Tag: Local Government

Mixnams Properties Ltd v Chertsey Urban District Council: HL 1965

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

Judges:

Lord Upjohn, Viscount Dilhorne

Citations:

[1965] AC 735

Statutes:

Caravan Sites and Control of Development Act 1960

Jurisdiction:

England and Wales

Cited by:

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

Contract, Local Government, Licensing

Updated: 09 May 2022; Ref: scu.195471

Islington London Borough Council v Dornan: CA 4 Nov 2005

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

Judges:

Buxton LJ, Sedley LJ, Jonathan Parker Lj

Citations:

Times 08-Nov-2005

Statutes:

Housing Act 1985 159

Jurisdiction:

England and Wales

Local Government

Updated: 07 May 2022; Ref: scu.235768

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

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

Judges:

Dame Elizabeth Butler-Sloss P

Citations:

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

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

England and Wales

Citing:

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

Cited by:

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

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

Updated: 05 May 2022; Ref: scu.188626

Allchin v Coulthard: CA 1942

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

Judges:

Lord Greene MR

Citations:

[1942] 2 KB 228

Cited by:

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

Local Government

Updated: 04 May 2022; Ref: scu.441624

The King v Sherman: 1685

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

Citations:

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

Links:

Commonlii

Jurisdiction:

England and Wales

Local Government

Updated: 02 May 2022; Ref: scu.400399

Regina v Hammersmith and Fulham LBC ex part D: 1999

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

Judges:

Kay J

Citations:

[1999] 1 FLR 642

Jurisdiction:

England and Wales

Cited by:

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

Local Government, Children, Immigration

Updated: 29 April 2022; Ref: scu.196548

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

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

Judges:

Mr Jack Beatson, QC

Citations:

Times 15-Nov-2001

Statutes:

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

Jurisdiction:

England and Wales

Citing:

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

Housing, Local Government

Updated: 28 April 2022; Ref: scu.166809

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

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

Judges:

Mr Justice Laws

Citations:

[1997] EWHC Admin 566

Jurisdiction:

England and Wales

Citing:

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

Local Government, Taxes – Other, Magistrates, Costs

Updated: 28 April 2022; Ref: scu.137511

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

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

Citations:

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

Statutes:

Council Tax (Chargeable Dwellings) Order 1992 549

Jurisdiction:

England and Wales

Local Government, Rating

Updated: 28 April 2022; Ref: scu.88833

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

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

Judges:

Latham J

Citations:

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

Links:

Bailii

Statutes:

Housing Act 1996 Part VI

Jurisdiction:

England and Wales

Housing, Local Government

Updated: 28 April 2022; Ref: scu.88705

Attorney General v London County Council: HL 19 Mar 1907

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

Judges:

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

Citations:

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

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Income Tax, Local Government

Updated: 27 April 2022; Ref: scu.622277

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

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

Judges:

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

Citations:

[1908] UKHL 337

Links:

Bailii

Jurisdiction:

Scotland

Local Government, Utilities

Updated: 26 April 2022; Ref: scu.621495

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

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

Citations:

[2018] EWHC 1996 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Housing, European, Local Government, Licensing

Updated: 26 April 2022; Ref: scu.621440

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

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

Judges:

Lords Macnaghten, Robertson, and Lindley

Citations:

[1905] UKHL 573, 43 SLR 573

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621199

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

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

Judges:

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

Citations:

[1905] UKHL 560, 43 SLR 560

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621184

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

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

Judges:

Andrew Henshaw QC

Citations:

[2018] EWHC 2180 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621164

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

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

Citations:

[2018] EWHC 2178 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.621166

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

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

Judges:

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

Citations:

[1914] UKHL 138, 52 SLR 138

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.620733

Bradford Corporation v Myers: HL 12 Nov 1915

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

Judges:

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

Citations:

[1915] UKHL 776, 53 SLR 776

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 26 April 2022; Ref: scu.620701

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

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

Judges:

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

Citations:

[1915] UKHL 335, 52 SLR 335

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 26 April 2022; Ref: scu.620676

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

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

Judges:

Langstaff J

Citations:

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

Links:

Bailii

Statutes:

Parliament and Council Directive 2011/36/EU

Jurisdiction:

