular complainant in the particular circumstances if an order for costs is not made in his favour; and (ii) the need to encourage public authorities to make and stand by honest, reasonable and apparently sound administrative decisions made in the public interest without fear of exposure to undue financial prejudice if the decision is successfully challenged.’

Judges:

Silber J, Lord Bingham of Cornhill

Citations:

Times 31-May-2000, (2000) COD 338, (2000) 164 JP 485

Statutes:

Magistrates Courts Act 1980 64(1), Local Government (Miscellaneous Provisions) Act 1976 62(1)(b)

Citing:

Cited – Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police QBD 9-Nov-1998
The Chief Constable, on good grounds, objected to the transfer of a justices’ on-licence to a Mrs W. Mrs W appealed and the Chief Constable, having objected to the transfer, became a respondent. On the appeal Mrs W contended that, since the conduct . .
Cited – Regina v Totnes Licensing Justices, ex parte Chief Constable of Devon and Cornwall QBD 28-May-1990
The court considered the award of costs in a licensing case. Roch J said: ‘There can be no doubt that in civil proceedings between litigants, be it in the High Court or county court, the principle is that costs follow the event. The winning party . .
Cited – Chief Constable of Derbyshire v Goodman and Newton Admn 2-Apr-1998
Firearms licences were granted to the two respondents, but then revoked by the Chief Constable. They appealed to the Crown Court and their appeal was allowed. The judge, however, ordered the Chief Constable to pay the costs of the two respondents, . .

Cited by:

Cited – Baxendale-Walker v The Law Society Admn 30-Mar-2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. . .
Cited – Cambridge City Council v Alex Nestling Ltd QBD 17-May-2006
The council appealed an award of costs against it. The respondent had appealed against a refusal by the council to vary a premises licence for a public house with partial success, and the magistrates had awarded the respondent half its costs.
Cited – Mastercard UK Members Forum Ltd Mastercard International Inc CAT 28-Jul-2006
. .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Local Government, Costs, Licensing

Updated: 18 May 2022; Ref: scu.78542

Blake and Another v Barking and Dagenham London Borough Council: QBD 1 Nov 1996

A Local Authority has no duty of care for the correctness of a valuation undertaken for a right to buy transaction. It was not just or reasonable to impose a duty of care on a local authority in connection with its statement of its opinion as to price in a Section 125 Notice.

Judges:

Douglas Brown J

Citations:

Times 01-Nov-1996, [1996] EGCS 145, [1997] 30 HLR 963

Statutes:

Housing Act 1985 125

Cited by:

Cited – Payne and Woodland v Mayor and Burgesses of London Borough of Barnet CA 22-May-1997
The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Local Government

Updated: 18 May 2022; Ref: scu.78443

B v Harrow London Borough Council and Another: HL 8 Jan 1992

The claimant asked the education authority to provide education for a child with special needs. The parent expressed a preference for a school outside the authority’s area. The question at issue was, when deciding whether such a placement would be an effective use of the resources, the effect of the placement on both authorities was to be considered. It was held that the Act allowed only the circumstances of the placing authority to be taken into account.

Citations:

Gazette 08-Jan-1992

Statutes:

Education Act 1996

Local Government, Education

Updated: 18 May 2022; Ref: scu.78059

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 should be repaid. The fee set by the council could reflect not only the processing of applications but ‘inspecting premises after the grant of licences and for what might be called vigilant policing . . in order to detect and prosecute those who operated sex establishments without licences’.

Judges:

Forbes J

Citations:

[1985] 83 LGR 461

Cited by:

Cited – Aylesbury Vale District Council, Regina (on The Application of) v Call A Cab Ltd Admn 12-Nov-2013
The council appealed against dismissal of its prosecution of the respondent, alleging the operation of a private hire vehicle without having a current licence, ‘in a controlled district’. The respondent had denied that the necessary resolution had . .
Cited – 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 . .
Cited – 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 . .
Cited – 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: 18 May 2022; Ref: scu.519015

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent had previously allowed an advertisement by an organisation campaining for gays. It was suggested thet the Mayor had improperly intervened to prevent the advertisement being accepted.
Held: The respondent’s policy met the requirement for legal certainty, and was prescribed by law. As a public body, subject to the equality duty, TfL was under a positive obligation to protect the rights of gays. In my judgment, this was a legitimate aim under Article 10(2).
‘TfL’s decision was justified and proportionate in pursuit of the legitimate aim of protecting the rights of others. Therefore the refusal was not a breach of the Trust’s rights under Article 10(1). The fact that TfL had applied its Advertising Policy inconsistently and partially and refused the Trust a right to respond was outweighed by the countervailing factors, described above, which made it proportionate to refuse to display the advertisement.’

Judges:

Lang DBE J

Citations:

[2013] EWHC 651 (Admin), [2013] PTSR 1161, [2013] PTSR 1161

Links:

Bailii

Statutes:

Human Rights Act 1998 7, European Convention on Human Rights 34, Greater London Authority Act 1999 154, Equality Act 2010 149 12(1)

Citing:

Cited – Casado Coca v Spain ECHR 24-Feb-1994
The right to freedom of expression is not personal to the individual and is capable of being enjoyed by corporate legal persons, and commercial advertising, such as that of the claimants, is protected by Article 10(1). However, the control of . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – Muller And Others v Switzerland ECHR 24-May-1988
The Court considered a complaint that Article 10 had been infringed by the applicant’s conviction of an offence of publishing obscene items, consisting of paintings which were said ‘mostly to offend the sense of sexual propriety of persons of . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Wingrove v The United Kingdom ECHR 25-Nov-1996
The applicant had been refused a certification certificate for his video ‘Visions of Ecstasy’ on the basis that it infringed the criminal law of blasphemy. The Court found that the offence was prescribed by law and served the legitimate aim of . .
Cited – Murphy v Ireland ECHR 10-Jul-2003
A pastor attached to an evangelical protestant centre based in Dublin wished to broadcast an advertisement during the week before Easter 1995, but the broadcast was stopped by the Independent Radio and Television Commission because section 10(3) of . .
Cited – Observer and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
Cited – Otto Preminger Institute v Austria ECHR 1994
In the context of religious opinions and beliefs it was pointed out that there is under article 10 an obligation to avoid as far as possible expressions that are gratuitously offensive to others ‘and thus an infringement of their rights’. The Court . .
Cited – Jersild v Denmark ECHR 20-Oct-1994
A journalist was wrongly convicted himself of spreading racial hatred by quoting racists in his material.
Held: Freedom of expression is one of the essential foundations of a democratic society. The safeguards to be afforded to the press are . .
Cited – VGT Verein Gegen Tierfabriken v Switzerland ECHR 28-Jun-2001
The applicant association dedicated itself to the protection of animals, from animal experiments and industrial animal production. In reaction to television commercials broadcast by the meat industry it prepared a TV advertisement contrasting the . .
Cited – Giniewski v France ECHR 31-Jan-2006
The applicant had been convicted of public defamation towards the Christian community on the basis of an article suggesting that Catholicism contained the seeds of the Holocaust.
Held: While the article may have shocked and offended, it was a . .
Cited – Vajnai v Hungary ECHR 2010
The applicant wore a red star which was proscribed because of its association with communism.
Held: ‘a legal system which applies restrictions on human rights in order to satisfy the dictates of public feeling – real or imaginary – cannot be . .
Cited – X v The United Kingdom ECHR 20-Dec-1974
Commission – Inadmissible – Article 8 of the Convention : Right to respect for correspondence. Detention after conviction. Complaint not pursued
Article 9 of the Convention : Buddhist prisoner not permitted to send out material for . .
Cited – Arrowsmith v United Kingdom ECHR 12-Oct-1978
(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. . .
Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Local Government

