Aster Healthcare Ltd v Shafi (Estate of): QBD 24 Jan 2014

The defendant executor appealed from summary judgment in favour of the claimant in respect of outstanding care home fees.

Andrews DBE J
[2014] EWHC 77 (QB), [2014] PTSR 888, [2014] WLR(D) 42
Bailii, WLRD
Mental Capacity Act 2005, National Assistance Act 1948, National Health Service and Community Care Act 1990
England and Wales

Contract, Health, Local Government

Updated: 29 November 2021; Ref: scu.520897

Trail Riders Fellowship and Others v Powys County Council: Admn 17 Oct 2013

The applicants challenged decisions of the Council to make a traffic regulation order over each of two byways in the county. The Council was both the traffic and highway authority for the county. These orders had the effect of prohibiting the use of the byways by motor vehicles, motor cycles and horse drawn vehicles.

Cranston J
[2013] EWHC 3144 (Admin)
Bailii

Land, Local Government

Updated: 21 November 2021; Ref: scu.516545

Credit Suisse v Allerdale Borough Council: CA 20 May 1996

Builder’s Guarantee Ultra Vires LA

The council set out to provide a swimming pool using powers under s.19 of the 1976 Act. Purporting to use powers under s.111 of the 1972 Act, it set up a company to develop a site by building a leisure pool and time-share units, with a view to selling the time-share units to pay for the cost of building the pool. The council gave a guarantee to help the company to finance the project, and on the strength of this the company obtained a facility from the bank. The sale of the time-share units proved unsatisfactory and the company went into liquidation. The bank sued the council under the guarantee to recover the sums owed to it by the company.
Held: The guarantee was ultra vires where it had been given to a company when the authority was acting outside it’s proper powers. Where a statutory corporation purports to enter into a contract which it is not empowered by the relevant statute to enter into, the corporation lacks the capacity to make the supposed contract. This lack of capacity means that the document and the agreement it contains do not have effect as a legal contract. It exists in fact but not in law. It is a legal nullity. The purported contract which is in truth not a contract does not confer any legal rights on either party. Neither party can sue on it. Any third party dealing with a local authority should be aware of that fact [of limited capacity and competence] and of the potential legal risk.
Hobhouse LJ said: ‘The discretion of the court in deciding whether to grant any remedy is wide one. It can take into account many considerations, including the needs of good administration, delay, the effect on third parties, and the utility of granting the relevant remedy.’

Hobhouse LJ
Times 20-May-1996, [1997] QB 306
Local Government Act 1972 111, Local Government (Miscellaneous Provisions) Act 1976 819
England and Wales
Citing:
Appeal fromCredit Suisse v Allerdale Borough Council QBD 17-Jun-1994
A Local Authority’s guarantee for its own company was void, having been given for impermissible reasons. . .
AppliedLondon and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .

Cited by:
CitedStretch v The United Kingdom ECHR 24-Jun-2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires.
Held: Property rights protected under . .
CitedRegina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
CitedKilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
CitedBirmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .

Lists of cited by and citing cases may be incomplete.

Local Government, Contract, Company, Banking

Updated: 20 November 2021; Ref: scu.79620

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 was being committed in the park. Finnemore J discussed the purpose of a public walks or pleasure grounds under the 1875 Act, saying: ‘So far as a local authority are concerned, if land is bought under s. 164 of the Act of 1875 for that purpose it is dedicated to the use of the public for the purpose of a park.’

Finnemore J rejected the plaintiff’s submission that even if it was not the occupier, the authority was liable because it had the management and control of the park: ‘So long as a member of the public behaves himself in the ordinary way, committing no criminal offence and observing the by-laws, the corporation cannot stop his doing what he likes in this recreation ground . . I think that the corporation are the trustees and guardians of the park, and that they are bound to admit to it any citizen who wishes to enter it within the times when it is open. I do not think that they can interfere with any person in the park unless he breaks the general law or one of their by-laws. They cannot put themselves in the position of judges of whether a person may be causing a nuisance to someone outside the park. Their proper attitude to such a complaint is to say that the complainer must take action against the person who is said to be committing the nuisance.’

Finnemore J
[1949 ] 1 KB 716
Public Health Act 1875
England and Wales
Cited by:
CitedRegina 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: . .
CitedBarkas 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 . .
CitedBarkas, 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 . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Land, Local Government

Updated: 17 November 2021; Ref: scu.187797

Regina v Camden London Borough Council Ex Parte Cran and Others: QBD 25 Jan 1995

A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required in a particular case must depend on the circumstances. A few general principles can however, be stated.
‘The process of consultation must be effective; looked at as a whole, it must be fair. This requires that: consultation must take place while the proposals are still at a formative stage; those consulted must be provided with information which is accurate and sufficient to enable them to make a meaningful response; they must be given adequate time in which to do so; there must be adequate time for their responses to be considered; the consulting party must consider responses with a receptive mind and a conscientious manner when reaching its decision.’

McCullough J
Times 25-Jan-1995, Ind Summary 20-Mar-1995, (1996) 94 LGR 8
European Convention on Human Rights 9
Citing:
CitedRegina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .

Cited by:
CitedRegina (on the Application of Wainwright) v Richmond Upon Thames London Borough Council CA 20-Dec-2001
A local authority was under a statutory duty to consult before undertaking road improvements. Because of the chaotic mail administration systems, the consultation had been ruled unlawful. The council appealed.
Held: The council had in fact . .
CitedPartingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .
CitedX, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .

Lists of cited by and citing cases may be incomplete.

Road Traffic, Local Government

Updated: 17 November 2021; Ref: scu.86281

National Secular Society and Another, Regina (on The Application of) v Bideford Town Council: Admn 10 Feb 2012

The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: ‘S111 is the statutory expression of the powers implied by common law for corporations. Even if an act could fall into a category outside s111 but for which no statutory authority was required at all, saying prayers would not be one of them: it can be controversial, the importance attached by the Council to saying prayers as part of the meeting means that it cannot be treated as a trivial matter.’
and ‘There is a contradiction at the heart of the Council’s position. It has made the prayers part of the formal business of the Council, yet it says that Councillors, summoned to its meetings, are not obliged to be present for this incident to the transaction of business nor to participate in it. I do not think that what falls within the scope of s111, as an incident to the transaction of the business of the meeting, can then be regarded as such that attendance for it is unnecessary or optional, in distinction from all other business.’
and ‘I do not think that the 1972 Act, dealing with the organisation, management and decision-making of local Councils, should be interpreted as permitting the religious views of one group of Councillors, however sincere or large in number, to exclude or, even to a modest extent, to impose burdens on or even to mark out those who do not share their views and do not wish to participate in their expression of them. They are all equally elected Councillors.’
Ouseley J said: ‘The issue is solely about whether prayers can be said as a part of the formal business transacted by the Council at a meeting to which all Councillors are summoned. It is quite wrong for the Defendant to suggest that the Claimants would be introducing a bar on acts of worship before the meeting, thus hindering the exercise by Councillors who wished to pray of their right to do so.’

Ouseley J
[2012] EWHC 175 (Admin)
Bailii
Equality Act 2006, European Convention on Human Rights 9, Local Government Act 1972 111
England and Wales
Citing:
CitedRegina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
CitedHazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
CitedEweida v British Airways Plc CA 12-Feb-2010
The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly . .
CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
CitedMcFarlane v Relate Avon Ltd CA 29-Apr-2010
The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but . .
CitedBuscarini And Others v San Marino ECHR 18-Feb-1999
(Grand Chamber) Elected MPs complained that they were not allowed to take their seats unless they swore an oath in religious form.
Held: This requirement was not compatible with article 9. ‘That freedom [Article 9 freedom of thought] entails, . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedLautsi v Italy ECHR 18-Mar-2011
(Grand Chamber) The applicants complained that the presence in all state schoolrooms of a crucifix on the wall infringed the principle of secularism. The routine presence in state school classrooms of a crucifix, which was not used for worship, . .
CitedLadele v London Borough of Islington CA 15-Dec-2009
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs.
Held: The council’s decision had clearly disadvantaged the claimant, and the question . .

Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights, Ecclesiastical

Updated: 11 November 2021; Ref: scu.451362

Nzolameso v City of Westminster: SC 2 Apr 2015

The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had failed to take proper account of her and of her children’s needs.
Held: The appeal succeeded. The decision that their duty to secure that accommodation was made available to her had come to an end must be quashed: ‘the authority cannot show that their offer of the property in Bletchley was sufficient to discharge their legal obligations towards the appellant under the 1996 Act. Moreover, their notification to the appellant that their duty towards her had come to an end was purportedly given in circumstances where she did not know, and had no means of knowing, what, if any, consideration had been given to providing accommodation in or nearer to the borough, apart from the general standard paragraph in the letter offering her the Bletchley accommodation the previous day.’

Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Hughes, Lord Toulson
[2015] UKSC 22, [2015] WLR(D) 165, [2015] PTSR 549, [2015] 2 WLR 813, [2015] 2 All ER 942, (2015) 18 CCL Rep 201, [2015] BLGR 215, [2015] HLR 22, UKSC 2014/0275
Bailii, WLRD, Bailii Summary, SC, SC Summary
Housing Act 1996
England and Wales
Citing:
CitedRegina v Newham London Borough Council, ex parte Sacupima and others CA 1-Dec-2000
Where a local authority had to decide whether temporary housing was suitable for a family who had applied under the homelessness provisions, the location of the short-term housing was relevant. In this case, a London authority, placing a family in . .
Appeal fromNzolameso v City of Westminster CA 22-Oct-2014
The authority accepted that it owed a duty to house the appellant, and that she was unable to afford the rents payable on housing within the district after reductions in housing benefits. She was offered but refused, housing im Milton Keynes. . .
CitedRegina v Sacupima and Others, Ex Parte Newham London Borough Council QBD 26-Nov-1999
A local authority decide to provide temporary accommodation for homeless applicants outside its area in assorted seaside towns, pending a final decision on their cases. This general policy was unlawful, since the authority had failed to consider . .
CitedYumsak v London Borough of Enfield Admn 2002
The court will not readily interfere with the approach of a housing authority to the question of suitability, although in an appropriate case it plainly will. . .
CitedCalgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
CitedRuiz Zambrano (European Citizenship) ECJ 8-Mar-2011
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the . .
CitedCastle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
CitedHuzrat v London Borough of Hounslow CA 21-Nov-2013
The applicant sought housing as a homeless person.
Held: Moses LJ said: ‘The statutory questions are clear; was the action or omission in question deliberate? The answer to that question cannot differ [according to] whether the local authority . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
CitedHH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
CitedStevens v Secretary of State for Communities and Local Government and Another Admn 10-Apr-2013
The court was asked as to important issues as the approach of both planning decision-makers and the court to proportionality in circumstances in which a planning decision engages the right to respect for family life under article 8 of the European . .
CitedCollins v Secretary of State for Communities and Local Government and Another CA 9-Oct-2013
The claimant, seeking permission to use land as a gypsy and travellers’ camp site, appealed against rejection of his request for the quashing of the inspector’s report approving an enforcement notice. . .
CitedHines v London Borough of Lambeth CA 20-May-2014
The child applicant sought housing assistance.
Held: The child’s welfare had obviously to be taken into account, but it could not be the paramount consideration as this would be inconsistent with the statutory language. . .
CitedRoyal Mail Group Plc v The Consumer Council for Postal Services CA 7-Mar-2007
The Royal Mail appealed a grant of judicial review of the decision of the Post regulator not to penalise the company for its failure to meet its service conditions as regards enforcement of credit terms for bulk mail customers.
Held: The . .
CitedRegina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
CitedCalgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
CitedRegina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .

Cited by:
CitedPoshteh v Royal Borough of Kensington and Chelsea SC 10-May-2017
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental . .

Lists of cited by and citing cases may be incomplete.

Housing, Local Government

Leading Case

Updated: 11 November 2021; Ref: scu.545697

Regina (B) v Merton London Borough Council: Admn 14 Jul 2003

The authority had to decide the age of the applicant, an asylum seeker, in order to decide whether a duty was owed to him under the Act. He complained that the procedure adopted was unfair. The 2002 Act did not apply to persons under 18, and he would be entitled to assistance from the respondent. The assessment was made by a social worker through an interpreter over a telephone, but no record was kept.
Held: There was no statutory procedure. Without documentation, no objective procedure existed, and the respondent must rely upon its own assessment. It was difficult but not complex, and should not be made complex. It had to make its own decision, and could not simply adopt the decision of the Home Office. The procedure adopted here risked misunderstanding, and notes would have been relevant and useful. The applicant had not been given opportunity to answer points found against him, and the decision was unfair and must be set aside.
The court set out guidelines for the making of such assessments.

Stanley Burnton J
[2003] EWHC 1689 (Admin), Times 18-Jul-2003, [2003] 4 All ER 280
Bailii
Children Act 1989 17, Nationality, Immigration and Asylum Act 2002 18(1)(a)
England and Wales
Cited by:
CitedI and Another, Regina (on the Application Of) v Secretary of State for the Home Department Admn 27-May-2005
The applicants had sought asylum. The respondent wished to detain them. They said that they were under the age of 18, which would require them to be released. The respondent obtained expert reports from a senior consultant paediatrician experienced . .
CitedRegina (A) v Liverpool City Council QBD 26-Jun-2007
The applicant sought judicial review of the authority’s decision that he was over the age of eighteen.
Held: Review was granted. The authority had to have regard to all the relevant information, and could not limit itself to adopting the . .
CitedFriends of Basildon Golf Course v Basildon District Council and Another Admn 23-Jan-2009
The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedAA, Regina (on The Application of) v Secretary of State for The Home Department SC 10-Jul-2013
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government, Benefits

Leading Case

Updated: 11 November 2021; Ref: scu.184712

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 that the services should be free.
Held: Section 117 imposed a clear and free standing duty to provide support. The section was not a mere request to the authority to provide services under other provisions. Such patients might have greater needs and also have imposed on them restrictions. It was not inappropriate that support should be free.

Lord Slynn of Hadley Lord Mackay of Clashfern Lord Steyn Lord Hutton Lord Millett
Times 29-Aug-2002, Gazette 17-Oct-2002, [2002] UKHL 34, [2002] BLGR 557, (2002) 5 CCL Rep 500, [2002] 4 All ER 124, [2002] 3 WLR 584, (2002) 68 BMLR 247, [2002] 2 AC 1127
House of Lords, Bailii
Mental Health Act 1983 3 117
England and Wales
Citing:
Appeal FromRegina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc Admn 15-Oct-1999
. .

Cited by:
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedStojak, 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.

Health, Benefits, Local Government

Leading Case

Updated: 10 November 2021; Ref: scu.174394

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied destitute asylum seekers were excluded from benefit, and they had to rely upon the respondent. The House considered the value of the Explanatory notes now published with Acts: ‘Insofar as the Explanatory Notes cast light on the objective setting or contextual scene of the statute, and the mischief at which it is aimed, such materials are therefore always admissible aids to construction. They may be admitted for what logical value they have.’ Lord Steyn: ‘The starting point is that language in all legal texts conveys meaning according to the circumstances in which it was used. It follows that the context must always be identified and considered before the process of construction or during it. It is therefore wrong to say that the court may only resort to evidence of the contextual scene when an ambiguity has arisen.’

Steyn, Slynn, Hoffmann, Millett and Rodger LL
Times 18-Oct-2002, [2002] UKHL 38, [2002] 1 WLR 2956, [2002] 4 All ER 654, [2002] HLR 58, (2002) 5 CCL Rep 511, [2003] BLGR 23
House of Lords, Bailii
National Assistance Act 1948 21, Immigration and Asylum Appeals Act 1999 95 116
England and Wales
Citing:
CitedPrenn v Simmonds HL 1971
Backgroun Used to Construe Commercial Contract
Commercial contracts are to be construed in the light of all the background information which could reasonably have been expected to have been available to the parties in order to ascertain what would objectively have been understood to be their . .
CitedReardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedRiver Wear Commissioners v Adamson HL 1877
It was not necessary for there to be an ambiguity in a statutory provision for a court to be allowed to look at the surrounding circumstances.
As to the Golden Rule of interpretation: ‘It is to be borne in mind that the office of the judge is . .
CitedRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
CitedRobinson v Secretary of State for Northern Ireland and Others HL 25-Jul-2002
The Northern Ireland Parliament had elected its first minister and deputy more than six weeks after the election, but the Act required the election to be within that time. It was argued that as a creature of statute, the Parliament could not act . .
CitedRegina 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 . .
CitedRegina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha CA 7-Sep-2000
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority.
Held: The . .
CitedWahid v London Borough of Tower Hamlets CA 7-Mar-2002
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better . .
Appeal fromWestminster City Council v National Asylum Support Service CA 10-Apr-2001
. .
At first instanceWestminster City Council v National Asylum Support Service Admn 27-Feb-2001
. .

Cited by:
CitedRegina (on the Application of Mani) v London Borough of Lambeth CA 9-Jul-2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was . .
CitedRegina (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 . .
CitedRegina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department CA 4-May-2004
The court considered the duties of local authorities to support infirm asylum seekers with children.
Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support . .
AppliedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedAttorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
CitedRegina v Montila and Others HL 25-Nov-2004
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
CitedIn re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
CitedPhillips v Rafiq and Motor Insurers Bureau (MIB) CA 13-Feb-2007
The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first . .
CitedKing v The Serious Fraud Office CACD 18-Mar-2008
Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge.
Held: Such orders did not apply to the applicant’s assets in Scotland. The orders . .
CitedM, 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 . .
CitedPersimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another TCC 10-Oct-2008
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement . .
CitedMucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. . .
CitedRollins, Regina v SC 28-Jul-2010
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act.
Held: The . .
CitedOceanbulk Shipping and Trading Sa v TMT Asia Ltd and Others SC 27-Oct-2010
The court was asked whether facts which (a) are communicated between the parties in the course of without prejudice negotiations and (b) would, but for the without prejudice rule, be admissible as part of the factual matrix or surrounding . .
CitedHorton v Henry CA 7-Oct-2016
No obligation on bankrupt to draw on pension fund
The trustee in bankruptcy appealed against a decision dismissing his application for an income payments order pursuant to section 310 of the 1986 Act in respect of income which might become payable to the respondent from his personal pension . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health, Immigration, Benefits, Human Rights

Leading Case

Updated: 10 November 2021; Ref: scu.177452

National Aids Trust v National Health Service Commissioning Board (NHS England): Admn 2 Aug 2016

NHS to make drug available

The claimant charity said that drugs (PrEP) prophylactic for AIDS / HIV should be made available by the defendant and through the NHS. The respndent said that the responsibility for preventative medicine for sexual health lay with local authorities.
Held: The claim succeeded. NHS England had misdirected itself in law when it concluded that it had no power to commission PrEP: ‘when the NHSA 2006 is considered both as a whole but also by reference to its specific provisions it has the following broad characteristics and purposes; First, it imposes broad duties and powers on NHS England to secure the provision of health services to the entirety of the population and nation wide; second, the duty includes all aspects of preventative medicine; third it exercises its powers and duties concurrently with other providers of services which includes the Secretary of State, CCGs and local authorities; fourth these services are to be provided comprehensively and in an integrated manner; fifth, the service is to be provided efficiently and so as to avoid inequalities of provision or outcome.’

Green J
[2016] EWHC 2005 (Admin), CO/2979/2016
Bailii, Judiciary
National Health Service Act 2006, National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, Local Authorities (Public Health Functions etc.) Regulations 2013
England and Wales
Citing:
CitedAndrews, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs CA 1-Jul-2015
The claimant appealed against rejection of his request for judicial review of the decision by the respondent not to amend the definitive map to show two sections of public bridleway across an arable field.
Lord Dyson MR considered the purposive . .
CitedUBS Ag and Another v Revenue and Customs SC 9-Mar-2016
UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps . .
CitedHarvey, Regina v SC 16-Dec-2015
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been . .
CitedSolar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change Admn 7-Nov-2014
The court considered the admissibility of pre-legislative material as evidence to support the interpretation of a statute. . .
MentionedSolar Century Holdings Ltd and Others v Secretary of State for Energy and Climate Change CA 1-Mar-2016
This judicial review appeal concerns the legality of decisions by the respondent, the Secretary of State for Energy and Climate Change (‘the SoS’), to bring to a premature close, subject to certain periods of grace, a statutory scheme supporting the . .
CitedAttorney-General v Mersey Railway Co HL 1906
The power to make by-laws encompasses not only a company’s principle activity, but also all incidental and ancillary activities. The incidental power cannot be used to expand the company’s activities, in this case by extending its business by . .
CitedHazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
CitedAndrews, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs CA 1-Jul-2015
The claimant appealed against rejection of his request for judicial review of the decision by the respondent not to amend the definitive map to show two sections of public bridleway across an arable field.
Lord Dyson MR considered the purposive . .