England and Wales

European, Local Government, Housing

Updated: 25 April 2022; Ref: scu.620077

Glasgow Corporation Order: HL 26 Mar 1912

This Order was promoted by the Corporation of Glasgow for a number of purposes. Its main objects were to get powers with regard to (1) tramways, (2) city improvements, (3) supply of gas, (4) amendment of the Glasgow Police Acts as to traffic, advertising, and trading in the streets, and (5) varying the incidence of assessment for parks and statute labour purposes, which had formerly been borne by occupiers only, and was now proposed to be imposed on owners and occupiers equally.
The Order was opposed, as regards the extension of the Corporation’s limits of gas supply, by the Busby and District Gas Company, and as to certain police provisions and change in the incidence of assessment, by various associations, firms, and individuals.
Small portions of the new tramway lines authorised by the Order were situated outside the city, and, in conformity with General Order 130, a clause was inserted in the Order providing that section 43 of the Tramways Act 1870 should apply to these tramways. That section provides that where tramways are constructed within the district of another local authority, that authority shall have right to purchase such tramways at a certain future time.
It was represented by the promoters that the local authorities concerned had no objection to the Corporation acquiring a permanent right to these portions of tramway, and that such an arrangement was in accordance with prior local legislation affecting the Glasgow tramway system. They accordingly moved the Commissioners to recommend that the clause in question should be struck out of the Order before its final confirmation by Parliament. The Commissioners were satisfied that such a recommendation should be made, and reported to that effect.
The Commissioners deleted from the Order certain provisions in excess of the general law relating to the prohibition and regulation of street trading, and they allowed a clause giving certain powers of control over vehicles or boards carried in the streets for advertising purposes.
After evidence had been led for the promoters and for various objectors to the Order, the Commissioners held the preamble proved, subject to the adjustment of certain clauses.

Judges:

The Earl of Cathcart, Lord Saye and Sele, Sir John Dewar, Bart., M.P. (Chairman), and Sir William Robertson

Citations:

[1912] UKHL 1054

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 25 April 2022; Ref: scu.619237

Murphy v The King: HL 12 May 1911

A person who was in fact below seventy years of age was awarded an old age pension by a local pension committee; no appeal against the award was brought in the manner prescribed by the Act. The pension officer afterwards obtained new information as to the pensioner’s age, and he then raised a ‘question,’ in the manner provided by the Act, to the effect that the pensioner was not of the statutory age and was therefore not entitled to a pension. The local pension committee decided to continue the pension. The pension officer appealed in terms of the Act to the Local Government Board (the central pension authority), which deprived the pensioner of the pension.
Held that the Local Government Board had jurisdiction to declare the pensioner disentitled to the pension notwithstanding section 7 (2) which provides that ‘the decision of the local pension committee on any claim or question which is not referred to the central pension authority . . shall be final and conclusive.’

Judges:

Lord Chancellor (Loreburn), Lords Ashbourne, Alverstone, C.J., Atkinson, and Shaw

Citations:

[1911] UKHL 622, 49 SLR 622

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 25 April 2022; Ref: scu.619195

Dulgheriu and Another v The London Borough of Ealing: Admn 2 Jul 2018

Pro-Life protesters sought the setting aside of a Public Spaces Protection Order which restricted their ability to protest outside an abortion centre.
Held: Having reviewed the Order, the challenge was rejected.

Citations:

[2018] EWHC 1667 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 24 April 2022; Ref: scu.619003

Harvey, Regina (on The Application of) v Ledbury Town Council and Another: Admn 15 May 2018

The claimant local councillor sought judicial review of a decision to restrict her conduct at the Council. She had been accused of bullying in her dealing with officials and other councillors.
Held: The claim succeeded. The Council had failed to conduct the investigation in the manner required. The court identified several elements of the necessary procedures.

Judges:

Cockerill J

Citations:

[2018] EWHC 1151 (Admin)

Links:

Bailii

Statutes:

Local Government Act 1972 111, Localism Act 2011 27(1)

Jurisdiction:

England and Wales

Local Government

Updated: 23 April 2022; Ref: scu.618106

Wolverhampton Council, Regina (on The Application of) v South Worcestershire Clinical Commissioning Group Shropshire: Admn 26 Mar 2018

Three public authorities disputed who was to be responsible for the payment of the costs of care and treatment of a patient with substantial care needs.