Updated: 18 May 2022; Ref: scu.471961

St Ives Corporation v Wadsworth: ChD 1908

A piece of land bordered by a river a bridge and a highway was fenced off by the highway authority. The defendant had used the land as part of his adjoining house and land. The plaintiffs sought clarification that they could remove the fence as they wished.
Held: On the facts, the land had been part of an ancient highway and must remain as such. Swinfen Eady J said ‘The question for decision has reference to a small piece of land in the corner between a bridge over the River Ouse and the defendant’s house. The plaintiff’s allege that the land is part of an ancient highway, and forms part of the highway today. The defendant claims it as his own property not through his father from whom he derives the house, but solely by title gained by possession for 12 years.’

Judges:

Swinfen Eady J

Citations:

[1908] Knight’s Local Government Reports 306, (1908) 72 JP 73, (1908) 6 LGR 306

Jurisdiction:

England and Wales

Cited by:

Cited – Smith, Regina (on the Application of) v The Land Registry (Peterborough Office) Admn 13-Feb-2009
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the . .
Cited – Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another CA 10-Mar-2010
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 18 May 2022; Ref: scu.320861

National Deposit Friendly Society Trustees v Skegness Urban District Council: HL 1959

The House considered the meaning of the phrase ‘the advancement of . . social welfare’ in the 1955 Act. Lord Denning said: ‘A person is commonly said to be engaged in ‘social welfare’ when he is engaged in doing good for others who are in need – in the sense that he does it, not for personal or private reasons – not because they are relatives or friends of his – but because they are members of the Community or of a portion of it who need help . . If a person is engaged in improving the conditions of life of others who are so placed as to be in need, he is engaged in ‘social welfare”.

Judges:

Lord Denning

Citations:

[1959] AC 293

Statutes:

Rating and Valuation (Miscellaneous Provisions) Act 1955

Jurisdiction:

England and Wales

Cited by:

Cited – Guild v Inland Revenue Commissioners HL 6-May-1992
The will left land for a sports centre to a local authority which no longer existed. If the gift was charitable, the gift would be applied cy pres, but if not it would fail and pass to the family and be subect to Inheritance Tax.
Held: A gift . .
Lists of cited by and citing cases may be incomplete.

Local Government, Rating

Updated: 18 May 2022; Ref: scu.273193

Regina v Inner London Education Authority, ex parte Westminster City Council: 1986

A political purpose can taint an administrative decision with impropriety.

Judges:

Glidewell J

Citations:

[1986] 1 All ER 19

Cited by:

Cited – Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
Lists of cited by and citing cases may be incomplete.

Administrative, Local Government

Updated: 17 May 2022; Ref: scu.262974

Kelly v Monklands District Council: 1986

A local authority’s housing duties may be owed to a child if that child is living independently of its parents.

Citations:

1986 SLT 169

Cited by:

Cited – Royal Borough of Kingston Upon Thames v Prince and Another CA 2-Dec-1998
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years.
Held: The 1985 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Housing, Children, Local Government

Updated: 17 May 2022; Ref: scu.259630

Regina v Commissioner for Local Administration ex parte Croydon London Borough Council: QBD 1989

Delay in application.
Held: The commissioner’s powers cannot depend upon whether the complaint is well founded. He could only act where a complainant did not otherwise have an action at law for a remedy.
As long as no prejudice is caused, the courts will not rely on these provisions to deprive a litigant who has behaved sensibly and reasonably of relief to which he is otherwise entitled.
Woolf LJ said: ‘ . . if the complaint was justified, the person concerned might be entitled to obtain some form of remedy in respect of the subject matter of the complaint if he had commenced proceedings within the appropriate time limits. The commissioner is not concerned to consider whether in fact the proceedings would succeed.’

Judges:

Woolf LJ

Citations:

[1989] 1 All ER 1033, [1989] COD 226, [1989] Fam Law 187

Statutes:

Local Government Act 1974

Jurisdiction:

England and Wales

Cited by:

Mentioned – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – JR55, Re Application for Judicial Review (Northern Ireland) SC 11-May-2016
The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 16 May 2022; Ref: scu.223701

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 members of the local authority. ‘
Roch J said: ‘The fees charged . . must be related to the street trading scheme operated by the district council and the costs of operating that scheme. The district council may charge such fees as they reasonably consider will cover the total cost of operating the street trading scheme or such lesser part of the cost of operating the street trading scheme as they consider reasonable. One consequence of the wording used is that, if the fees levied in the event exceed the cost of operating the scheme, the original position will remain valid provided that it can be said that the district council reasonably considered such fees would be required to meet the total cost of operating the scheme.’

Judges:

Roch J

Citations:

[1991] 89 LGR 696

Cited by:

Cited – West End Street Traders’ Association and Another, Regina (on the Application of) v City of Westminster Admn 21-May-2004
The respondent regulated street trading within its area by licenses issued under the Act. The claimants challenged substantial increases in the licence fees saying there had been insufficient consultation. The system was running at a net cost.
Cited – 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 . .
Cited – 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 . .
Cited – 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.

Local Government

Updated: 16 May 2022; Ref: scu.197719

City Leisure (Holdings) Ltd v Lord Mayor and Citizens of the City of Westminster: ComC 6 Apr 1995

Contract – ultra vires – power of local authority to grant an indemnity – power of local authority to borrow – acquiring the use of borrowed money

Judges:

Phillips J

Citations:

Unreported, 06 April 1995

Statutes:

Local Government Act 1972 111, Local Government (Miscellaneous) Provisions Act 1976 19(1)

Jurisdiction:

England and Wales

Contract, Local Government

Updated: 16 May 2022; Ref: scu.182571

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

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: 16 May 2022; Ref: scu.180464

Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002

The applicant sought review of the authority’s decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction.
Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority’s decision under the 2000 Act. Nevertheless, in the particular circumstances the decision not to provide assistance was unreasonable, and review was granted.

