Local Government - 1997

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This page lists 74 cases, and was prepared on 28 October 2012.

Re I & E (Residential Assessment Order)
1997 CA	Children, Local Government
	Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for the assessment of C. Though that failed, the Judge refused an order to stop the Authority removing C to make an assessment for the final hearing. The mother appealed. Held: The appeal failed. The court would not interfere in the local authority’s revised interim care plan to remove C for further assessment. Assessment in the home was not a realistic or viable option.
	Children Act 1989 38(6)

Re M (Residential Assessment Directions) [1998] 2 FLR 371
1997 CA	Children, Local Government	Casemap 1 Cites 1 Citers
	The mother was seen to be unstable with a history of self harm, and with a violent association. Two older children were in care, and despite psychiatric evidence that she was improving the authority resisted a suggestion that there be a residential assessment, wishing to proceed straight to a final care order. The mother appealed the order giving effect to the authority'views. Held: A residential assessment order was made. The court acting under s38 (6) may direct the local authority to implement and fund a family residential assessment. The court must consider whether the propose programme was in reality an assessment, and not just treatment of the mother; that it was genuinely in the child's broad best interests; and that the assessment was a necessary part of the court making the findings which would found its decision. It must also find it not unreasonable and in the interests of justice that the authority find the assessment.
	Children act 1989 38

Re C (Care Order: Appropriate Local Authority) [1997] 1 FLR 544
1997 Wall J	Children, Local Government	Casemap 1 Citers
	A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court considered a local authority placement with a mother whose classification for the purposes of section 23 is established by subsections (3) and (4) as follows: "(3) Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4). (4) A person falls within this subsection if he is: (a) a parent of the child; (b) a person who is not a parent of the child but who has parental responsibility for him; or (c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made."
	Children Act 1989 23(6) 105(6)(c)

Regina -v- Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford) (1997) 29 HLR 756; [1997] EWHC Admin 4; (1997) 1 CCLR 294
13 Jan 1997 Admn Kay J	Housing, Children, Local Government	Casemap 1 Citers
	Section 17(1) imposes an obligation in respect of the needs of an individual child.
	Children Act 1989 17(1)
	[ Bailii ]

Bernard Charles Admanson -v- Waveney District Council [1997] EWHC Admin 62
24 Jan 1997 Admn	Licensing, Road Traffic, Local Government
	The court considered the procedure for a licensing Local Authority and the justices to admit into its consideration any spent convictions of the licence applicant when considering his fitness to hold a Hackney Carriage Licence.
	Rehabilitation of Offenders Act 1974 - Local Government (Miscellaneous Provisions) Act 1976
	Link[s] omitted

C A Omoregei -v- Secretary of State for Environment and Kingston-Upon-Hull City Council and Solomon Obiajulo Okolo and Secretary of State for Environment and Kingston-Upon-Hull City Council [1997] EWHC Admin 86
30 Jan 1997 Admn	Land, Local Government
	Acquisition of Land Act 1981 15
	Link[s] omitted

Regina -v- Secretary of State for Environment ex parte London Borough of Sutton [1997] EWCA Civ 963
7 Feb 1997 CA	Local Government, Elections
	Link[s] omitted

Regina -v- London Borough of Camden ex parte John Laurence Anderson Hartley [1997] EWHC Admin 125
11 Feb 1997 Admn	Local Government
	Incorrect results of local search - planning applications not revealed.
	Link[s] omitted

Regina -v- Kent County Council ex parte Corby [1997] EWHC Admin 144; [1998] ELR 109
14 Feb 1997 Admn	Local Government	Casemap 1 Citers
	Link[s] omitted

Regina -v- City of Newcastle ex parte Blake [1997] EWHC Admin 162
19 Feb 1997 Admn	Licensing, Local Government
	Town and Police Clauses Act 1847 37
	Link[s] omitted

Regina -v- Coventry City Council ex parte Coventry Heads of Independent Care Establishments (Choice); Wendy Peggs and Brian Peggs [1997] EWHC Admin 172
21 Feb 1997 Admn	Local Government
	The claimants challenged the decision of the local authority not to raise the sums payable to support the elderly in their care.
	Link[s] omitted