Judges:

Garnham J

Citations:

[2018] EWHC 1136 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Health Professions

Updated: 23 April 2022; Ref: scu.618100

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, . . ‘

Judges:

Lord Oliver of Aylmerton, Lord Templeman

Citations:

[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

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Boston 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:

Cited – Leonard 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 . .
Cited – Fassihim, 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 . .
Cited – Percy 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 . .
Cited – SG 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 . .
Cited – Buckland 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 . .
Cited – Societe 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 . .
Cited – Spackman 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 . .
Cited – Hartley 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 . .
Cited – Gilham v Ministry of Justice SC 16-Oct-2019
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights.
Lists of cited by and citing cases may be incomplete.

Employment, Local Government

Updated: 21 April 2022; Ref: scu.182993

Muir, Regina (on The Application of) v Smart Pre-Schools Ltd: CA 9 May 2018

Whether the authority had vires to grant a particular lease.

Citations:

[2018] EWCA Civ 1035

Links:

Bailii

Statutes:

Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967

Jurisdiction:

England and Wales

Local Government, Land

Updated: 20 April 2022; Ref: scu.614923

Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties which existed at common law in bringing civil proceedings in aid of public law. However the court should be slow to grant powers which risked the infringer in sanctions more onerous than the penalty imposed for the offence. S.222(1) confers on a local authority power to institute and maintain proceedings to enforce obedience to the criminal law within their district, being a power additional to the power at common law enabling the Attorney-General to proceed in such matters either ex officio or by relator action.

Judges:

Lord Templeman

Citations:

[1984] 1 AC 754

Statutes:

Local Government Act 1972 222(1), Shops Act 1950 47 71(1)

Jurisdiction:

England and Wales

Citing:

Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .

Cited by:

Cited – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any . .
Cited – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Cited – Guildford Borough Council v Hein CA 27-Jul-2005
The council sought an injunction under the section against the defendant to restrain her from keeping dogs on her premises for animal welfare purposes.
Held: The defendant’s appeal was allowed in part. There had to be shown something more than . .
Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city . .
Cited – Hall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 12 April 2022; Ref: scu.186523

Windsor and Maidenhead Royal Borough Council v Khan (Trading as Top Cabs): QBD 7 May 1993

A cabbie was not operating outside the district of the local authority in which he was licensed to operate, just by advertising outside that district.

Citations:

Times 07-May-1993

Statutes:

Local Government Miscellaneous Provisions Act 1976 55

Jurisdiction:

England and Wales

Local Government, Licensing, Transport

Updated: 10 April 2022; Ref: scu.90565

Regina v Bolsover District Council, ex parte Pepper: QBD 15 Nov 2000

If a decision by a local council to sell land was not automatically a public law decision susceptible to judicial review, then neither was a decision not to sell land. Such a decision by a local authority was by nature one of private law unless there existed some circumstance which brought in a specific public law element. In making the decision, the council was not performing a public function.

Citations:

Times 15-Nov-2000

Local Government, Judicial Review

Updated: 10 April 2022; Ref: scu.88388

Regina v Wandsworth London Borough Council Ex Parte Beckwith: HL 15 Dec 1995

The applicants had contended that Wandsworth was under a duty to maintain some accommodation for the elderly in premises under its own management.
Held: The applicants claim failed. Local Authorities may provide all care for elderly by outside agencies, not needing to provide their own homes and services. Courts determine what is the law, whether based on statute or common law and Parliament may change the law if that is desired.
Lord Hoffman: ‘the draftsman is therefore not saying that homes in the private sector may be included in the collective of homes which the council has to provide. He is saying that the concept of ‘arrangements’ which has been used to define the council’s duty in Section 21 is to include arrangements within the private sector. This produces an altogether different result: it extends the meaning of the concept by which the council’s duty is defined. Any arrangements which fall within the extended definition will satisfy the council’s duty.’ As to a local authority circular which said: ‘It is the view of the Department that the amendments introduced into the Act of 1948 by section 1 of the Community Care (Residential Accommodation) Act 1992 will require authorities to make some provision for residential care under Part 111 of the Act of 1948.’, Lord Hoffmann said: ‘The opinion of the Department is entitled to respect, particularly since I assume that the Act was drafted on its instructions. But in my view this statement is simply wrong.’