Judges:

Moses J

Citations:

Gazette 31-Oct-2002, Times 04-Nov-2002

Statutes:

Immigration and Asylum Act 1999 115, National Assistance Act 1948 21(1)(a)

Immigration, Housing, Local Government

Updated: 16 May 2022; Ref: scu.177845

The Queen v The Mayor, Aldermen, And Burgesses of Sandwich: 1842

A town clerk dismissed from office after stat. 5 and. 6 W. 4, c. 76, applied to the town council for compensation under sect. 66. They resolved, after deliberation,
that, considering the tenure of the office, and other circumstances, his claim was inadmissible, and they disallowed it, reserving to themselves the right of examining into the question of amount if their decision should be over-ruled on appeal. No other determination was come to within six: calendar months of the application. Held that the council had so far determined on such claim within the six months that the claim could not be ‘considered as admitted,’ according to sect. 66, though they had not provisionally fixed the amount of compensation. On appeal to the Lords of the Treasury against a judgment of the town council on a claim of compensation, the Lords have no jurisdiction to enquire into the claimant’s title, but are confined to the question of amount. And this, whether the officer has been dismissed after reappointment, or without having been reappointed, since the passing of the Act. On appeal made after the resolution above stated, the Lords of the Treasury adjudicated on the title, and awarded a less compensation than that demanded ; and the appellant then moved this Court for a mandamus to the council to give a bond for the sum originally demanded, as in case of an admitted claim under sect. 66. The Court, on cause shewn, ordered a mandamus generally requiring the council to award compensation.
[S. C, 2 G. and D.

Citations:

[1842] EngR 87, (1842) 2 QB 895, (1842) 114 ER 347

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 15 May 2022; Ref: scu.307042

The Queen v The Inhabitants of Whissendine: 1842

Pauper; being settled by apprenticeship in M., gained a subsequent settlement in W. by residing on an estate there, but, becoming lunatic while he continued to reside on the same estate, he was, after the passing of stat. 4 and 6 W. 4, c. 76, removed by his relations to the county lunatic asylum, more than ten miles from W., and was for several years maintained in that asylum, partly by his relatives, partly by the rents of his said estate, until, those resources proving inadequate, he was taken from the asylum and brought to W. for one night, and was then removed as a pauper lunatic to the same asylum, by warrant under stat. 9 G. 4, c. 40, s. 38. Held, that, an order of justices on the overseers of W., under the last-mentioned clause, for the payment of a weekly sum for his maintenance in the asylum, was wrong, the pauper having, under stat. 4 and 5 W, 4, c. 76, s. 68, lost his settlement in W. by ceasing to inhabit.

Citations:

[1842] EngR 86, (1842) 2 QB 450, (1842) 114 ER 178

Links:

Commonlii

Jurisdiction:

England and Wales

Benefits, Local Government

Updated: 15 May 2022; Ref: scu.307041

The Queen v The Inhabitants of St Sepulchre: 20 Nov 1844

A pauper was removed to S. on the examination of P. and A. P. deposed that, on 22nd July 1839, he let to pauper’s husband a house in S., ‘at the rent of 10 1. per year,” that the husband ‘occupied the house until 22d July 1841,’ and paid P. ‘the whole of the rent during that time.’ A. deposed that the husband in July 1839 went to the house, and ‘resided in that house until March I8. Held, dissentienite Coleridge J., that the sessions were not entitled to affirm the order of removal, the examinations not shewing that the house had been occupied for a year under a yearly hiring within stat. 2 W 4 c 18 s 1

Citations:

[1844] EngR 1000, (1844) 6 QB 580, (1844) 115 ER 217

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 15 May 2022; Ref: scu.305592

The Queen v The Inhabitants Of Wellington: 19 Nov 1845

Where the parish applying to remove a pauper proves before the justices a former removal, acquiesced in, to the parish now about to be charged, and produces the order of removal, such order, or a copy, must be sent to the latter parish, under stat. 4: and 5 W. 4, c. 76, s 79.
On appeal against an order of justices, removing James Hindley and his wife and two children from the parish of Wellington in Shropshire, to the parish, in the borough of Wslsall, Staffordshire, the sessions quashed the order, subject to the opinion of this Court on a special case.

Citations:

[1845] EngR 1275, (1845) 11 QB 65, (1845) 116 ER 400

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government, Benefits

Updated: 15 May 2022; Ref: scu.304417

The Queen v The Inhabitants Of Sandon: 21 Apr 1854

An indictmerit preferred at the Assizes, for non-repair of a highway, by order of justices under stat. 5 and 6 W. 4, c. 60, s. 95, is removeable by certiorari at the instance of the defendants.

Citations:

[1854] EngR 408, (1854) 3 El and Bl 547, (1854) 118 ER 1247

Links:

Commonlii

Jurisdiction:

England and Wales

Land, Local Government

Updated: 15 May 2022; Ref: scu.293265

The Board of Works for The Poplar District v Nicholas Knight And Henry Weitzell: 26 May 1858

A wall had been erected from time immemorial on land adjacent to a tidal river; and it kept out from such land the river at high water, the land being drained into the river by drains at a considerable distance from the wall.

Citations:

[1858] EngR 724, (1858) El Bl and El 408, (1858) 120 ER 561

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government, Land

Updated: 15 May 2022; Ref: scu.289195

Regina v Swansea City Council, ex parte Elitestone Ltd: QBD 1993

On 1 May a sub-committee held a meeting at which land was declared to be a conservation area. Under the Act, the agenda had been open for inspection for three clear days. They were available from April 26, and there was no suggestion that they had not been available for any part of that working day.
Held: The application was dismissed. The section actually required the agenda and report to be open for inspection for at least three days before the meeting. Parliament had intended that three full days before the meeting, members of the public should have opportunity to inspect them. They had been available for the whole of April 6, 27 and 30, and the meeting on 1 May went ahead properly.

Judges:

MacPherson J

Citations:

Ind Summary 31-May-1993, Times 13-May-1993, [1993] 90 LGR 604, (1993) 66 P and CR 422

Statutes:

Local Government Act 1972 1(1) 100B

Jurisdiction:

England and Wales

Cited by:

Appeal From – Regina v Swansea City Council, ex parte Elitestone Ltd CA 5-May-1993
The company appellant, E, wished to develop its land. The Council had declared it to be a conservation area. E said that they had not given the necessary notice of the meeting of the sub-committee at which the initial decision had been made. E . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning

Updated: 15 May 2022; Ref: scu.88139

Paterson and Another v Humberside County Council: QBD 19 Apr 1995

A local authority was liable for nuisance for damage (cracks to house) caused by tree roots once it could be shown that it knew of the soil condition, by virtue of the council’s own warnings to residents of the danger in the area meant that the damage was foreseeable. The council was not liable for breach of statutory under the 1980 Act since it had not planted the trees.
The test of foreseeability was whether the risk was one which a reasonable person in the Defendant’s position would have regarded as a real risk as distinct from a risk which he would have been justified in disregarding and taking no steps to eliminate

Judges:

Mr Toulson QC

Citations:

Times 19-Apr-1995, [1995] CLY 3661, [1996] Const LJ 64

Statutes:

Highways Act 1980 96

Jurisdiction:

England and Wales

Citing:

Cited – Banque Bruxelles Lambert Sa v Eagle Star Insurance Co Ltd and Others CA 24-Feb-1995
The plaintiffs were mortgagees. The defendants were valuers. The defendants negligently over-valued properties and the plaintiffs then accepted mortgages of the properties. Later the property market collapsed and the various borrowers defaulted and . .