Lists of cited by and citing cases may be incomplete.

Health, Local Government, News

Updated: 10 November 2021; Ref: scu.567876

Veolia Es Nottinghamshire Ltd v Nottinghamshire County Council and Others: CA 29 Oct 2010

An elector sought disclosure under the 1988 Act concerning a contract with certain contractors. The authority refused saying that they were commercially sensitive, and the company said that doisclosure would affect its own human rights.
Held: The right to information under the 1988 Act was not so extensive as to override the claimant’s right to protection of its commercially sensitive documents. Valuable commercial information was protectable as a possession under the first protocol. The exercise in any such case is always fact driven and context sensitive.

Rix, Etherton, Jackson LJJ
[2010] EWCA Civ 1214, [2010] WLR (D) 273
Bailii, WLRD
Audit Commission Act 1998, European Convention on Human Rights 1, Freedom of Information Act 2000 50
England and Wales
Citing:
CitedRegina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
CitedRegina (HTV Ltd) v Bristol City Council QBD 14-May-2004
The claimant sought disclosure by the respondent of their accounts, intending to use the material in a television program.
Held: As ratepayers, they were entitled to the information. The respondent was not free to refuse it because it . .
Appeal fromHertfordshire County Council v Veolia Water Central Ltd QBD 19-Feb-2010
. .

Cited by:
CitedPhillips v Newsgroup Newspapers Ltd and Others ChD 17-Nov-2010
The claimant had been assistant to a well known publicist. The defendant had settled an action brought by her principal for hacking his mobile telephone, in the course of which it appeared that the claimant’s phone had also been hacked. She now . .

Lists of cited by and citing cases may be incomplete.

Information, Local Government, Human Rights

Updated: 09 November 2021; Ref: scu.425613

Cunningham, Regina (on The Application of) v Hertfordshire County Council and Another: CA 11 Nov 2016

Whether child should be seen to b ‘looked after’

Appeal from an order dismissing the appellant’s claim for judicial review, expressed as a challenge to the failure of Hertfordshire to provide her with support for the care of her grandson who, it was suggested, was a ‘looked after child’ for the purposes of section 20 to 22D of the 1989 Ac. A necessary stepping stone to that conclusion was that it should have appeared to Hertfordshire for the purposes of section 20 of the 1989 Act, that R required accommodation because his mother was no longer able to provide him with it. Had Hertfordshire come to that conclusion and arranged accommodation for him, then after 24 hours R would have become a ‘looked after child’ with the consequence that various obligations upon Hertfordshire would have arisen, including the provision of financial support.
Held: The obligation to provide the support arose only upon the Local Authority seeing that it appeared to them that the child required accomodation. Such an assessment was acutely fact sensitive, and required an established error of public law for a challenge.
A child was not in such need of support only on the basis that accomodation offered was only temporary or stopgap

Black, Burnett LJJ
[2016] EWCA Civ 1108, [2016] WLR(D) 595
Bailii, WLRD
Children Act 1989 20 21 22
England and Wales

Children, Local Government

Updated: 02 November 2021; Ref: scu.571221

Re L (Care: Assessment: Fair Trial): FD 2002

The court emphasised the need, in the interests not merely of the parent but also of the child, of a transparently fair and open procedure at all stages of the care process, including the making of documents openly available to parents.
Munby J said: ‘it must never be forgotten that, with the state’s abandonment of the right to impose capital sentences, orders of the kind which judges of this Division are typically invited to make in public law proceedings are amongst the most drastic that any judge in any jurisdiction is ever empowered to make. It is a terrible thing to say to any parent – particularly, perhaps, to a mother – that he or she is to lose their child for ever.’ and ‘The local authority should at an early stage of the proceedings make full and frank disclosure to the other parties of all key documents in its possession or available to it . . Early provision should then be afforded for inspection of any of these documents. Any objection to the disclosure or inspection of any document should be notified to the parties at the earliest possible stage in the proceedings and raised with the court by the local authority without delay.’

Munby J
[2002] 2 FLR 730, [2002] EWHC 1379 (Fam)
Cited by:
CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
CitedJD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
CitedDurham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government

Leading Case

Updated: 02 November 2021; Ref: scu.194861

Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council: Admn 28 Jun 2016

The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also had failed as require to consider the effect it might have in the Jewish community, by possibly encouraging anti-Jewish feelings.
Held: The claims were each dismissed.

Simon LJ, Flaux J
[2016] EWHC 1512 (Admin), [2017] PTSR 1433
Bailii
Local Government Act 1988 17, Equality Act 2010 149
England and Wales
Citing:
CitedRedmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedBAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another QBD 9-Feb-2007
The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .
CitedNational Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
CitedMeany and Others, Regina (On the Application of) v Harlow District Council Admn 9-Mar-2009
Challenge to process used for advertising an invitation to tender for its welfare rights and advice services within the district.
Held: Davis J said that the: ‘general regard to issues of equality is not the same as having specific regard, by . .
CitedHurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills Admn 17-Feb-2012
The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.
Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do . .
CitedBracking and Others v Secretary of State for Work and Pensions CA 6-Nov-2013
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund.
Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . . .
CitedBrown, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 18-Dec-2008
Having ‘due regard’ is not Obligation to do
The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the . .
CitedBailey and Others, Regina (on The Application of) v London Borough of Brent Council and Others CA 19-Dec-2011
Appeal against failure of challenge to decision to close public libraries. . .
CitedPieretti v London Borough of Enfield CA 12-Oct-2010
The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. . .
CitedDomb and Others, Regina (On the Application of) v London Borough of Hammersmith and Fulham and Another CA 8-Sep-2009
The applicants sought to challenge a decision by the authority to charge for various home care services provided to the disabled applicants. They alleged that the charges were discriminatory.
Held: Officials reporting to or advising . .
CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 01 November 2021; Ref: scu.566267

Westdeutsche Landesbank Girozentrale v Islington London Borough Council: HL 22 May 1996

Simple interest only on rate swap damages

The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could also award compound interest. It was clear law that the court had power to do so in the case of a breach of trust.
Held: Simple interest only was payable on a debt payable for an interest rate swap agreement which had been avoided as ultra vires the council’s powers. The failure of the swap agreement did not place the authority under any fiduciary duty to the claimants. A finding to that effect would create equitable interests with uncertain consequences for others. Accordingly simple interest only was payable. Parliament had made its intentions clear and it was not for the courts to create new situations in which compound interest would be awarded. ‘Although it is difficult to find clear authority for the proposition, when property has been obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity.’ An innocent recipient of property wrongfully obtained does not become a constructive trustee of it until receipt of knowledge of the claim in equity of the true owner.
HL Lord Goff said: ‘Claims in restitution are founded upon a principle of justice, being designed to prevent the unjust enrichment of the defendant: see Lipkin Gorman v Karpnale Ltd. [1991] 2 A.C. 548. Long ago, in Moses v Macferlan (1760) 2 Burr. 1005, 1012, Lord Mansfield C.J. said that the gist of the action for money had and received is that ‘the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money’. It would be strange indeed if the courts lacked jurisdiction in such a case to ensure that justice could be fully achieved by means of an award of compound interest, where it is appropriate to make such an award, despite the fact that the jurisdiction to award such interest is itself said to rest upon the demands of justice. I am glad not to be forced to hold that English law is so inadequate as to be incapable of achieving such a result. In my opinion the jurisdiction should now be made available, as justice requires, in cases of restitution, to ensure that full justice can be done. The seed is there, but the growth has hitherto been confined within a small area. That growth should now be permitted to spread naturally elsewhere within this newly recognised branch of the law. No genetic engineering is required, only that the warm sun of judicial creativity should exercise its benign influence rather than remain hidden behind the dark clouds of legal history.’
Lord Browne-Wilkinson said (obiter): ‘The argument for a resulting trust was said to be supported by the case of a thief who steals a bag of coins. At law those coins remain traceable only so long as they are kept separate: as soon as they are mixed with other coins or paid into a mixed bank account they cease to be traceable at law. Can it really be the case, it is asked, that in such circumstances the thief cannot be required to disgorge the property which, in equity, represents the stolen coins? Moneys can only be traced in equity if there has been at some stage a breach of fiduciary duty, i.e. if either before the theft there was an equitable proprietary interest (e.g. the coins were stolen trust moneys) or such interest arises under a resulting trust at the time of the theft or the mixing of the moneys. Therefore, it is said, a resulting trust must arise either at the time of the theft or when the moneys are subsequently mixed. Unless this is the law, there will be no right to recover the assets representing the stolen moneys once the moneys have become mixed.
I agree that the stolen moneys are traceable in equity. But the proprietary interest which equity is enforcing in such circumstances arises under a constructive, not a resulting, trust. Although it is difficult to find clear authority for the proposition, when property is obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity. Thus, an infant who has obtained property by fraud is bound in equity to restore it: Stocks v. Wilson [1913] 2 K.B. 235, 244; R. Leslie Ltd. v. Sheill [1914] 3 K.B. 607. Moneys stolen from a bank account can be traced in equity: Bankers Trust Co. v. Shapira [1980] 1 W.L.R. 1274, 1282C-E: see also McCormick v. Grogan (1869) L.R. 4 H.L. 82, 97′.
Lord Browne-Wilkinson explained the differences between institutional and remedial constructive trusts: ‘Under an institutional constructive trust, the trust arises by operation of law as from the date of the circumstances which give rise to it: the function of the court is merely to declare that such trust has arisen in the past. The consequences that flow from such trust having arisen (including the possibly unfair consequences to third parties who in the interim have received the trust property) are also determined by rules of law, not under a discretion. A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court.’

Lord Browne-Wilkinson, Lord Goff, Lord Woolf
Times 30-May-1996, [1996] 2 All ER 961, [1996] 2 AC 669, [1996] UKHL 12, [1996] 2 WLR 802, [1996] 5 Bank LR 341
Bailii
England and Wales
Citing:
Appeal fromWestdeutsche Landesbank Girozentrale v Islington London Borough Council CA 30-Dec-1993
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers.
Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap . .
CitedBurdick v Garrick HL 1870
In the courts of Chancery, the statute of limitations would not apply when the person in a confidential relationship had got the property into his hands. A court presumes against the party against whom relief is sought that he has made that profit . .
CitedWallersteiner v Moir (No 2) CA 1975
The court was asked whether Moir would be entitled to legal aid to bring a derivative action on behalf of a company against its majority shareholder.
Held: A minority shareholder bringing a derivative action on behalf of a company could obtain . .
AppliedHazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .

Cited by:
CitedSmithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
CitedIslamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings . .
CitedStack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
CitedBryce Ashworth v Newnote Ltd CA 27-Jul-2007
The appellant challenged a refusal to set aside a statutory demand, in respect of his director’s loan account with the respondent company, saying the court should have accepted other accounts to set off against that debt.
Held: A statutory . .
CitedSempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
CitedKommune and Another v DEPFA Acs Bank ComC 4-Sep-2009
Local authorities in Denmark sought to recover sums paid to the defendant banks for swap trading, saying that the payments had been outwith their powers. . .
CitedClarence House Ltd v National Westminster Bank Plc CA 8-Dec-2009
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard . .
CitedTwentieth Century Fox Film Corp and Others v Harris and Others ChD 5-Feb-2013
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright.
Held: He did not. No such argument could be shown to have suceeded before. . .
CitedPindell v AirAsia CA 2011
Tomlinson LJ drew attention to the danger of attempting to draw parallels between an aircraft operating (dry) lease and some other more commonly litigated superficially similar instruments such as time charters of ships, where the legal incidents . .
CitedOlympic Airlines Sa v ACG Acquisition XX Llc CA 17-Apr-2013
The parties disputed their mutual obligations under aircraft leasing agreements. The insolvent airline said that in signing to accept the condition of the aircraft on delivery, it had not created an estoppel against itself when the aircraft later . .
CitedBailey and Another v Angove’s Pty Ltd SC 27-Jul-2016
The defendant had agreed to act as the claimant’s agent and distributor of the claimant’s wines in the UK. It acted both as agent and also bought wines on its own account. When the defendant went into litigation the parties disputed the right of the . .
CitedFilby v Mortgage Express (No 2) Limited CA 22-Jun-2004
Mr and Mrs Filby’s matrimonial home was charged to the Halifax. They also had an unsecured loan with the Midland Bank. Mr Filby sought to remortgage the matrimonial home with Mortgage Express. The mortgage advance was paid to solicitors who used . .
CitedAkers and Others v Samba Financial Group SC 1-Feb-2017
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the . .
Obiter comments doubtedShalson and others v Russo and others ChD 11-Jul-2003
Rimer J doubted obiter comments of Lord Brown-Wilkinson: ‘I do not find that an easy passage. As to the first paragraph, a thief ordinarily acquires no property in what he steals and cannot give a title to it even to a good faith purchaser: both the . .
CitedScott v Bridge and Others ChD 25-Nov-2020
Claim to recover money and property said to have been transferred by the claimant to the defendants or one or more of them. The money concerned came from a bank account belonging to the claimant. The property concerned consisted of two . .
CitedPrudential Assurance Company Ltd v Revenue and Customs SC 25-Jul-2018
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties.
Issue I: does EU law require the tax credit to be . .
CitedFetch.AI Ltd and Another v Persons Unknown Category A and Others ComC 15-Jul-2021
Cryptocurrency Action
The claimants sought damages and other remedies saying that the unknown defendants had obtained access to the private key guarding their crypto currency assets, and then sold them at an undervalue, acquiring substantial profits for themselves in . .

Lists of cited by and citing cases may be incomplete.

Banking, Local Government, Equity

Leading Case

Updated: 01 November 2021; Ref: scu.90405

Lambeth London Borough Council v Thomas: CA 31 Mar 1997

There had been an agreement between Lambeth and Thames Water when Thames Water was still a public water authority and when Lambeth collected water rates properly so called from its tenants on behalf of the water authority. No evidence of it in writing remained. but it was found by the county court judge on the basis of the evidence in the case, and its essential outlines were found as facts. The tenant there, Mrs Thomas, was also a secure tenant who had failed to pay her water charges, which under her tenancy agreement were payable weekly together with her rent. A possession order was sought for some pounds 600 of water charges (and some pounds 100 of general rates). Her housing benefit had otherwise discharged all rent due from her. The judge regarded the water charges as rent, but refused to order possession on the basis that, although they were due, it would not be reasonable, at least normally, to use a possession order as a sanction to enforce payment of water charges for water supplied by a privatised third party.
Held: Water rates paid on by council ‘touched and concerned’ land and were recoverable as rent.
Mance J said: ‘The position is thus that the Council had at all material times the power to enter into an agreement for the collection and recovery by the Council on behalf of the water authority or company of any water charges payable or fixed for the supply of water by the water authority or company, at least in the Council’s area. The Judge, after hearing evidence, was satisfied that the Council had entered into such an agreement, currently with Thames Water Utilities Limited, whereby the Council ‘undertook to collect money from each tenant’. He described the origins of the agreement as ‘lost in the mists of time’, but set out certain of its characteristics which are worth mention. The Council, consistently with the statutory language, claims and seeks to collect from its tenants the amounts fixed by the water company in respect of their particular properties. The discounted lump sum is arrived at by negotiation and is based on the total water charges for all relevant Council properties, less a discount to take account of unoccupied premises and the costs of collection. Presumably, although this is not stated, the discount also takes account of the risks of non-recovery, since it appears that the Council undertakes to pay the water company the discounted lump sum, irrespective of what it recovers from its tenants. We were told that the discounting means in practice, and is designed to mean, that the Council achieves for the benefit of its housing revenue account a surplus through collecting on behalf of Thames Water Utilities Limited more by way of water charges than the amount for which the Council actually has to account to that company. It is always open to an agent to contract on such a basis, and I see no objection in the present statutory context to the arrangement made between the Council and the water company. Any surplus accruing to the Council’s housing account (which has been ‘ring-fenced’ under the relevant legislation throughout the 1990s) ensures [sc ensures] to the benefit of all its tenants, since it enables the Council to keep rents down . . The effect of the agreement between the Council as landlord and Mrs Thomas as tenant has been at all times such as to entitle the Council to claim from her the water rate or charges which the Council has arranged with the water authority or company to collect’ and
‘In the present case, the water charges are due from the tenant as occupier of the demised premises and a user of water there. Although the water supplies are made by the water company to Mrs Thomas and the statutory framework envisages the collection of the water charges by the Council on behalf of the water authority or company, the practical effect of the agreements made (a) between the Council and the water company and (b) the Council and Mrs Thomas is that Mrs Thomas answers for the water charges to the Council while the Council takes care of them vis-s-vis the water company. It was explained to us that this system not only provides a potential surplus in the Council’s housing account, to the benefit of all tenants including Mrs Thomas, it also corresponds with the Council’s policy that tenants who are less well off and, in some cases perhaps, less capable of looking after their own affairs should be protected from the risk of having their basic utilities cut off, due to failure to meet relevant charges. Some housing associations have, we were told, made similar arrangements, and the Council itself has some similar arrangements in relation to the supply of electricity and gas. There may be council tenants who do not approve or appreciate the policy or the making of such arrangements for their benefit, but the legislation clearly empowers it and the Council is clearly entitled to adopt such a policy. Where it has done so and has implemented it in the way described for the benefit of itself and its tenants, the resulting obligation on a tenant to pay to the Council the water charges must in my view be regarded as touching and concerning the demised house, and as an ‘obligation of the tenancy’, even if it is not anyway rent.’

Kennedy LJ, Mance J
Times 31-Mar-1997, (1997) 30 HLR 89
England and Wales
Cited by:
CitedRochdale Borough Council v Dixon CA 20-Oct-2011
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Local Government, Utilities

Leading Case

Updated: 01 November 2021; Ref: scu.82907

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 the case brought by way of judicial review was brought out of time.
Held: The authority had sought out people to whom such support should have been given but had failed to find the deceased. However the claimant had initially failed to pursue the matter by way of judicial review, wrongly awaiting the outcome of a Local Government Ombudsman’s report, and time to claim should not be extended.

Grenfell S P
[2009] EWHC 3412 (Admin)
Bailii
Mental Health Act 1983 117
England and Wales
Citing:
CitedRegina v Education Committee of Blackpool Borough Council ex parte Taylor 1999
The court emphasised that a party considering challenging by way of a judicial review a local government decision should not first await the outcome of a reference to the Local Government Ombudsman, since he has no power to set aside the decision. . .
MentionedRegina v Richmond London Borough Council, Ex Parte Watson; Regina v Redcar and Cleveland Borough Council, Ex Parte Armstrong etc Admn 15-Oct-1999
. .
CitedRegina 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 . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health, Judicial Review

Updated: 31 October 2021; Ref: scu.384461

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’.’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Reed, Lord Carnwath, Lord Hughes
[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
Bailii, Bailii Summary, WLRD, SC Summary, SC
Commons Act 2006 15
England and Wales
Citing:
CitedHE 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 AdminBarkas, 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 . .
OverruledRegina 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 fromBarkas 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 . .
CitedHall 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 . .
CitedRegina 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 . .
CitedLewis, 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 . .
CitedGardner 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 . .
CitedDalton 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 . .
CitedLawrence 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 . .
CitedLambeth 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 . .
CitedMills and Another v Silver and others CA 1991
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 . .
CitedCumbernauld 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 . .
CitedCumbernauld 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 . .
ApprovedRegina 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:
CitedNewhaven 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 . .
CitedWinterburn 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 . .
CitedAdamson, 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.
Land, Local Government

Leading Case

Updated: 31 October 2021; Ref: scu.526192

Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law.
Held: The decision was one which did engage the applicant’s human rights. The officer was not an independent tribunal, but his decision was of the nature recognised in the jurisprudence as administrative, being areas of law considered regulatory and welfare schemes in which decision making was by custom delegated to administrative officers, and such decisions typically did not give rise to a right of appeal on the facts. The appeal on law was adequate.

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Millett, Lord Walker
[2003] UKHL 5, [2003] 1 All ER 739, Gazette 03-Apr-2003, [2003] 2 WLR 388, [2003] 2 AC 430, [2003] ACD 41, [2003] NPC 21, [2003] HRLR 16, [2003] HLR 32, [2003] UKHRR 419, [2003] BLGR 205, 14 BHRC 400, [2003] Hous LR 20
House of Lords, Bailii, Bailii
European Convention on Human Rights 6.1, Housing Act 1996 204, Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 (1996 No 3205, Allocation of Homelessness Functions (review Procedures) Regulations 1999 (1999 No 71)
England and Wales
Citing:
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
Appeal fromLondon Borough of Tower Hamlets v Runa Begum CA 6-Mar-2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
CitedLondon Borough of Newham v Adan CA 14-Dec-2001
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority . .
CitedKingsley v The United Kingdom (No 2) ECHR 28-May-2002
The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. . .
CitedThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
CitedKaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .

Cited by:
CitedDyson Limited v The Registrar of Trade Marks ChD 15-May-2003
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given . .
CitedLondon Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedIndependent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
CitedFeld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
CitedHall v London Borough of Wandsworth CA 17-Dec-2004
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been . .
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedCramp v Hastings Borough Council CA 29-Jul-2005
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. . .
CitedHammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
CitedMB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq.
Held: The section allowed the Secretary of State to impose any necessary conditions, but . .
CitedMalik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
CitedDesnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
CitedF v Birmingham City Council CA 2-Nov-2006
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had . .
CitedAli v Birmingham City Council CA 7-Nov-2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
CitedHeald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedG, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
CitedTomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
CitedCart, Regina (on The Application of) v The Upper Tribunal and Others CA 23-Jul-2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and . .
CitedBubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
CitedBubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
CitedKing, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Administrative, Local Government

Leading Case

Updated: 31 October 2021; Ref: scu.179047

Jarvis v Hampshire County Council: CA 23 Nov 1999

A child who did not receive sufficient education appropriate to his disability (dyslexia), did not acquire a right to claim in damages against the education authority. This applies both to claims of misfeasance in public office and in negligence. The authority owed him no direct duty of care. The claim of misfeasance implied dishonesty which would have to be clearly supported.
Times 23-Nov-1999, Gazette 17-Dec-1999
England and Wales
Citing:
Appealed toPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited by:
Appeal fromPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Updated: 23 October 2021; Ref: scu.82500

Akerman v London Borough of Richmond: Admn 27 Jan 2017

The claimant challenged a byelaw made by the respondent making it a criminal offence to moor a boat against specified land. It was said that the law was made for an improper purpose and was a disproportionate interference with right to private life.
Held: Appeal dismissed.
Beatson LJ, Nicol J
[2017] EWHC 84 (Admin), [2017] PTSR 351, [2017] WLR(D) 68
Bailii, WLRD
England and Wales

Updated: 30 September 2021; Ref: scu.573483

Onesearch Direct Holdings Ltd (T/A Onesearch Direct) v City of York Council: Admn 19 Mar 2010

The court considered the conditions under which the respondent authority replied to all enquiries as to properties within its area. The replies were given by a standardised all inclusive information sheet derived from a central database. The authority would not allow either access to the raw data, nor provide piecemeal responses. The claimant argued that the statutory background implied a duty to allow access to the raw data.
Held: While a court can interpret a statute merely authorising an authority to take an action as imposing a duty where a failure to act would frustrate the purpose of the Act, it was not as clear that a similar interpretation could be imposed to support a different statute. The background information to the 2004 Act clearly anticipated authorities allowing access to the raw data, preferring initially a voluntary approach. That preference undermined an interpretation imposing an obligation, and there was in fact no obligation imposed on the council to allow access to the raw data.
Hickinbottom J
[2010] EWHC 590 (Admin)
Bailii
Local Government Act 1972, Local Government Act 2000 2, Local Authorities (Charges for Land Searches) Regulations 1994 (SI 1994 No 1885) 2
England and Wales
Citing:
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
CitedThe Sussex Peerage Case 1844
Statements against penal interest are outside the common law exception of statements against interest. The oral confession of a deceased person was considered.
The court considered principles of statutory interpretation: ‘Acts should be . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 September 2021; Ref: scu.403378

Kleinwort Benson Ltd v Birmingham City Council: CA 20 May 1996

No defence of unjust enrichment was available to defend a claim on a failed interest rate swap agreement.
Times 20-May-1996, [1997] QB 380
England and Wales
Cited by:
Appeal fromKleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
CitedRevenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.82811

Westdeutsche Landesbank Girozentrale v Islington London Borough Council; Kleinwort Benson Ltd v Sandwell Borough Council: ChD 23 Feb 1993

A bank, having made payment under an void interest rate swap agreement to a local authority, was entitled to recover the payments made under the equitable doctrine of restitution. It would be wrong to allow the local authorities to enjoy an unjust enrichment. There had been no effective consideration given by the local authorities. ‘The application of the principle is subject to the requirement that the courts should not grant a remedy which amounts to the direct or indirect enforcement of a contract which the law requires to be treated as ineffective.’
Hobhouse J
Independent 25-Feb-1993, Times 23-Feb-1993, [1994] 4 All ER 890
England and Wales
Cited by:
Appeal fromWestdeutsche Landesbank Girozentrale v Islington London Borough Council CA 30-Dec-1993
A bank paid money to a local authority under an interest rate swap agreement, which was held later to be outside the local authority’s powers.
Held: The local authority was to repay the money paid to it for an ultra vires purpose (a swap . .
CitedYaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
CitedKleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
CitedAspect Contracts (Asbetos) Ltd v Higgins Construction Plc SC 17-Jun-2015
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.90409

Williams and Another v London Borough of Hackney: SC 18 Jul 2018

On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The parents were allowed to visit the children subject to an agreement. On the expiry of the initial section 20 72-hour period, the family’s solicitors requested their return. The children were only returned after 7 weeks and the family complained of infringement of their right to family life, saying that the agreement signed was uninformed consent. They now appealed from the CA who decided that section 20 did not require active parental consent.
Held: The appeal failed.
‘although it is not a breach of section 20 to keep a child in accommodation for a long period without bringing care proceedings, it may well be a breach of other duties under the Act and Regulations or unreasonable in public law terms to do so. In some cases there may also be breaches of the child’s or the parents’ rights under article 8 of ECHR.’
and ‘ there are circumstances in which a real and voluntary delegation of the exercise of parental responsibility is required for a local authority to accommodate a child under section 20, albeit not in every case (see para 40 above). Parents with parental responsibility always have a qualified right to object and an unqualified right to remove their children at will (subject to any court orders about where the child is to live). Section 20 gives local authorities no compulsory powers over parents or their children and must not be used in such a way as to give the impression that it does. It is obviously good practice in every case that parents should be given clear and accurate information, both orally and in writing, both as to their own rights and as to the responsibilities of the local authority, before a child is accommodated under section 20 or as soon as practicable thereafter.’
Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lady Black JJSC
[2018] UKSC 37, [2018] WLR(D) 454, [2018] 3 WLR 503, UKSC 2017/0037
Bailii, Bailii Summary, WLRD, SC, Bailii Summary, SC Summary Video, SC 14 Feb 2018 am Video, SC 14 Feb 2018 pm Video, SC 15 Feb 2018 am Video, SC 15 Feb 2018 pm Videos
Children Act 1989 20, Human Rights Act 1998 4, European Convention on Human Rights 8
England and Wales
Citing:
At CALondon Borough of Hackney v Williams and Another CA 26-Jan-2017
. .
At QBDWilliams and Another v London Borough of Hackney QBD 17-Sep-2015
Children had been removed from their parents under s20 of the 1989 Act, but then not returned after the expiry of the initial 72 hour period.
Held: The court dismissed the claims for negligence, misfeasance in public office and religious . .
CitedG, Regina (on the Application of) v Nottingham City Council Admn 1-Feb-2008
The respondent authority had removed the child from the mother at birth but without first obtaining any court authority. The court had made a peremptory order for the return of the child. The court explained its actions.
Held: Neither social . .
CitedRe N (Children : Adoption: Jurisdiction) CA 2-Nov-2015
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .
CitedIn re W (Children) CA 25-Jul-2014
Appeal against an order made after an agreement within the family that the children should live with the paternal grandmother.
Orse In re W (Parental Agreement with Local Authority)
The mother had placed her three children with their . .
CitedRe CA (A Baby) FD 30-Jul-2012
Orse Coventry City Council v C, B, CA and CH
This concerned the removal of a baby from her mother on the day of her birth, but the mother, having at first refused to do so, had given her consent to the baby being accommodated. The local . .
CitedRedcar and Cleveland Borough Council v Others (Re B) CA 30-Jul-2013
The court was asked as to local authority funding in relation to a child, K, who was born in November 2011.
Black LJ explained: ‘I raised the question during the appeal hearing as to whether a parent who is inadequate is in fact ‘willing and . .
CitedHerefordshire Council v AB FC 1-Feb-2018
. .
CitedMedway Council v M and T (By Her Children’s Guardian) FC 13-Oct-2015
A child (aged five) was placed in emergency foster care after his mother was detained in hospital under the Mental Health Act. The mother was then too unwell to discuss section 20. The local authority thought that there was no need to issue care . .
CitedIn re H (A Child – Breach of Convention Rights – Damages) FC 29-Oct-2014
A new born baby was placed with foster carers on discharge from hospital. Both parents had learning difficulties and agreed to the baby being placed with a particular couple. At that stage the local authority considered this an informal arrangement . .
CitedNorthamptonshire County Council v AS and Others FD 30-Jan-2015
The mother agreed to the accommodation of her two-week-old baby and care proceedings were issued nearly four months later. The local authority accepted that they had acted in breach of the rights of both mother and child under article 6 and 8, . .
CitedRe AS (Unlawful Removal of A Child) FC 7-Aug-2015
The case concerned a boy aged eight at the material time, both of whose parents had severe mental health problems. Very shortly after he had been returned to his mother’s care when she came out of hospital, she suffered a relapse and called an . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.620141

London Borough of Hackney v Williams and Another: CA 26 Jan 2017

Sir Brian Leveson P QBD, McFarlane, Burnett LJJ
[2017] EWCA Civ 26, [2017] 2 FLR 1216, [2017] WLR(D) 44, [2017] 3 WLR 59, [2019] AC 421, [2017] 2 FLR 1216
Bailii, WLRD
Children Act 1989 20
England and Wales
Citing:
Appeal fromWilliams and Another v London Borough of Hackney QBD 17-Sep-2015
Children had been removed from their parents under s20 of the 1989 Act, but then not returned after the expiry of the initial 72 hour period.
Held: The court dismissed the claims for negligence, misfeasance in public office and religious . .

Cited by:
At CAWilliams and Another v London Borough of Hackney SC 18-Jul-2018
On arrest for shoplifting a 12 year old said he had been doing so to get food, and that he had been hit with a belt by his father. Investigation revealed the home to be dangerous, and all eight children were removed to the care of the LA. The . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.573612

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

Local Authority may cease to provide any care of a particular class if alternative voluntary arrangements can be made available.
Gazette 06-Sep-1995, Times 29-Jun-1995
Community Care Act 1990 1, National Assistance Act 1948
England and Wales
Citing:
Appeal fromRegina v Wandsworth London Borough Council Ex Parte Beckwith QBD 21-Apr-1995
A Local Authority must maintain some facilities to provide each type of social care it was required to supply. . .