Judges:

Lord Hoffman

Citations:

Gazette 17-Jan-1996, Independent 21-Dec-1995, Times 15-Dec-1995, [1996] 1 WLR 60

Statutes:

National Health Service Act 1948 21 26

Citing:

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

Cited by:

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

Local Government

Updated: 10 April 2022; Ref: scu.88245

Regina v Lincolnshire County Council Ex Parte Atkinson; Regina v Wealden District Council Ex Parte Wales and Others: QBD 3 Oct 1995

A local Authority must make proper welfare enquiries before seeking to remove unlawful campers. The new draconic legislation must be seen in its context. The commons of England provided lawful stopping places for people whose way of life was or had become nomadic. Enough common land survived enclosure to make this way of life still sustainable, but by the 1960 Act, local authorities were given power to close the commons to travellers. This they did with great energy, but made no use of the concomitant power given to them by s24 to open caravan sites to compensate for the closure of the commons. By the 1968 Act, Parliament legislated to make the s24 power a duty, resting in rural areas upon county councils rather than district councils (although the latter continued to possess the power to open sites). For the next quarter of a century there followed a history of non-compliance with the duties imposed by the Act of 1968, marked by a series of decisions of this court holding local authorities to be in breach of their statutory duty, to apparently little practical effect. The default powers vested in central government, to which the court was required to defer, were rarely if ever used. Sedley J: ‘Those considerations in the material paragraphs (of the Circular [on Gypsy Site Policy]) which are not statutory are considerations of common humanity, none of which can be properly ignored when dealing with one of the most fundamental human needs, the need for shelter with at least a modicum of security.’

Judges:

Sedley J

Citations:

Independent 03-Oct-1995, (1995) 8 Admin LR 529, [1997] JPL 65

Statutes:

Criminal Justice and Public Order Act 1994 77 78 79, Caravan Sites and Control of Development Act 1960 23, Caravan Sites Act 1968

Cited by:

Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Regina v Kerrier District Council, ex parte Uzell Blythe and Sons 1996
The court referred to the decision of Sedley J in Atkinson adding: ‘As consideration of common humanity, they had to be equally applicable to decisions in relation to enforcement actions.’ . .
Cited – JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council Admn 11-Apr-2006
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and . .
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Planning

Updated: 09 April 2022; Ref: scu.87186

Regina v Local Government Commission for England and Another, ex parte Cleveland Cc: QBD 4 Jul 1994

The Boundary Commission may amend a re-organisation plan after its approval by the Secretary of State.
Where boundaries had been approved by the Secretary of State there can still be later amendments.

Citations:

Ind Summary 08-Aug-1994, Times 04-Jul-1994

Statutes:

Local Government Act 1992 s17

Local Government, Local Government

Updated: 09 April 2022; Ref: scu.87206

Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

A Local Authority may not take its own financial constraints into account when assessing what was an appropriate education for a child in special needs case. It was wrong to try to turn a statutory duty into a power or a discretion. Ordinarily cost, where relevant, will be a matter to be taken into account by a local authority when considering its response to an assessed need rather than at the stage of assessment. It is desirable to keep these two stages separate. Neither the cost of providing accommodation nor the availability of resources have any bearing on what is or is not reasonably practicable as to permit this would downgrade the duty into a discretionary power.

Judges:

Lord Browne-Wilkinson

Citations:

Times 21-May-1998, Gazette 01-Jul-1998, Gazette 17-Jun-1998, [1998] AC 714

Statutes:

Education Act 1996 19(1)

Citing:

Appeal from – Regina v East Sussex County Council ex parte Tandy CA 31-Jul-1997
A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm. . .

Cited by:

Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 09 April 2022; Ref: scu.86613

Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson: CA 22 Feb 1993

A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to be considered. Considering legitimate expectations: ‘Sometimes the phrase is used to denote a substantive right: an entitlement that the claimant asserts cannot be denied him . . various authorities show that the claimants right will only be found established when there is a clear and unambiguous representation upon which it was reasonable for him to rely. Then the administrator or other public body will be held bound in fairness by the representation made unless only its promise or undertaking as to how its power would be exercised is inconsistent with the statutory duties imposed upon it. The doctrine employed in this sense is akin to an estoppel. In so far as the public body’s representation is communicated by way of a stated policy, this type of legitimate expectation falls into two distinct sub categories: cases in which the authority are held entitled to change their policy even so as to effect the claimant, and those in which they are not.’