Cited by:

Cited – Loftus-Brigham and Another v London Borough of Ealing CA 28-Oct-2003
The claimants sought to recover for damages caused to their house foundations by trees growing nearby which were the responsibility of the defendants. The defendants replied that the damages was caused in part by roots from virgina creeper and . .
Cited – Berent v Family Mosaic Housing and Others TCC 25-May-2011
The claimant sought damages for subsidence to her property allegedly caused by the roots of trees on the defendants’ properties. Two large plane trees stood in the pavement outside the house and about 12 metres from it. . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Negligence, Local Government

Updated: 15 May 2022; Ref: scu.84608

Hussain v Bradford City Council: QBD 15 Feb 1993

If a complaint was made that a private hire vehicle was acting in contravention of the regulation, requiring it to display the licence plate issued by the local authority, indicating the maximum number of passengers, it was necessary for the prosecution to prove that the vehicle was plying for hire at the time of the alleged offence.

Citations:

Ind Summary 15-Feb-1993

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 48 (6)(b)

Local Government, Licensing, Transport, Crime

Updated: 15 May 2022; Ref: scu.81565

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

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: 15 May 2022; Ref: scu.79487

Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014

The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument.
Held: The basic issues was ‘where land is provided and maintained by a local authority pursuant to section 12(1) of the Housing Act 1985 or its statutory predecessors, is the use of that land by the public for recreational purposes ‘as of right’ within the meaning of section 15(2)(a) of the Commons Act 2006?’
Held: The residents’ appeal failed. The local residents were enjoying the rights over the land ‘by right’ and not ‘as of right’ and the land was not registrable under the 2006 Act as a town or village green.
Lord Neuberger said: ‘So long as land is held under a provision such as section 12(1) of the 1985 Act, it appears to me that members of the public have a statutory right to use the land for recreational purposes, and therefore they use the land ‘by right’ and not as trespassers, so that no question of user ‘as of right’ can arise.’ and ‘ a reasonable local authority in the position of the Council would have regarded the presence of members of the public on the Field, walking with or without dogs, taking part in sports, or letting their children play, as being pursuant to their statutory right to be on the land and to use it for these activities, given that the Field was being held and maintained by the Council for public recreation pursuant to section 12(1) of the 1985 Act and its statutory predecessors.’
. . And: ‘ if the landowner has in some way actually communicated agreement to what would otherwise be a trespass, whether or not gratuitously, then he cannot claim it has been or is unlawful – at least until he lawfully withdraws his agreement to it. For the same reason, even if such an agreed arrangement had continued for 20 years, there can be no question of it giving rise to a prescriptive right because it would clearly have been precario, and therefore ‘by right’.’

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Reed, Lord Carnwath, Lord Hughes

Citations:

[2014] 3 All ER 178, [2014] UKSC 31, [2014] HLR 36, [2014] 2 WLR 1360, [2014] WLR(D) 228, [2014] BLGR 459, UKSC 2013/0035, [2015] 1 AC 195, [2014] HLR 36

Links:

Bailii, Bailii Summary, WLRD, SC Summary, SC

Statutes:

Commons Act 2006 15

Jurisdiction:

England and Wales

Citing:

Cited – HE Green and Sons v Minister of Health (No 2) 1948
On an application under the 1936 Ac, provided that the field benefited council tenants (which it clearly did) it did not matter that it also benefited other people within the local community.
Denning J said: ‘The next question is whether the . .
At Admin – Barkas, Regina (on The Application of) v North Yorkshire County Council and Scarborough Council Admn 20-Dec-2011
The claimants sought to have registered as a town or village green land in Whitby which had been provided as a playing field by the Local Authority since 1934. The inspector had found that the use had not been ‘as of right’ as required by the 2006 . .
Overruled – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Appeal from – Barkas v North Yorkshire County Council CA 23-Oct-2012
The court was asked: ‘When local inhabitants indulge in lawful sports and pastimes on a recreation ground which has been provided for that purpose by a local authority in the exercise of its statutory powers, do they do so ‘by right’ or ‘as of . .
Cited – Hall v Beckenham Corporation 1949
A claim was made in nuisance against the local authority, the owner of a public park, in which members of the public flew noisy model aircraft.
Held: The local authority were not liable as the occupiers of the park for an alleged nuisance that . .
Cited – Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council HL 25-Jun-1999
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those . .
Cited – Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another SC 3-Mar-2010
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had . .
Cited – Gardner v Hodgson’s Kingston Brewery Co HL 1903
The party claiming a right of way through the yard of a neighbouring inn, and her predecessors in title, had for well over 40 years used the inn yard (the only means of access with carts and horses to her premises) and had paid the annual sum of 15 . .
Cited – Dalton v Henry Angus and Co 1877
Fry J said: ‘ . .I cannot imagine any case of acquiescence in which there is not shown to be in the servient owner: 1, a knowledge of the acts done; 2, a power in him to stop the acts or to sue in respect of them; and 3, an abstinence on his part . .
Cited – Lawrence and Another v Fen Tigers Ltd and Others CA 2012
Jackson LJ set out the way in which planning consents would affect whether actions amounted to a nuisance: ‘I would summarise the law which is relevant to the first ground of appeal in four propositions. (i) A planning authority by the grant of . .
Cited – Lambeth Overseers v London County Council HL 1897
The House was asked whether the county council, which owned and maintained a park under a power accorded by a local Act of Parliament, were in rateable occupation of it.
Held: Lord Halsbury said that: ‘there is no possibility of beneficial . .
Cited – Mills and Another v Silver and others CA 6-Jul-1990
A farm’s only vehicular access was over land which was only useable occasionally when dry. The defendants laid a stone track to facilitate constant access. At first instance it was held that the earlier use had been too intermittent to allow a . .
Cited – Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd SCS 1992
(Inner House) When Cumbernauld town centre was built, a walkway was provided between the shopping centre and residential areas. It was used for many years, but then closed to prevent crime. The authority sought an interdict to keep it open as a . .
Cited – Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd HL 22-Jul-1993
A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired.
Held: There was no need to . .
Approved – Regina v City of Sunderland, ex parte Beresford Admn 14-Nov-2000
A recreational area was claimed to be a common. The council considered that there was evidence, which it accepted, of an implied licence, thus enabling the inference to be drawn that the use by local inhabitants for statutory purposes had not been . .