Cited by:
Appeal fromRegina v Wandsworth London Borough Council Ex Parte Beckwith HL 15-Dec-1995
The applicants had contended that Wandsworth was under a duty to maintain some accommodation for the elderly in premises under its own management.
Held: The applicants claim failed. Local Authorities may provide all care for elderly by outside . .

These lists may be incomplete.
Updated: 07 June 2021; Ref: scu.88247

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

The appellant developers had obtained detailed planning approval for fourteen houses, but after adjustments for a building line, moving several properties distances of several feet toward other properties, further plans were submitted without identifying the changes. The changes were discussed, and an approval noted by the developer’s architect. The development proceeded. A neighbour objected, and the officer recommended an application for approval of the amendment. The planning committee refused approval.
Held: The developer succeeded.
Lord Denning MR said that the case ‘should be decided on the practice proved in evidence. It was within the ostensible authority of Mr. Carpenter to tell Mr. Rottenberg that the variation was not material. Seeing that the developers acted on it by building the house, I do not think the Council can throw over what has been done by their officer, Mr Carpenter.’
Lord Denning MR, Sachs, Megaw LJJ
[1970] EWCA Civ 3, [1971] 1 QB 222, (1970) 21 P and CR 778, 68 LGR 757, [1970] 3 WLR 732, [1970] 3 All ER 496
Bailii
England and Wales
Citing:
CitedSouthend-on-Sea Corporation v Hodgson (Wickford) Ltd QBD 1961
The Corporation had, by its engineer, said that its permission for the use of land as a builder’s yard was not in fact and law required. It was mistaken in this view.
Held: What the engineer had said could not create an estoppel preventing the . .
CitedRoyal British Bank v Turquand CEC 1856
The plaintiff sought payment from the defendants, a joint stock Company, on a bond, signed by two directors, under the seal of the Company whereby the Company acknowledged themselves to be bound to the plaintiff in pounds 2,000. The company said . .
CitedWells v Minister of Housing and Local Government CA 1967
It had been the practice of planning authorities, acting through their officers, to tell applicants whether or not planning permission was necessary. A letter was written by the Council Engineer telling the applicants that no permission was . .

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

These lists may be incomplete.
Updated: 04 June 2021; Ref: scu.262773

Sheffield City Council v Ali: Admn 7 Jul 2005

The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him.
Held: The information requested was plainly within the scope of an officer to whom this task had been delegated, and the authority’s appeal succeeded.
[2005] EWHC 1613 (Admin)
Bailii
Local Government (Miscellaneous Provisions) Act 1976 57(3), Local Government Act 1972 101
England and Wales
Citing:
CitedRegina (on the Application of the Chief Constable of the West Midlands Police) v Birmingham Justices Admn 30-May-2002
The Chief Constable applied for anti-social behaviour orders, but the applications were made by his officers under purported delegated powers. The district judge rejected the applications saying that the power to make such an application could not . .
CitedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .

These lists may be incomplete.
Updated: 21 May 2021; Ref: scu.229310

Dover District Council v CPRE Kent: SC 6 Dec 2017

‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the common law? And what are the legal consequences of a breach of the duty?’
Held: The appeal failed. ‘Oakley was rightly decided, and consistent with the general law as established by the House of Lords in Doody. Although planning law is a creature of statute, the proper interpretation of the statute is underpinned by general principles, properly referred to as derived from the common law. Doody itself involved such an application of the common law principle of ‘fairness’ in a statutory context, in which the giving of reasons was seen as essential to allow effective supervision by the courts. Fairness provided the link between the common law duty to give reasons for an administrative decision, and the right of the individual affected to bring proceedings to challenge the legality of that decision.’
Lady Hale, President, Lord Wilson, Lord Carnwath, Lady Black, Lord Lloyd-Jones
[2017] UKSC 79, [2018] 2 All ER 121, [2017] WLR(D) 812, [2018] Env LR 17, [2018] JPL 653, [2018] 1 WLR 108, [2018] LLR 305, UKSC 2016/0188
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Video Summary, SC 2017 Oct 16 am Video, SC 2017 Oct 16 pm Video
Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004
England and Wales
Citing:
At First InstanceCampaign To Protect Rural England (CPRE), Regina (on The Application of) v Dover District Council Admn 16-Dec-2015
The planning authority granted permission for a substantial development against the advice of its officers. Judicial review was now sought of the process.
Held: The request was refused. . .
CitedSave Britain’s Heritage v Number 1 Poultry Ltd HL 28-Feb-1991
An order allowing demolition of a listed building was possible even though the building itself remained viable. The function of the courts was to validate the decision making process, not the merits of the decision.
Lord Bridge analysed the . .
CitedClarke Homes Ltd v Secretary of State for the Environment CA 1993
On a challenge as to the adequacy of the reasons given for a planning decision: ‘I hope I am not over-simplifying unduly by suggesting that the central issue in this case is whether the decision of the Secretary of State leaves room for genuine as . .
CitedWrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
CitedWall, Regina (on the Application of) v Brighton and Hove City Council Admn 2-Nov-2004
Application for judicial review, seeking an order quashing a grant of planning permission dated by the defendant for the demolition of an existing house and its replacement by eight self-contained apartments. The notice granting planning permission . .
CitedSuffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .
CitedMartin v Secretary of State for Communities and Local Government Admn 27-Nov-2015
There is an enforceable duty, said to arise ‘ . . either from the principles of procedural fairness . . or from the legitimate expectation generated by the Secretary of State’s long-established practice . . ‘ on decision makers to give a fully . .
CitedRe Poyser and Mills’ Arbitration 1963
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must . .
CitedWestminster City Council v Great Portland Estates plc HL 31-Oct-1984
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? . .
CitedSiraj, Regina (on The Application of) v Kirklees Metropolitan Council and Another CA 21-Oct-2010
A local planning authority’s summary reasons for granting permission do not present a full account of the local planning authority’s decision-making process. However, a fuller summary of the reasons for granting planning permission may well be . .
CitedHawksworth Securities Plc, Regina (on The Application of) v Ireef Queensgate Peterborough Propco Sarl and Others Admn 26-Jul-2016
Challenge to decision to allow redevelopment of part of shopping centre. Lang J made a general point about what she saw as the difference between a planning inspector conducting an ‘adversarial procedure, akin to court or tribunal proceedings’, . .
CitedRichardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
CitedCherkley Campaign Ltd, Regina (on The Application of) v Mole Valley District Council and Another CA 7-May-2014
. .
CitedHopkins Homes Ltd v Secretary of State for Communities and Local Government and Another Admn 30-Jan-2015
. .
CitedRegina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
CitedRegina v Universities Funding Council ex parte Institute of Dental Surgery QBD 30-Jul-1993
When considering whether a disciplinary board should have given reasons, the court may find the absence critical ‘where the decision appears aberrant’. ‘the giving of reasons may among other things concentrate the decision-maker’s mind on the right . .
CitedRegina v Aylesbury Vale District Council and Another; Ex Parte Chaplin and Others CA 19-Aug-1997
A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused. . .
CitedRegina v Mendip District Council ex parte Fabre 2000
The planning committee had accepted the officer’s recommendation: ‘ . . one is concerned with the members’ reasons not the planning officer’s, but where a planning officer makes a recommendation which is followed by the members, the reasonable . .
CitedBerkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
CitedOakley v South Cambridgeshire District Council and Another CA 15-Feb-2017
Appeal against rejection of challenge to grant of permission for development of football ground.
Held: A common law duty on an authority to give reasons did arise in the particular circumstances of that case: where the development would have a . .
CitedCampaign To Protect Rural England, Kent (CPRE), Regina (on The Application of) v Dover District Council CA 14-Sep-2016
Appeal against grant of permission to bring judicial review of a planning decision.
Held: The appeal was allowed, and the permission quashed. Laws LJ pointed to three particular factors as calling for clear reasons: the ‘pressing nature’ of . .
CitedWalton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
CitedSecretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .

These lists may be incomplete.
Updated: 12 May 2021; Ref: scu.599755

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

A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused.
Times 19-Aug-1997, [1997] EWCA Civ 2262, [1998] JPL 49, (1998) 76 P and CR 207, [1997] 3 PLR 55
Bailii
Town and Country Planning Act 1970 78
England and Wales
Citing:
Appeal fromRegina v Aylesbury Vale District Council and Another, Ex Parte Chaplin and Others QBD 23-Jul-1996
There was no common law duty to give reasons for a grant of permission after a refusal. . .

Cited by:
CitedHasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
hasan_sstiCA2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
CitedDover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .

These lists may be incomplete.
Updated: 11 May 2021; Ref: scu.86074

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

The claimant sought judicial review of the Defendant’s failure to assess her son’s needs for the purposes of providing accommodation and support under section 17 of the 1989 Act. While the case is specific to its particular facts, it raises the question of the extent to which the Defendant could rely upon the Secretary of State’s power to provide facilities for accommodation under section 4 of the 999 Act in deciding whether or not to carry out an assessment of need.
Robin Purchas QC
[2013] EWHC 691 (Admin)
Bailii
Children Act 1989 17, Immigration and Asylum Act 1999 4

Updated: 01 May 2021; Ref: scu.472074

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

A Local Authority involved in a boundary change has power to make a deal with a neighbouring authority over land.
Gazette 05-Mar-1997, Times 25-Feb-1997
Local Government Act 1972 68
England and Wales
Citing:
Appeal fromRegina v Secretary of State for the Environment Ex Parte Sutton London Borough Council QBD 14-Dec-1995
The Secretary of State may appoint an arbitrator to decide between local authorities on a land transfer dispute on a re-organisation of local government. . .

These lists may be incomplete.
Updated: 20 April 2021; Ref: scu.87807

Hunt v North Somerset Council: Admn 18 Jul 2012

The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the Council unlawfully failed to comply either with (i) its obligations under section 507B of the Education Act 1996 and the applicable statutory guidance, or (ii) its public sector equality duties under section 149 of the Equality Act 2010.
Held: The request for review was refused, the court rejecting each assertion.
Wyn Williams j
[2012] EWHC 1928 (Admin)
Bailii
Education Act 1996 507B, Equality Act 2010 149
England and Wales
Cited by:
Appeal fromHunt, Regina (on The Application of) v North Somerset Council CA 6-Nov-2013
Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported . .
At First InstanceHunt v North Somerset Council SC 22-Jul-2015
The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the . .
Appeal fromHunt, Regina (on The Application of) v North Somerset Council CA 21-Nov-2013
Reasons for costs order made on failure of the claimant’s applications.
Held: The respondent should be entitled to recover half of its costs of the appeal. Rimer LJ said that by the time that the appeal came on for hearing, it was far too late . .