Judges:

Simon Brown LJ

Citations:

Ind Summary 22-Feb-1993, [1995] 1 All ER 73

Jurisdiction:

England and Wales

Cited by:

Approved – Cowl and others v Plymouth City Council Admn 14-Sep-2001
The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina on Application of Dinev and Others v Westminster City Council Admn 24-Oct-2000
Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure . .
Applied – Regina v London Borough of Islington ex parte East Admn 1996
The court considered the obligation on an authority to consult: ‘.. the precise demands of consultation .. there according to the circumstances .. The extent and method of consultation must depend on the circumstances. Underlying what is required . .
Cited – Watch Tower Bible and Tract Society of Britain v Charity Commission Admn 12-Dec-2014
The respondent had instigated a statutory inquiry under the 2011 Act into the claimant’s child safeguarding practices, and policies after compaints made to it. The Society now sought judicial review of that decision, and to production orders made to . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 09 April 2022; Ref: scu.86536

Regina v Bradford Metropolitan Borough Council Ex parte Sikander Ali: QBD 21 Oct 1993

A Local Authority may use traditional school catchment areas as a basis for admissions policies for initial allocation of schools, without this being racially discriminatory. They are a valid basis of choice, despite supervening population shifts.

Citations:

Ind Summary 22-Nov-1993, Gazette 03-Nov-1993, Times 21-Oct-1993

Discrimination, Education, Local Government

Updated: 09 April 2022; Ref: scu.86183

Regina v Barnet London Borough Council Ex Parte B and Others: QBD 17 Nov 1993

A Local Authority has to balance its duties to provide nurseries against financial constraints. The section sets out duties of a general character which are intended to be for the benefit of children in need in the local social services authority’s area in general. The other duties and the specific duties which then follow must be performed in each individual case by reference to the general duties which the section sets out. The subsection sets out the duties owed to a section of the public in general by which the authority must be guided in the performance of those other duties. The guidance issued under section 7 of the Local Authority Services Act 1970 entitled The Children Act 1989 Guidance and Regulations, vol 2: Family Support, Day Care and Educational Provision for Young Children indicated that the duties under Part III of the 1989 Act fell into two groups, those which are general and those which are particular, and that the general duties are concerned with the provision of services overall and not to be governed by individual circumstances.

Judges:

Auld J

Citations:

Independent 17-Nov-1993, [1994] ELR 357

Statutes:

Children Act 1989 817(1)

Cited by:

Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 09 April 2022; Ref: scu.86095

Regina v Avon County Council, Ex Parte Terry Adams Ltd: QBD 7 Jul 1993

A council has no duty to consider the interests of waste disposal contractors.

Citations:

Times 07-Jul-1993

Statutes:

Environmental Protection Act 1990 51(1)

Cited by:

Appeal from – 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. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 09 April 2022; Ref: scu.86069

Regina (A) v Lambeth London Borough Council: QBD 25 May 2001

The duty imposed by section 17 of the Act on local authorities to safeguard and promote the welfare of children is a general duty only, and is not capable of being enforced for the benefit of a particular child by way of judicial review. As a so called target duty decisions made by the local authority pursuant to it were not open to challenge by review. Other sections may give rise to specific duties which might be so challenged, but not the general obligation.
courtcommentary.com Duty placed on social services authority under Children Act 1989 s17 is a target duty owed to children in general and not justiciable by judicial review – no duty in law to meet assessed needs by providing alternative accommodation for the whole family

Judges:

Baker

Citations:

Times 03-Jul-2001, CO/3698/2000, (2001) LGR 513

Links:

courtcommentary.com

Statutes:

Children Act 1989 17 20

Citing:

Appealed to – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an . .

Cited by:

Cited – Regina (on the Application of J) v London Borough of Enfield and Another Admn 4-Mar-2002
The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support.
Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and . .
Appeal from – Regina (A) v Lambeth London Borough Council CA 5-Nov-2001
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Judicial Review

Updated: 09 April 2022; Ref: scu.85947

Regina (On the Application of Hughes and Others) v Commissioner for Local Administration: QBD 17 May 2001

The local authority had granted planning permission for a development, but failed to secure either an advance payment for the making up of the estate roads, to secure a bond and agreement, or to make an order exempting the estate form this requirement. The developer failed without the road being made up, and the residents complained of maladministration. The Commissioner found that there had been no maladministration. On the appeal, the Commissioner accepted the report was defective.
Held: If the matter was to be referred back to the Commissioner, it was wrong to fetter the Commissioners discretion by giving particular directions as to the findings to be made.