Cited by:

Cited – Newhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another SC 25-Feb-2015
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised . .
Cited – Winterburn and Another v Bennett and Another CA 25-May-2016
The court was asked as to the steps which an owner of land must take to prevent others, who were using the land without permission, acquiring rights over the land. The claimants here had ignored clear signs placed on the land which asserted the . .
Cited – Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council CA 18-Feb-2020
Appropriation was not in sufficient form
The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed.
Cited – Lancashire County Council, Regina (on The Application of) v SSEFRA and Another SC 11-Dec-2019
Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Leading Case

Updated: 15 May 2022; Ref: scu.526192

Regina (Bedford) v London Borough of Islington: 2003

Citations:

[2003] Env LR 22

Cited by:

Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 15 May 2022; Ref: scu.267533

Westminster City Council v Quereshi: 1961

Citations:

[1991] CLY 461

Cited by:

Not followed – 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 . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 12 May 2022; Ref: scu.186342

Regina v Sheffield City Council, Ex Parte Hague and Another: CA 20 Aug 1999

When a local authority hears an appeal against the refusal to offer a place for a child at a secondary school, the committee may hear submissions as to the possible illegality of the admissions policy of the school. It need not assume that a policy was lawful until and unless set aside. The committee is to apply independent scrutiny to the issues.

Citations:

Times 20-Aug-1999

Jurisdiction:

England and Wales

Education, Local Government

Updated: 11 May 2022; Ref: scu.85554

Regina v Hillingdon London Borough Council, ex parte London Regional Transport: CA 31 Aug 1999

Once a local authority had granted permission for the erection of bus shelters, it was not open to that authority who found a commercially better prospect later to revoke those licences to re-grant them elsewhere. The general powers in the later Act did not allow the authority to displace the agreements once in place.

Citations:

Times 31-Aug-1999

Statutes:

Local Government (Miscellaneous Provisions) Act 1953 4, London Transport Passenger Act 1934 104

Jurisdiction:

England and Wales

Local Government

Updated: 11 May 2022; Ref: scu.85306

Newbold and Another v Leicester City Council: CA 20 Aug 1999

An authority which had made an agreement which gave benefits to its employees in return for a reduction in their earnings was bound by that agreement even if it later proved more expensive than had been expected, and very generous. The scheme was not ultra vires. It was not a voluntary payment, but one under which employees had surrendered benefits.

Citations:

Times 20-Aug-1999, Gazette 11-Aug-1999

Jurisdiction:

England and Wales

Citing:

Distinguished – Allsop v North Tyneside Metropolitan Borough Council CA 1991
The district auditor declared that payments made by the Council under an ‘enhanced voluntary severance scheme’, established by it in connection with its policy of not making employees compulsorily redundant, were unlawful. The payments were . .
Lists of cited by and citing cases may be incomplete.

Local Government, Employment

Updated: 11 May 2022; Ref: scu.84270

Lambert v West Devon Borough Council: QBD 19 Mar 1997

A Local Authority officer granting permissions apparently within own powers binds the authority, and the Local Authority was liable in negligence for an error of a building control officer giving planning advice.

Citations:

Times 27-Mar-1997, Gazette 19-Mar-1997

Jurisdiction:

England and Wales

Negligence, Local Government

Updated: 10 May 2022; Ref: scu.82905

Jones v Waveney District Council: CA 17 Dec 1999

Where a local authority, having paid housing benefit in excess to a landlord, sought to recover that excess from him, it could not do so otherwise than in accordance with the regulations which provided for this. It was not open to the authority to deduct any overpayment from later payments, and if it did so, the landlord had the standing to reclaim the deducted amounts as a debt. Such a claim was not subject only to judicial review of the authority’s actions as part of public law.

Citations:

Times 22-Dec-1999, Gazette 17-Dec-1999

Statutes:

Housing Benefit (General) Regulations 1987 (1987 No 1971)

Jurisdiction:

England and Wales

Housing, Benefits, Landlord and Tenant, Local Government

Updated: 10 May 2022; Ref: scu.82620

Re M (Care: Challenging Decisions by Local Authority): FD 2001

Local authorities involved in care proceedings will infringe the rights of parents and other individual parties to them under both Article 6 and Article 8 of the Convention unless they conduct themselves with integrity, transparency and inclusiveness so as to satisfy the family’s rights, necessarily to be construed in a wide sense, to a fair hearing and to respect for their private and family life.
Held: The mother’s appeal against the care order was dismissed.

Judges:

Holman J

Citations:

[2001] 2 FLR 1300

Jurisdiction:

England and Wales

Cited by:

Cited – NJ v Essex County Council and Another; In re J (Care: Assessment: Fair Trial); Re J (a child) (care proceedings: fair trial) CA 11-May-2006
The family complained that the local authority had, in assessing the need for a care order, failed to follow the guideliens set down in In Re L, leading to an infringement of their human rights.
Held: Neither in the lower court nor here had . .
Cited – Cheshire County Council and others v DS (Father) and others CA 15-Mar-2007
The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Human Rights

Updated: 10 May 2022; Ref: scu.242871

Regina v Waltham Forest, Ex parte Vale: 11 Feb 1985

The court had to decide what was the ordinary reference under the 1948 of an adult without capacity. V had been in residential care in Ireland for over 20 years, but having left there had been with her mother for two weeks. The parties argued the case using the test in Shah.
Held: The court adopted a two-part approach suggested by counsel, but on either approach he considered that her residence with her parents could be treated as sufficiently settled to satisfy the Shah test.

Judges:

Taylor J

Citations:

Unreported, 11 February 1985

Statutes:

National Assistance Act 1948

Jurisdiction:

England and Wales

Citing:

Applied – Regina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
Cited – In re P (GE) (An infant) CA 1965
A stateless child was taken by his father away from the mother in England to Israel.
Held: The wardship jurisdiction of the Court of Chancery extended to any child ‘ordinarily resident’ in this country. An infant of British nationality whether . .

Cited by:

Cited – Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council SC 8-Jul-2015
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 09 May 2022; Ref: scu.588973

Mixnams Properties Ltd v Chertsey Urban District Council: HL 1965

The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee’s powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends to empower a third party to make conditions which regulate the terms of contracts to be made between others then, even where there is an appeal to a court of law against such conditions, it must do so in clear terms. Viscount Dilhorne: ‘In the present case there appears to me to be a fundamental difference between prescribing what must or must not be done on a site and restricting the site owner’s ordinary freedom to contract with his licensees on matters which do not relate to the manner of use of the site. Conditions can make the site owner responsible for the proper use of the site and it is then for him to make such contracts with his licensees as the general law permits. I can find nothing in the Act of 1960 suggesting any intention to authorise local authorities to go beyond laying down conditions relating to the use of sites, and in my opinion the general words in section 5 cannot be read as entitling them to do so.’

Judges:

Lord Upjohn, Viscount Dilhorne

Citations:

[1965] AC 735

Statutes:

Caravan Sites and Control of Development Act 1960

Jurisdiction:

England and Wales

Cited by:

Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Cited – Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited SC 25-Oct-2017
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development.
Held: The appeal failed. . .
Cited – Wright, Regina (on The Application of Wright) v Resilient Energy Severndale Ltd and Another SC 20-Nov-2019
W challenged the grant of planning permission for the change of use of agricultural land to allow erection of a wind turbine, saying that the authority had taken into account a promise by the land owner to run the scheme as a community development . .
Lists of cited by and citing cases may be incomplete.