These lists may be incomplete.
Updated: 15 April 2021; Ref: scu.462954

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

The person registered as the keeper is the person liable to pay a parking fine though the actual act of parking which gave rise to the fine was one carried out by the garage with whom the car had been left for repair.
Gazette 27-Nov-1996, Times 26-Nov-1996, [1996] EWCA Civ 869, [1998] RTR 51, [1997] COD 155
Bailii
Road Traffic Act 1991 66 Sch6
England and Wales

Updated: 15 April 2021; Ref: scu.87520

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

The court considered the powers of a local authority to impose conditions on the grant of a hackney carriage licence under section 37 of the 1847 Act, and the relationship between that statutory provision and section 47 of 1976 Act.
Foskett J
[2012] EWHC 1539 (Admin), [2013] PTSR 154
Bailii
Town Police Clauses Act 1847 37, Local Government (Miscellaneous Provisions) Act 1976 47
England and Wales

Updated: 11 April 2021; Ref: scu.459883

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

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages.
Held: The contention was rejected. Insurance for local authorities and police authorities against vicarious liability including for criminal liability and for exemplary damages is not unlawful. The words of the clause ‘all sums which the insured shall become legally liable to pay as compensation’ was not clear as to its extent, and was not to be limited to any claim for compensation as such. Exemplary damages went beyond pure compensation but were included. Nor was there any public policy against insuring for liability for criminal conduct.
Simon Brown LJ discussed the use of public policy as an aid to construction: ‘The only way in which public policy can properly be invoked in the construction of a contract is under the rule ut res magis valeat quam pereat: if the words are susceptible of two meanings, one of which would validate the particular clause or contract and the other render it void or ineffective, then the former interpretation should be applied even though it might otherwise, looking merely at the words and their context, be less appropriate.’ and
‘Although I accept Mr. Glasgow’s submission that the natural and ordinary meaning of ‘compensation’ in the context of a legal liability to pay damages is one which excludes any element of exemplary damages, I cannot accept that this meaning is wholly clear and unambiguous. On the contrary it involves very much a literal, lawyer’s understanding of the term and is one which would not command universal acceptance. Many, including no doubt most recipients, would regard compensation to mean instead all damages (of whatever character and however calculated) payable to the victim of a tort.’
Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe
Gazette 05-Jun-1996, Times 08-Apr-1996, [1997] QB 897, [1996] EWCA Civ 1345, [1996] 3 All ER 545, [1996] 3 WLR 493, [1996] CLC 1459
Bailii
England and Wales
Citing:
CitedAB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
CitedRiches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.
Cited by:
CitedBarrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
CitedBedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
CitedMulcaire v News Group Newspapers Ltd ChD 21-Dec-2011
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He . .
CitedJetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .

These lists may be incomplete.
Updated: 11 April 2021; Ref: scu.82914

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

A Local Authority may admit a minor in care to a mental hospital for assessment or treatment. Section 131 merely preserves or confirms the common law and previous law. Consent requires proof of conduct and a reasoning capacity.
Lloyd LJ
Ind Summary 12-Apr-1993, [1993] FLR 187
Mental Health Act 1983 131
England and Wales
Cited by:
CitedL v Bournewood Community and Mental Health NHS Trust Admn 9-Oct-1997
L was adult autistic. He had been admitted to mental hospital for fear of his self-harming behaviours, and detained informally. He complained that that detention was unlawful.
Held: The continued detention of a mental health patient who is . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.87087

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

Tendering procedures adopted by a Local Authority must not be framed to prefer their own company.
Times 20-Jan-1994
England and Wales
Citing:
Appeal fromRegina v Avon County Council, Ex Parte Terry Adams Ltd QBD 7-Jul-1993
A council has no duty to consider the interests of waste disposal contractors. . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.86071

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

A local authority was not liable in damages for breach of a statutory duty in Social Services. The policy which has first claim on the loyalty of the law is that wrongs should be remedied. The court would not go so far as to hold that the education authorities owed the plaintiffs a duty of care, it was equally not willing to say that the claims were ‘unarguable or almost incontestably bad’ and ‘If a plaintiff can show (1) that the adverse consequences of his congenital defect could have been mitigated by early diagnosis of the defect and appropriate treatment or educational provision; (2) that the adverse consequences of his congenital defect were not mitigated because early diagnosis was not made, or appropriate treatment not given or provision not made, with resulting detriment to his level of educational attainment and employability; and (3) that this damage is not too remote, I do not regard the claim for damage to be necessarily bad.’
Sir Thomas Bingham MR (dissenting): ‘It would require very potent considerations of public policy which do not in my view exist here, to override the rule of public policy which has first claim on the loyalty of the law: that wrongs should be remedied.’
Sir Thomas Bingham MR, Evans LJ
Independent 24-Feb-1994, Times 03-Mar-1994, [1995] 2 AC 633
England and Wales
Citing:
Appeal fromX (Minors) v Bedfordshire County Council QBD 24-Nov-1993
A local authority has no duty of care in negligence as to the education of children beyond its statutory obligations to children in its care. . .

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

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.83253

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

The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: ‘It is a creature of statute and is sui generis; if it is helpful to equate it to some more general right recognised by the courts I would prefer to describe it as analogous to a personal equity.’
Balcombe LJ
Independent 21-Apr-1993, [1994] 1 WLR 52, (1993) 25 HLR 534
Housing Act 1985 121 ff
England and Wales
Cited by:
CitedJohn Nethken Zionmor v Mayor and Burgesses of London Borough of Islington CA 10-Oct-1997
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.79145

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.’
Lord Upjohn, Viscount Dilhorne
[1965] AC 735
Caravan Sites and Control of Development Act 1960
England and Wales
Cited by:
CitedStewart 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 . .
CitedAberdeen 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. . .

These lists may be incomplete.
Updated: 20 March 2021; Ref: scu.195471

Armes v Nottinghamshire County Council: SC 18 Oct 2017

The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability?
Held: The appeal succeeded (Lord Hughes dissenting). The local authority was vicariously liable for the torts committed by the foster parents in this case. However, the proposition that a local authority is under a duty to ensure that reasonable care is taken for the safety of children in care, while they are in the care and control of foster parents, is too broad, and that the responsibility with which it fixes local authorities is too demanding.
Lady Hale, Lord Kerr, Lord Clarke, Lord Reed, Lord Hughes
[2017] UKSC 60, [2018] PIQR P4, [2017] PTSR 1382, [2018] AC 355, [2017] 3 WLR 1000, [2018] 1 FLR 329, (2017) 20 CCL Rep 417, [2018] 1 All ER 1, UKSC 2016/0004
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC Video 20170208 am, SC Video 20170208 pm, SC Video 20170209 pm, SC Video 20170209 am
Children and Young Persons Act 1969, Child Care Act 1980, Boarding-Out of Children Regulations 1955
England and Wales
Citing:
CitedCaparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
CitedKLB v British Columbia 2-Oct-2003
Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government . .
CitedThe Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
CitedWoodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Appeal fromNA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
At CANA v Nottinghamshire County Council CA 12-Nov-2015
Appeal against finding that a local authority was not responsible for the sexual abuse of the appellant whilst with foster carers as a child.
Held: As to whether the duty as non-delegable, such a duty must relate to a function which the local . .
Removal of AnonymityArmes v Nottinghamshire County Council QBD 15-Nov-2016
Application to set aside anonymity order granted in earlier proceedings alleging sexual abuse. . .
CitedNew South Wales v Lepore 6-Feb-2003
Austlii (High Court of Australia) 1. Appeal allowed in part
2. Paragraph 2 of the order of the Court of Appeal of New South Wales made on 23 April 2001 set aside, and in its place, order that the judgment . .
CitedCox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
CitedS v Walsall Metropolitan Borough Council CA 1985
The court was asked whether local authorities are vicariously liable for torts committed by foster parents against children placed with them while in care.
Held: The claim was rejected. The critical question was whether the foster parents were . .
CitedCarmarthenshire County Council v Lewis HL 17-Feb-1955
The House considered the unexplained fact that in the temporary absence of the teacher (who, on the evidence, was not negligent) it was possible for a child of four to wander from the school premises onto the highway, through a gate which was either . .
CitedPerry and Another v Harris (A Minor) CA 31-Jul-2008
The defendant had organised a children’s party. The claimant (11) was injured when a bigger boy was allowed to use the bouncy castle at the same time. The defendants appealed the award of damages.
Held: The appeal succeeded. The relevant . .
CitedMorris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
CitedPort Swettenham Authority v T W Wu and Co (M) Sdn Bhd PC 19-Jun-1978
A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a . .
CitedMyton v Woods CA 1980
A claim was made against a local education authority for the negligence of a taxi firm employed by the authority to drive children to and from school.
Held: The claim failed. The authority had no statutory duty to transport children, but only . .
CitedSurtees v Royal Borough of Kingston upon Thames CA 27-Mar-1991
Because children can injure themselves in so many ways, someone caring for them is not universally liable for injury to a child in their care.
A duty owed in respect of a parent’s own child may be lower. . .
CitedJGE v The English Province of Our Lady of Charity and Another QBD 8-Nov-2011
The court was asked as a preliminary issue who should be the defendant where a claim was made of rape and other assaults by a priest who was a member of the diocese of the second defendant, but employed by the first defendant school. . .
CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
CitedLister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .

These lists may be incomplete.
Updated: 15 March 2021; Ref: scu.597257

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

Information rights – Environmental information – general -‘ the Commissioner’s determination that all of the information requested must be made available by the Appellant to the Second Respondent for examination in situ without charge, and that the Appellant was in breach of its duties under the Regulations in declining to do so, was correct and is confirmed. For the avoidance of doubt, this only requires the Appellant to make available for examination information held by it, whether electronically or in physical form, from which a set of answers to the standard enquiries on form Con29R in relation to the property can be derived. It does not require the Appellant to conduct any more refined evaluation of any such information or its actual relevance (if any) to any such enquiry, or to provide any information in the form of actual or putative answers to the enquiries themselves. Nor does it require the disclosure of any personal data contrary to Regulation 13.’
[2011] UKUT 104 (AAC), [2011] AACR 44
Bailii
Environmental Information Regulations 2004, Local Land Charges Act 1975 3
England and Wales

Updated: 07 March 2021; Ref: scu.433518

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

Appeal against a decision refusing an application by the council to declare unlawful a decision of the the respondents to move SL from residential accommodation provided by the National Society for Epilepsy into other accommodation.
Held: The appeal failed: ‘The context here is an assessment under s.47 in which . . the duty is owed to SL to carry out a proper assessment of her needs. Nothing in that context requires BCC to be consulted before a care plan can be put into place. The obligation of a local authority to provide for those in need of care and attention due to age, illness or disability who are ordinary resident in their area is long-standing and is now established in s.21 of the 1948 Act. The 1990 Act did not alter this. Consequently BCC assumed responsibility for SL when she moved to private accommodation in their area and could have carried out their own s.47 assessment to resolve any issues between them and the LHA. This and the other factors . . point in my view decisively against the implication of the legal duty which is contended for.’
Pill, Patten, Munby LJJ
[2011] EWCA Civ 457, [2011] ACD 83, [2011] Fam Law 814, (2011) 14 CCL Rep 426, [2012] PTSR 854,
Bailii
England and Wales

Updated: 07 March 2021; Ref: scu.432834

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

The court was asked when and how it is proper for a local authority to make disclosure to someone’s commercial contacts of the fact that he is a convicted sex offender.
Held: Where human rights are involved, the appropriate standard of review which the court must adopt is not the Wednesbury test of irrationality but the more intense Daly standard.
[2011] EWCA Civ 403
Bailii
England and Wales
Cited by:
CitedE and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .

These lists may be incomplete.
Updated: 07 March 2021; Ref: scu.432813

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

The court heard an application by the claimant, by his mother and litigation friend, for judicial review of a decision of the defendant council relating to the review of a policy for providing respite care styled Fair Access to Short Breaks to Carers.
Purle QC J
[2010] EWHC 3754 (Admin)
Bailii
England and Wales

Updated: 07 March 2021; Ref: scu.431944

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

The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care.
Held: The question for the court was whether in carrying out its assessment the Defendant had taken a lawful approach in, and by applying, its criteria, and whether it did not apply the primary health need approach. The criteria used were flawed as alleged.
Charles J
[2006] EWHC 44 (Admin), [2006] LGR 491
Bailii
National Health Service Act 1977 17
England and Wales
Citing:
CitedRegina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
CitedRegina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .

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

These lists may be incomplete.
Updated: 05 March 2021; Ref: scu.238156

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

The court considered a claim for judicial review based on an allegation that the local authority was failing in its duty towards a child suffering cystic fibrosis, in not providing a ttreatment room for her in her own home.
Held: The court emphasised the eed for a claimant seeking judicial review to provide clear grounds for the request.
Langstaff J
[2010] EWHC 3324 (Admin)
Bailii
England and Wales
Cited by:
CitedHinds, Regina (on The Application of) v Blackpool Council Admn 17-Mar-2011
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. . .

These lists may be incomplete.
Updated: 03 March 2021; Ref: scu.427280

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

The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system.
Held: The claim succeeded. The council’s Licensing Sub-Committee had failed to determine any yearly fee after 7 September 2004 (when it determined the fee for the year ended 31 January 2005 and no more) until 5 January 2012 (when it determined the fee for the year ended 31 January 2013). All that had happened in the intervening years was that the council’s officers had simply assumed that the same fee as set on 7 September 2004 continued to apply and had charged licence applicants accordingly.
Keith J
[2012] EWHC 1260 (Admin), [2012] PTSR 1676
Bailii
Local Government (Miscellaneous Provisions) Act 1982, Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market
England and Wales
Citing:
CitedRegina 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 . .
CitedRegina v Westminster City Council, ex parte Hutton 1985
H challenged the fee set for applying for a livence to operate a sex shop. The administrative costs on which the fee was based in the year in question included a sum representing the supposed shortfall in fee income against administrative costs in . .
CitedRegina 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 . .
CitedWaikato Regional Airport Ltd and others v Attorney General PC 30-Jun-2003
PC New Zealand . .

Cited by:
Appeal fromHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .
At First InstanceHemming (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 . .

These lists may be incomplete.
Updated: 25 February 2021; Ref: scu.457760

Wilson v Ashford Borough Council: Admn 9 Mar 2010

The defendant appealed against an order for costs made against her after service and enforcement of an abatement notice with respect to an audible intruder alarm at her premises. She had first lodged an appeal to the Crown Court, but argued that having abandoned it more than three days before the hearing it had been wrong to make the costs order.
Held: The appeal failed. The Crown Court rule providing agaoinst the making of a costs order where the appeal was abandoned was subject expressly to the power givenn to the Magistrates under section 109. ‘The Magistrates were bound to consider the application for costs under section 109 on its merits and in my judgment were right to reject the submission that legitimate expectation or abuse of process should have caused them to reject the application in limine.’
Leveson LJ, Cranston J
[2010] EWHC 639 (Admin)
Bailii
Environmental Protection Act 1990, Magistrates’ Courts Act 1980 109, Crown Court Rules 11 12
England and Wales
Citing:
CitedRegina v Crown Court at Knightsbridge ex parte Commission of Custom and Excise QBD 1986
The defendant had appealed against his conviction to the Crown Court, but then given notice under rule 11 of his abandonment of the appeal. A few months later a Crown Court judge allowed an application for its re-instatement.
Held: The appeal . .

These lists may be incomplete.
Updated: 24 February 2021; Ref: scu.408635

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

Renewed application for permission to appeal against the refusal to grant permission to the applicant, MT, to apply for judicial review of a decision made by the London Borough of Hillingdon.
Rimer LJ
[2010] EWCA Civ 35
Bailii
England and Wales

Updated: 22 February 2021; Ref: scu.396705

Miles v Wakefield Metropolitan District Council: HL 1987

The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he would not be required to attend for work and would not be paid. The refusal to conduct marriages on the Saturday was met with deduction of 3/37ths of his weekly salary. He sued for payment of the sums withheld sum compliance with that instruction.
Held: His position was akin to an employee even if he was not strictly such but rather an office holder. His right to be paid depended upon his doing the work he was employed to do.
The deductions were proper. The salary payable under a contract of employment is part of the mutual obligations it contains as between the parties. An employee could expect payment if he or she worked in accord with the contract. Failure to work normally was fatal to an employee’s claim to enforce a right to his/her salary.
Boston -v- Ansell was authority for saying: ‘An employee, for instance, who is rightly dismissed from his employment can recover salary which has become due and payable at the date of his dismissal but cannot recover sums becoming due and payable at some later date and on the condition that he has performed his contractual duties down to that date.’
Lord Templeman said: ‘It is unusual for the holder of an office to take industrial action and the consequences will depend on the rights and obligations conferred and imposed on the office-holder by the terms of his appointment. But if an ambassador and the embassy porter were both on strike then I would expect both to be liable to lose or both to be entitled to claim their apportioned remuneration attributable to the period of the strike. A judge and an usher on strike should arguably be treated in the same manner. The ambassador might be required to decode a declaration of war on Sunday, and a judge might devote his Christmas holidays to the elucidation of legal problems arising from industrial action, so that it would be necessary to divide their annual salaries by 365 to define a daily rate applicable to the period of strike, whereas the weekly, daily or hourly wages of the porter and the usher provide a different basis for apportionment, . . ‘
Lord Oliver of Aylmerton, Lord Templeman
[1987] ICR 368, [1987] 2 WLR 795, [1987] 1 AC 539, [1987] UKHL 15, [1987] IRLR 193, [1987] 1 All ER 1089, [1987] 1 FTLR 533
Bailii
England and Wales
Citing:
CitedBoston Deep Sea Fishing and Ice Co v Ansell CA 1888
An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud.
Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract . .

Cited by:
CitedLeonard Batty v BSB Holdings (Cudworth) Ltd CA 24-May-2002
The employee was former managing director employed as consultant on a fixed term contract. After differences with the new management, he was off work with stress. The company sought to suspend him. He claimed that the company had repudiated the . .
CitedFassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd CA 30-Sep-2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company.
Held: A company . .
CitedPercy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
CitedSG and R Valuation Service Co v Boudrais and others QBD 12-May-2008
The claimant sought to require the defendants not to work during their notice period to achieve the equivalent of garden leave despite there being no provision for garden leave in the contracts. It was said that the defendants had conspired together . .
CitedBuckland v Bournemouth University Higher Education Corporation CA 24-Feb-2010
The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed . .
CitedSociete Generale, London Branch v Geys SC 19-Dec-2012
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form . .
CitedSpackman v London Metropolitan University Misc 13-Jul-2007
Shoreditch County Court – claim brought by an employee against her employer arising from non-payment of part of her salary. Normally such a claim would be made under the statutory jurisdiction of an Employment Tribunal. But it is agreed that access . .
CitedHartley and Others v King Edward VI College SC 24-May-2017
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual . .

These lists may be incomplete.
Updated: 20 February 2021; Ref: scu.182993

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

The court considered the unresolved question as to the statutory power of a harbour authority to distrain for non-payment of mooring charges in respect of a private yacht.
Lightman J
[1998] EWHC 2005 (QB), [1999] QB 1119, [1999] 2 WLR 489, [1998] 2 Lloyd’s Rep 675
Bailii

Updated: 19 February 2021; Ref: scu.375088

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

Local authorities in Denmark sought to recover sums paid to the defendant banks for swap trading, saying that the payments had been outwith their powers.
Tomlinson J
[2009] EWHC 2227 (Comm)
Bailii
England and Wales
Citing:
CitedWestdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
CitedGuinness Mahon and Co Ltd v Kensington and Chelsea London Borough Council CA 2-Mar-1998
Where a local authority entered into a loan agreement outside its powers, the agreement was void ab initio, not merely voidable, and all moneys paid could be reclaimed. . .
CitedKleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
CitedDeutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
CitedLipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
CitedNIRU Battery Manufacturing Company and Another v Milestone Trading Ltd and others ComC 8-May-2003
There was a contract for the sale of lead ingots. The sale was supported by letters of credit but inaccurate certificates were issued to release payment. The parties sought now to amend the contributions in the light of the Royal Brompton Hospital . .
CitedGoss and others v Laurence George Chilcott As Liquidator of Central Acceptance Limited (In Liquidation) PC 23-May-1996
(New Zealand) Mr and Mrs Goss, had been granted a loan by the claimant finance company under a mortgage instrument that had been avoided by the claimant because it had been fraudulently altered by Mr Haddon, an employee of the claimant, without the . .

Cited by:
Appeal FromHaugesund Kommune and Another v Depfa Acs Bank CA 27-May-2010
. .

These lists may be incomplete.
Updated: 19 February 2021; Ref: scu.374385