Citations:

Gazette 17-May-2001

Statutes:

Highways Act 1980 219(1), 220

Local Government, Administrative

Updated: 09 April 2022; Ref: scu.85991

Regina v Swansea City and Council, Ex Parte Davies: QBD 7 Jul 2000

A hackney council vehicle licence holder had sufficient locus standi as a person aggrieved to appeal against a condition sought to be imposed by the local authority on the licensing of private hire vehicle licenses. Accordingly the Magistrates should hear his complaint and objection. The statute was not narrowly drafted so as to exclude the applicant, although it was not limitless.

Citations:

Times 07-Jul-2000

Statutes:

Local Government (Miscellaneous Provisions) Act 1976 48

Licensing, Road Traffic, Local Government

Updated: 09 April 2022; Ref: scu.85579

Regina v Westminster City Council, Ex Parte Union of Managerial and Professional Officers and Others: QBD 13 Jun 2000

It was not an abuse of power by a local authority who had been asked to pay the costs of its officers and members successfully defending themselves against an action by the district auditor for malpractice, first to verify that it had any legal duty or power to provide such an indemnity. However such an indemnity would be good administrative policy. As a policy the authority retained the discretion as to the terms of its implementation.

Citations:

Times 13-Jun-2000

Local Government, Administrative

Updated: 09 April 2022; Ref: scu.85607

Regina v Secretary of State for the Environment, Transport and the Regions, Ex Parte O’Byrne: QBD 8 Jun 2000

A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The local authority objected, and an inquiry was held. The inspector held that the green belt policy itself would not be affected, but a sale would impinge on the management of the park where the flat was situated. The refusal was correct, since it could not have been intended that the inspector should limit himself to consideration only of the green belt issues.

Citations:

Gazette 08-Jun-2000

Statutes:

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

Citing:

See Also – Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne Admn 20-Aug-1999
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding . .

Cited by:

Appeal from – O’Byrne v Secretary of State for Environment, Transport and Regions and Another CA 17-Apr-2001
A tenant sought to buy a flat under the right to buy scheme but the flat was in the green belt. The land was held under provisions in the 1938 Act making the sale of any part conditional on the consent of the respondent. The local authority . .
At first instance – Regina v Secretary of State for Environment Transport and the Regions ex parte O’Byrne HL 14-Nov-2002
The applicant sought to exercise her right to buy a property she had occupied of her local authority. It was in the green belt, and the authority declined to sell it until they had obtained authorisation for the sale. The authority appealed an order . .
Lists of cited by and citing cases may be incomplete.

Housing, Planning, Local Government

Updated: 09 April 2022; Ref: scu.85506

Regina v Hammersmith and Fulham London Borough Council ex parte Damoah: QBD 31 Dec 1998

A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child’s long terms interests could properly be served by such assistance.

Citations:

Times 31-Dec-1998, Gazette 13-Jan-1999

Statutes:

Children Act 1989 Part III

Children, Local Government, Benefits

Updated: 09 April 2022; Ref: scu.85291

Regina v Cornwall County Council, Ex P L: QBD 25 Nov 1999

A local authority did not have the right to exclude solicitor representatives from child protection case conferences, and must provide minutes of any part of a meeting from which the parent is excluded. To do so would be to fail to follow the guidelines set out by the Secretary of State, which the authority was bound to follow.

Citations:

Times 25-Nov-1999, Gazette 25-Nov-1999, Gazette 17-Dec-1999

Statutes:

Children Act 1989 37, Local Authority Social Services Act 1970 7(1)

Local Government, Legal Professions, Children

Updated: 09 April 2022; Ref: scu.85201

Regina v Attorney-General, ex Parte Rockall: QBD 19 Jul 1999

The presumption of corruption which arose by virtue of the statute under the 1916 Act did not apply on a charge of conspiracy to corrupt under the earlier Act. The charge of conspiracy was a charge on its own under the Criminal Law Act and was not affected by the presumption, and was not accordingly there was no risk of any breach of the Convention on Human Rights.