Contract, Local Government, Licensing

Updated: 09 May 2022; Ref: scu.195471

Islington London Borough Council v Dornan: CA 4 Nov 2005

The defendant had purchased the property from the council under the right to buy scheme. He had been encouraged and supported in this by a third party company who had put together a scheme apparently intended to circumvent the requirement that the property be occupied for three years. The property was sold and the council sought repayment of part of the discount, and now appealed a finding that the scheme was effective.
Held: The appeal should be adjourned. The tenant had not been given any substantial understanding of the legal intricacies intended. It was not satisfactory that the finance company was not before the court. The defendant was not the correct person to be targeted.

Judges:

Buxton LJ, Sedley LJ, Jonathan Parker Lj

Citations:

Times 08-Nov-2005

Statutes:

Housing Act 1985 159

Jurisdiction:

England and Wales

Local Government

Updated: 07 May 2022; Ref: scu.235768

In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report.
Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for adults under a disability by letters patent or parens patriae had lapsed, but an inherent jurisdiction remained. Pending any statutory creation, the court would act through the common law doctrine of necessity. Here the action was required for protective rather than a custodial jurisdiction, and again the competing interests under the Convention had to be weighed. In both cases the requirements were met. For the children, and injunction was continued, and for the adults one was made. The balance came down in favour of protecting vulnerable adults by preventing publication of a local authority report: ‘They have had considerable and distressing disruption of their lives and are, as set out in the report, vulnerable. A period of peace, stability and a chance to settle down again after the very real upset of their lives is threatened by the likely intense media cover if this report is published. They are all under some disability but not such, as far as I know, as to prevent possibly all of them, but certainly at least 4 of them, from understanding the impact of press and other media intrusion. That intrusion would affect their daily lives and would be very likely to be disruptive, distressing and contrary to the need for them to settle back in the home. They clearly have rights under article 8 which are engaged and would be breached if the report is published. I am satisfied that publication of the report would be deeply damaging and detrimental to their welfare.
The factors supporting the rights of the vulnerable adults under article 8 have to be balanced against the right of the local authority to publish under article 10. I have found that it would be lawful on their behalf to interfere with the article 10 right of freedom of expression. I have considered very carefully whether to exercise the court’s discretion in favour of the vulnerable adults would be a disproportionate response to the contents of the report, having regard to the importance attached to article 10 by section 12 of the Human Rights Act 1998. I am also fully aware of the factors in favour of not restraining publication of volume 1. I am satisfied, however, that the balancing exercise comes down in favour of recognising the importance of the protection of the vulnerable adults by the granting of a declaration to that effect.’

Judges:

Dame Elizabeth Butler-Sloss P

Citations:

[2003] EWHC Fam 2746, Times 05-Dec-2003, Gazette 22-Jan-2004, [2004] EWHC 2746 (Fam), [2004] Fam 96, [2004] Fam Law 179, [2004] 1 FCR 113, [2004] 1 All ER 480, [2004] 2 WLR 926, (2004) 7 CCL Rep 426, (2004) 76 BMLR 210, [2004] BLGR 117, [2004] 1 FLR 541

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

England and Wales

Citing:

Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Lists of cited by and citing cases may be incomplete.

Children, Administrative, Media, Local Government, Human Rights, Information

Updated: 05 May 2022; Ref: scu.188626

Allchin v Coulthard: CA 1942

Lord Greene MR discussed the meaning of the word ‘fund’: ‘The word ‘fund’ may mean actual cash resources of a particular kind (e.g. money in a drawer or a bank), or it may be a mere accountancy expression used to describe a particular category which a person uses in making up his accounts. The words ‘payment out of’ when used in connection with the word ‘fund’ in its first meaning connote actual payment e.g. by taking the money out of the drawer or drawing a cheque on the bank. When used in connection with the word ‘fund’ in its second meaning they connote that, for the purposes of the account in which the fund finds a place, the payment is debited to that fund, an operation which of course has no relation to the actual method of payment or the particular cash resources out of which the payment is made . . A fund in the second category is merely an accountancy category. It has a real existence in that sense, but not in the sense that a real payment can be made out of it as distinct from being debited to it.’

Judges:

Lord Greene MR

Citations:

[1942] 2 KB 228

Cited by:

Appeal from – Allchin v Coulthard HL 1943
Affirmed. . .
Cited – Scottish Widows Plc v Revenue and Customs SC 6-Jul-2011
The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 04 May 2022; Ref: scu.441624

The King v Sherman: 1685

Coleman excepted to order of sessions against the defendant to take upon him the office of church-warden unless he could free himself by law, reciting that he was constable, snd was by Sir John Robinson, alderman of the ward, after the month of Easter appointed by writing without seal to be collector of the assessment for the poor, which is not within 43 Eliz. cap. 2, being a new offlce and not under seal, nor within the month, the Court agreed all these exceptions fatal as to overseers of the poor, and there being no customs to make any other collector, but the overseer retorn’d the Court gave leave to mend the retorn on oath.

Citations:

[1685] EngR 3624, (1685) 2 Keb 777, (1685) 84 ER 491 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 02 May 2022; Ref: scu.400399

Regina v Hammersmith and Fulham LBC ex part D: 1999

It was not outside a local authority’s powers to supply an air ticket to assist a failed asylum seeker to return home with her children.

Judges:

Kay J

Citations:

[1999] 1 FLR 642

Jurisdiction:

England and Wales

Cited by:

Cited – M v London Borough of Islington and Another CA 2-Apr-2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal.
Held: Provided she was not in breach of the removal order, the council had . .
Lists of cited by and citing cases may be incomplete.

Local Government, Children, Immigration

Updated: 29 April 2022; Ref: scu.196548

Regina (Stewart) v Wandsworth London Borough Council and Others: QBD 17 Sep 2001

The words ‘within their area’ in the section had to be read consistently with other parts of the Act, and therefore, the duty to carry out an assessment if a child had a physical connection with the area. A temporary housing in a homeless hostel within the authority district was sufficient.

Judges:

Mr Jack Beatson, QC

Citations:

Times 15-Nov-2001

Statutes:

Children Act 1989 17(1)(a), Housing Act 1996 190

Jurisdiction:

England and Wales

Citing:

Cited – Regina v London Borough of Lambeth ex parte Caddell Admn 9-Jun-1997
When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. . .
Cited – Regina v Kent County Council, Ex parte Salisbury and Pierre Admn 19-May-1999
Continuing duties of local authrity to children who have been in care on attaining majority. . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Updated: 28 April 2022; Ref: scu.166809

Regina v Barnet Justices ex parte Ribbans: Admn 18 Jun 1997

The applicant was an elderly illiterate lady. The magistrates had found that she had culpably neglected to pay her community charge. A suspended sentence of imprisonment was first imposed, and then effected in her absence. Held the Magistrates were under an obligation to enquire as to the adequacy of the service by recorded delivery. Costs were ordered against the magistrates despite their having only filed affidavit evidence.

