Westminster City Council v Porter and Another: ChD 30 Jul 2002

The claimant authority sought compensation from the respondents for acts committed whilst she had been a councillor. The auditor had certified that the respondents had caused losses amounting to 31 million pounds.
Held: Summary judgement was granted. The certification procedure under the 1988 Act had left undisturbed the equitable right of a local authority to certify its losses occasioned by its officers. The council was entitled to judgement both under its common law powers and under the Act since they arose from the same facts. The respondent was not entitled to a stay of execution pending her application to the European Court of Human Rights. Such a stay might be granted only where it was clear that a judgement might lead to a statutory reversal of the law on which the claim was founded.

Mr Justice Hart
Times 22-Aug-2002
Audit Commission Act 1988 18
England and Wales
CitedLocabail (UK) Ltd and Another v Waldorf Investment Corporation and Others (No 4) ChD 13-Jun-2000
An application to the European Court of Human Rights was not an appeal. Where it was clear that any decision there would not affect the issues between the parties, there was no reason to suspend enforcement of the order which had given rise to the . .
CitedPersonal Representatives of Tang Man Sit v Capacious Investments Ltd PC 18-Dec-1995
The claimant, Capacious Investments Ltd, brought proceedings against Tang’s estate for damages for the loss of use and occupation, and also an account of profits and damages for loss and damage incurred, for example by encumbering the property with . .

Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights

Updated: 11 December 2021; Ref: scu.174719