Citations:

Times 19-Jul-1999

Statutes:

Prevention of Corruption Act 1916 2, Prevention of Corruption Act 1906, Criminal Law Act 1977 1(1)

Crime, Local Government

Updated: 09 April 2022; Ref: scu.85119

Morgan Grenfell and Co Ltd v Sutton London Borough Council: QBD 23 Mar 1995

A guarantee of loan to a non-registered housing association was ultra vires.

Citations:

Times 23-Mar-1995

Statutes:

Local Government Act 1972

Jurisdiction:

England and Wales

Cited by:

Appeal from – London Borough of Sutton v Morgan Grenfell and Co Ltd Morgan Grenfell and Co Ltd v Mayor and Burgesses of London Borough of Sutton London Borough of Sutton v Morgan Grenfell and Co Ltd Wellesley Housing Association Ltd CA 24-Oct-1996
The Housing Associations Act 1985 empowered a local authority to give guarantees in relation to registered housing associations. A local authority guaranteed a bank loan for an unregistered housing association.
Held: A Local Authority had no . .
Lists of cited by and citing cases may be incomplete.

Local Government, Banking

Updated: 09 April 2022; Ref: scu.83829

Lavis v Kent County Council: QBD 18 Feb 1992

The plaintiff had received serious injuries whilst riding his motor cycle at a road junction for which the defendants were responsible. He alleged that they were liable to him for failing to ensure that proper warning signs were placed at the approach to the junction. The defendants were empowered to place such signs, but not under a duty to do so. They applied to strike out the plaintiff’s claim as disclosing no cause of action.
Held: A Local Authority had a discretion not to erect a particular road sign, but the decision was to be made according to the standards of a competent road engineer. ‘In my judgment it is perfectly clear that the duty imposed is not capable of covering the erection of traffic signs, and nothing more need be said about that particular provision’.

Citations:

Times 24-Nov-1994, (1992) 90 LGR 416, [1993] CLY 2949

Cited by:

Applied – Gorringe v Calderdale Metropolitan Borough Council CA 2-May-2002
The claimant sought damages, alleging that an accident occurred as a result of the defendant highway authority’s negligence in failing to mark the road properly. A ‘Slow’ sign had become faded and had not been maintained.
Held: The judge had . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Lists of cited by and citing cases may be incomplete.

Negligence, Local Government, Road Traffic

Updated: 09 April 2022; Ref: scu.82958

Kempin T/A British Bulldog Ice Cream v Brighton and Hove Council: QBD 13 Mar 2001

An ice cream salesman driving around an area was not a roundsman so as to be exempted from the need to obtain a street trader’s licence, however regular his route. Though not defined in the Act, ’roundsman’ meant activities delivering pre-ordered goods within a locality. This interpretation was required in order to give effect to the purpose of the Act.

Citations:

Times 13-Mar-2001, Gazette 29-Mar-2001

Statutes:

Local Government (Miscellaneous Provisions) Act 1982

Licensing, Local Government

Updated: 09 April 2022; Ref: scu.82725

Ipswich Borough Council v Moore and Another: ChD 4 Jul 2000

Historically, powers had been granted to the authority, as riparian owners of the port, but powers had also been given to what had since become the Port Authority. The Authority had been given power to regulate traffic in the river, and to charge for moorings. The local authority could not control the grant of such mooring rights by the Port authority, nor levy its own charges. The rights given by statute to the Port Authority over-rode the land owner’s rights.

Citations:

Times 04-Jul-2000, Gazette 06-Jul-2000

Jurisdiction:

England and Wales

Cited by:

Appeal from – Ipswich Borough Council v Moore and Another CA 25-Jul-2001
A statute in 1950 granted to the port authority powers, inter alia, to grant licences for moorings on the foreshore. These powers overrode the ancient Royal Charter which vested the foreshore in the local authority. Accordingly licences issued by . .
Appeal from – Ipswich Borough Council v Moore and Another CA 29-Jun-2001
. .
Lists of cited by and citing cases may be incomplete.

Transport, Local Government

Updated: 08 April 2022; Ref: scu.82422

In Re F (Minors) (Care Proceedings): Contact): FD 22 Jun 2000

The powers given to local authorities over children in care and the arrangements for contact are compliant with the human rights act. The balancing act between the child’s best interests and those of the mother had been correctly applied.