Judges:

Mr Justice Laws

Citations:

[1997] EWHC Admin 566

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Erewash Borough Council and Ilkestone Justices ex parte Smedberg and Smedberg 1994
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Taxes – Other, Magistrates, Costs

Updated: 28 April 2022; Ref: scu.137511

Rodd v Ritchings; Gilbert v Childs; Batty v Burfoot; Same v Merriman: QBD 21 Jun 1995

A self contained granny flat was taxable separately. The test of what was self contained remained difficult.

Citations:

Independent 28-Jun-1995, Times 21-Jun-1995

Statutes:

Council Tax (Chargeable Dwellings) Order 1992 549

Jurisdiction:

England and Wales

Local Government, Rating

Updated: 28 April 2022; Ref: scu.88833

Regina v Westminster London Borough Council ex parte Al-Khorsan: QBD 14 Dec 1999

Having set aside a number of houses for the homeless, the local authority then failed, when allocating places, to consider the remaining and relevant statutory tests for deciding who should get what place.
Held: The statutory criteria remained relevant, and the homelessness as such was not sufficiently serious to overwhelm other considerations. The policy was unlawful.

Judges:

Latham J

Citations:

Times 21-Jan-2000, [1999] EWHC 835 (Admin), (2001) 33 HLR 6

Links:

Bailii

Statutes:

Housing Act 1996 Part VI

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 28 April 2022; Ref: scu.88705

Nottingham City Council v Thames: CA 26 Jul 2002

The local authority sought an order under the Act after its staff, working at a centre on the estate where the defendant resided had been threatened.
Held: There was no sufficient nexus between the staff and residence on the estate. The Enfield case was binding. The staff were not residents entitled to protection under the Act, and protection must be sought elsewhere.

Judges:

Lord Justice Ward and Sir Martin Nourse

Citations:

Times 19-Aug-2002

Statutes:

Housing Act 1996 152

Jurisdiction:

England and Wales

Citing:

Applied – Enfield London Borough Council v B (A Minor) and Another CA 2-Sep-1999
In order to grant an injunction under the section, a person sought to be protected had to have some real nexus or connection with the residential premises involved. A connection with the area in general was insufficient. A milkman visiting . .
Lists of cited by and citing cases may be incomplete.

Housing, Crime, Local Government

Updated: 27 April 2022; Ref: scu.174713

Attorney General v London County Council: HL 19 Mar 1907

The annual income of the London County Council liable to, and on which they paid, income tax was pounds 956,000, consisting of pounds 838,000 derived from rents and co., and pounds 118,000, the annual value of landed property occupied by themselves. They had from time to time under their statutory powers created capital stock, which was charged upon their whole property. As interest on this stock they annually paid to shareholders (always deducting income tax due thereon), the sum of pounds 1,371,000, the amount by which their own income was insufficient to pay this interest being raised by means of rates. Admittedly, they were entitled to retain for themselves so much of the deducted income tax as represented the tax on their income from rents and other sources – London County Council v. Attorney-General [1901], A.C. 26. Held that they could not retain, but were bound to hand over to the Crown, the amount of tax representing the tax on the value of the lands owned and occupied by them (pounds 118,000).

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, Robertson and Atkinson

Citations:

[1907] UKHL 1000, [1907] UKHL TC – 5 – 242, 5 TC 242

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Income Tax, Local Government

Updated: 27 April 2022; Ref: scu.622277

Montgomerie and Co Ltd v Haddington Burgh: HL 21 Feb 1908

The Burgh Sewerage, Drainage, and Water Supply (Scotland) Act 1901, sec. 5, enacts-‘The powers and duties of the town council of any burgh, as the authority under the principal Act [ i.e., by sec. 1, the Burgh Police (Scotland) Act 1892 (55 and 56 Vict. cap. 55)] with reference to sewerage and drainage or water supply, shall extend to the whole area of the burgh as existing for the purposes of the Public Health (Scotland) Act 1897, and the town council of any burgh as the authority under the principal Act, in addition to the powers conferred upon them by the principal Act or any other Act, shall, with reference to sewerage and drainage or water supply within such area, have the same rights, powers, and privileges as are conferred by the Public Health (Scotland) Act 1897 upon local authorities under that Act in districts other than burghs, with the exception of the rights, powers, and privileges conferred by sections one hundred and twenty-two and one hundred and thirty-one of the last-mentioned Act, to which sections the present section shall not apply, and in so far as necessary for giving effect to this enactment the last-mentioned Act, and the Acts and parts of Acts incorporated therewith, are, subject to the necessary modifications, incorporated with the principal Act. . . ‘
Held that under the above-quoted section a burgh, in the formation of sewers, is entitled to proceed either (1) under the provisions of the Burgh Police (Scotland) Act 1892, or (2) under the provisions of the Public Health (Scotland) Act 1897, both of which are a complete code within themselves; and in particular, having proceeded under the Act of 1897, a burgh is not bound to obtain the consent of proprietors required by sec. 217 of the Act of 1892.

Judges:

Lord Chancellor (Loreburn), Lord Robertson, and Lord Collins

Citations:

[1908] UKHL 337

Links:

Bailii

Jurisdiction:

Scotland

Local Government, Utilities

Updated: 26 April 2022; Ref: scu.621495

Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’

Citations:

[2018] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, European, Local Government, Licensing

Updated: 26 April 2022; Ref: scu.621440

Manchester Carriage and Tramways Co v Swinton and Pendlebury Urban District Council: HL 15 Dec 1905

Section 43 of the Tramways Act 1870 provides:-‘Where the promoters of a tramway in any district are not the local authority, the local authority . . may . . by notice . . require such promoters to sell, and thereupon such promoters shall sell to them their undertaking, or so much of the same as is within such district, upon terms of paying the then value (exclusive of any allowance for past or future profits of the undertaking, or any compensation for compulsory sale or other consideration whatsoever) of the tramway, and all lands, buildings, works, materials, and plant of the promoters suitable to and used by them for the purposes of their undertaking within such district . . ‘
Held that the words ‘within such district’ qualified the word ‘undertaking’ and not the words ‘lands . . promoters,’ and that accordingly a local authority acquiring a tramway undertaking under the above section was bound to pay the promoters the value of a depot suitable to and used by them in the undertaking, although not situated within the district of the local authority.
Judgment of Court of Appeal reversed.

Judges:

Lords Macnaghten, Robertson, and Lindley

Citations:

[1905] UKHL 573, 43 SLR 573

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621199

Mayor and Corporation of Westminster v London and North-Western Railway Co: HL 24 Jul 1905

An Act of Parliament conferred upon a sanitary authority power to construct lavatories under its streets, but conferred no power to make subways.
Held that in constructing an underground lavatory with access from both sides of a street, which constituted and was in fact used as a subway, the sanitary authority had not acted , its primary intention having been bona fide to construct a lavatory and not a subway.
Observed by the Lord Chancellor-‘That where the Legislature has conferred a statutory power to a particular body, with a discretion as to how it is to be used, it is beyond the power of any court to contest that discretion, assuming the thing done is the thing which the Legislature has authorised.’
Lord Lindley said: ‘I am not aware of any authority to show that the High Court can properly grant an injunction to restrain a public body, authorised to make a particular work for some public purpose, from exercising its authority on the ground that in the opinion of the Court the work being made is larger or handsomer and more costly than it need have been . . unless the Court is of opinion that the statutory authority is a mere cloak to screen a really unauthorised work.’
Lord Macnaghten: ‘A public body invested with statutory powers . . must take care not to exceed or abuse its powers. It must keep within the limits of the authority committed to it. It must act in good faith. And it must act reasonably . . and have some regard to the interest of those who may suffer for the good of the community.’

Judges:

Lord Chancellor (Halsbury), Lords Macnaghten, James of Hereford, and Lindley

Citations:

[1905] UKHL 560, 43 SLR 560

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621184

VI, Regina (on The Application of) v London Borough of Lewisham: Admn 15 Aug 2018

The Claimant applies for judicial review of an assessment (or reassessment) of needs completed by the Defendant London Borough of Lewisham pursuant to section 9 of the Care Act 2014

Judges:

Andrew Henshaw QC

Citations:

[2018] EWHC 2180 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621164

WX, Regina (on The Application of) v Northamptonshire County Council: Admn 14 Aug 2018

‘These two applications for judicial review concern decisions to make significant cuts to the library service in Northamptonshire. While austerity measures have led to the closure of many libraries around the country, evidence placed before me suggests that the scale of these cuts is unprecedented. They must be seen in the context of a local authority facing unprecedented financial difficulties. Although the claimants suggest that many of the problems are of the defendant’s own making, the simple truth is that action must be taken to regain control of a very precarious financial situation.’

Citations:

[2018] EWHC 2178 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621166

D and J Nicol v Dundee Harbour Commissioners: HL 10 Dec 1914

Harbour ratepayers, being members of the constituency erected by Act of Parliament to elect the harbour trustees, and being persons for whose benefit the harbour is kept up, have a title to prevent the harbour trustees committing an ultra vires act which directly affects the trust property.
Harbour trustees, who were vested by statute in a ferry within certain limits, hired out occasionally for excursions beyond the ferry limits their steamers when not required for ferry purposes, without having any power so to do expressed in their statute. Held that their action was not ‘incidental to or consequential upon’ the things authorised by statute, and was therefore ultra vires, and interdict granted.

Judges:

Lord Chancellor (Haldane), Lord Dunedin, Lord Atkinson, and Lord Parmoor

Citations:

[1914] UKHL 138, 52 SLR 138

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.620733

Bradford Corporation v Myers: HL 12 Nov 1915

By section 20 of its private Act of 1871 the Corporation of Bradford, who are the gas-supply authority and under obligation to supply gas in the town, ‘may sell, manufacture, store, and dispose of coke . . in such manner as the Corporation may think fit.’ On 10th October 1912, in pursuance of an order from the respondent, the appellants, the Corporation, delivered coke to him. Through the negligence of the appellants’ servant the coke was put through the respondent’s shop window in place of down the shoot in the pavement. The respondent sued for damages. The appellants pleaded in defence the Public Authorities Protection Act, sec. 1.
Held (affirming the judgment of the Court of Appeal – 1915, 1 K.B. 417) that the coke was delivered in pursuance of a voluntary contract, and not in execution ‘of any Act of Parliament or of any public duty or authority,’ and consequently the Public Authorities Protection Act did not apply.

Judges:

The Lord Chancellor (Buckmaster), Viscount Haldane, Lords Dunedin, Atkinson, and Shaw

Citations:

[1915] UKHL 776, 53 SLR 776

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.620701

Edinburgh Parish Council v Local Government Board for Scotland: HL 9 Mar 1915

The Poor Law (Scotland) Act 1898, section 5, enacts-‘(1) Whenever any parish council shall have obtained, in terms of the Poor Law Removal Act 1862, a warrant for the removal from any parish in Scotland to England or Ireland of any English-born or Irish-born poor person who has not acquired a settlement by residence in Scotland, and to whom the immediately preceding section does not apply, such poor person, if he or she shall have resided continuously in such parish for not less than one year before the date of the application for relief (her deceased husband’s residence, if necessary, being reckoned as part of her residence in the case of a widow), may, within fourteen days after intimation of the granting of such warrant and of the right to appeal in this sub-section mentioned, appeal to the Local Government Board, which Board shall without delay investigate the grounds of such appeal and determine whether it is reasonable and proper that such poor person shall be so removed. The inspector of poor of the parish whence the poor person is proposed to be removed shall be bound to intimate to the poor person the granting of the warrant and the right of appeal; and no warrant in terms of the Poor Law Removal Act 1862 shall be carried out until the expiry of the said fourteen days, or, if an appeal is taken, until it has been disposed of by the Board. (2) In the case of a poor person as in the preceding sub-section mentioned, the inspector of poor shall also be bound to send by registered letter a notice to the clerk to the board of guardians of the union or parish in England or Ireland named in the warrant of removal that if they desire they may, within fourteen days after the receipt of such notice, appeal to the Local Government Board against the removal, and shall with such notice transmit a copy of the depositions taken before the sheriff granting the warrant; and if the board of guardians shall so appeal, the Local Government Board shall without delay investigate the grounds of such appeal and determine whether it is reasonable and proper that such poor person shall be removed. No warrant in terms of the Poor Law Removal Act 1862 shall be carried out until the expiry of the said fourteen days, or, if an appeal is taken, until it is disposed of by the Board.’
Held (1) that the condition attached to the right of appeal conferred in subsection (1), ‘if he or she shall have resided continuously in such parish for not less than one year before the date of the application for relief,’ did not attach to the right of appeal conferred by sub-section (2) on the board of guardians; and (2) that the word ‘resided’ was to be taken in its ordinary meaning of ‘lived’ and not as requiring the intelligent residence necessary in the case of acquiring a settlement.

Judges:

Earl Loreburn, Lord Kinnear, Lord Dunedin, Lord Atkinson, Lord Parker, Lord Sumner, and Lord Parmoor

Citations:

[1915] UKHL 335, 52 SLR 335

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 26 April 2022; Ref: scu.620676

XPQ v The London Borough of Hammersmith and Fulham: QBD 7 Jun 2018

The claimants said that the defendant housing authority had failed in its duties toward her as a victim of sex trafficking to provide her with accommodation as a homeless person.
Held: The claim failed.

Judges:

Langstaff J

Citations:

[2018] EWHC 1391 (QB), [2018] WLR(D) 349

Links:

Bailii

Statutes:

Parliament and Council Directive 2011/36/EU

Jurisdiction:

England and Wales

European, Local Government, Housing

Updated: 25 April 2022; Ref: scu.620077