Citations:

Times 22-Jun-2000

Statutes:

Human Rights Act 1998

Children, Local Government, Human Rights

Updated: 08 April 2022; Ref: scu.81879

In Re A Subpoena Issued by the Commissioner for Local Administration: QBD 2 Apr 1996

Local ombudsman can investigate adoptions and to get confidential papers. His task was not that of a party to litigation, and he may well require more papers than a party to litigation might be entitled to. Even so, and though the sup poena ad duces tecum was confirmed, the Commissioner was invited to reconsider and reduce the scope of the papers requested.

Judges:

Justice Carnwath

Citations:

Times 04-Apr-1996

Administrative, Local Government

Updated: 08 April 2022; Ref: scu.81683

Herschel Engineering Ltd v Breen Property Ltd: QBD 10 May 2000

A decision of an adjudicator given under the section was not final. It was not in the nature of an arbitration and therefore an appeal against the adjudication did lie to the County Court. A court would not normally allow the same issue to be determined both by the arbitrator and a court, but an adjudication could typically be challenged itself by an arbitration, or by a court, or otherwise as by agreement.

Citations:

Times 10-May-2000

Statutes:

Housing Grants Construction and Regeneration Act 1996, Scheme for Construction Contracts (England and Wales) Regulations 1998 (1988 No 649)

Arbitration, Local Government, Construction

Updated: 08 April 2022; Ref: scu.81345

Hall v Kingston Upon Hull City Council and similar: QBD 9 Feb 1999

When serving notice of statutory nuisance upon a local authority, the tenant, having been told to notify the housing department could serve the notice there. The power to specify an alternative means of service is not limited to the Council Secretary.

Citations:

Times 09-Feb-1999

Statutes:

Environmental Protection Act 1990 79(1)

Local Government

Updated: 08 April 2022; Ref: scu.81163

Grubb v Pricewaterhousecoopers and Another: QBD 17 Oct 2000

Where a local authority directly paid accommodation and subsistence expenses incurred by councillors in attending conferences in the course of their duties, the expenses were not limited by the Act in the way they would be if the councillors had had to claim them back themselves. There was on overriding provision limiting all such payments.

Citations:

Times 17-Oct-2000

Statutes:

Local Government Act 1974 111(1)

Local Government

Updated: 08 April 2022; Ref: scu.81067

Chisholm and Others v Kirklees Metropolitan Borough Council and Another; Kirklees Metropolitan Borough Council v B and Q Plc: ChD 27 May 1993

The Sunday trading law banning trading on Sunday’s does not create any situation of sex discrimination.

Citations:

Times 27-May-1993, Independent 27-May-1993

Statutes:

Shops Act 1950 47, Sex Discrimination Act 1975

Jurisdiction:

England and Wales

Discrimination, Local Government

Updated: 08 April 2022; Ref: scu.79102

Regina v Secretary of State for the Environment Ex Parte Sutton London Borough Council: QBD 14 Dec 1995

The Secretary of State may appoint an arbitrator to decide between local authorities on a land transfer dispute on a re-organisation of local government.

Citations:

Times 14-Dec-1995

Statutes:

Local Government Act 1972 68

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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. . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 07 April 2022; Ref: scu.87808

Peters v London Borough of Haringey and Another: Admn 8 Feb 2018

Challenge to LA’s attempt to create a partnership between the Defendant and the private sector, to bring private sector finance, experience and expertise to the task of developing the Council’s land for its better use, and so achieving the Council’s strategic aims in housing, affordable housing and employment.

Judges:

Ouseley J

Citations:

[2018] WLR(D) 74, [2018] EWHC 192 (Admin)

Links:

WLRD, Bailii

Jurisdiction:

England and Wales

Local Government

Updated: 04 April 2022; Ref: scu.604762

Rostron v Guildford Borough Council: Admn 5 Dec 2017

Claim for judicial review of the decision of Guildford Borough Council to fix for 2016-2017 the maximum fares that may be charged for the hire of hackney carriages within the Borough.

Judges:

John Howell QC

Citations:

[2017] EWHC 3141 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Road Traffic, Local Government

Updated: 02 April 2022; Ref: scu.601443