Regina -v- Wiltshire County Council ex parte Razazan [1997] EWCA Civ 1087
25 Feb 1997 CA	Education, Local Government
	Link[s] omitted

Regina -v- Secretary of State for the Environment Ex Parte Sutton London Borough Council
25 Feb 1997 CA	Local Government
	A Local Authority involved in a boundary change has power to make a deal with a neighbouring authority over land.
	Local Government Act 1972 68

Keith Bayley -v- South Wight Borough Council [1997] EWCA Civ 1113
27 Feb 1997 CA	Local Government, Torts - Other
	Application for leave to appeal out of time. The defendant had disposed of a caravan belonging to the claimant which had been removed by others from land and abandoned on the highway verge. He claimed for the value of his contents in the caravan. The defendant said that by the time they found it the caravan was empty. Held: The registrar had carefully taken evidence from many witnesses. There was no evidence to suggest that he had erred.
	Link[s] omitted

In the Matter of an Application for Judicial Review R -v- Secretary of State for Environment ex parte London Borough of Camden [1997] EWCA Civ 1151
4 Mar 1997 CA	Local Government	Casemap 1 Citers
	Local Government and Housing Act 1989
	Link[s] omitted

Milne-Berry, Madden -v- London Borough of Tower Hamlets [1997] EWCA Civ 1223
12 Mar 1997 CA	Housing, Local Government
	Right to buy.
	Link[s] omitted

Lambert -v- West Devon Borough Council
19 Mar 1997 QBD	Negligence, Local Government
	A Local Authority officer granting permissions apparently within own powers binds the authority, and the Local Authority was liable in negligence for an error of a building control officer giving planning advice.

Regina -v- Gloucestershire County Council and Another, Ex Parte Barry [1997] AC 584; [1997] UKHL 58; [1997] 2 WLR 459; [1997] 2 All ER 1; (1997) 9 Admin LR 209; (1997-98) 1 CCL Rep 40; (1997) 36 BMLR 92
21 Mar 1997 HL Lord Nicholls of Birkenhead	Health, Benefits, Local Government	Casemap 1 Cites 1 Citers
	The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain arrangements where a local authority is satisfied this is 'necessary' in order to meet the 'needs' of disabled persons. Held: (by a majority) On the proper interpretation of the section the local authority is entitled to have regard to its resources when performing this duty. The local authority had merged the two stages into one by providing services in accordance with elaborate 'eligibility criteria'. What was in issue was whether the authority could lawfully raise the eligibility criteria because of shortage of money. Need within the meaning of section 2(1) of 1970 Act is a relative concept and that "needs for services cannot sensibly be assessed without having some regard to the cost of providing them. A person's need for a particular type or level of service cannot be decided in a vacuum from which all considerations of cost have been expelled."
	Chronically Sick and Disabled Persons Act 1970 2(1)
	Link[s] omitted

Keith Trevor Barrett -v- London Borough of Enfield [1999] 3 WLR 79; [1997] EWCA Civ 1330
25 Mar 1997 CA The Master Of The Rolls (Lord Woolf) Lord Justice Evans Lord Justice Schiemann	Professional Negligence, Local Government, Vicarious Liability	Casemap 1 Cites 1 Citers
	A Local Authority is only vicariously liable for the negligence of a social worker to a child in care.
	Link[s] omitted

Regina -v- Lambeth London Borough Council, ex Parte Wilson
25 Mar 1997 CA	Costs, Local Government
	An order making a council official personally liable for the costs of an action would usually be inappropriate, but not always.

Regina -v- Sefton Borough Council ex parte Help the Aged [1997] EWHC Admin 338
26 Mar 1997 Admn	Health, Local Government	Casemap 1 Citers
	A Local Authority was entitled to look to its financial resources before setting the standards and levels of care it could provide.
	National Assistance Act 1948 2(1)(a)
	Link[s] omitted

Lambeth London Borough Council -v- Thomas (1997) 30 HLR 89
31 Mar 1997 CA Kennedy LJ, Mance J	Landlord and Tenant, Local Government, Utilities	Casemap 1 Citers
	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 £600 of water charges (and some £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."

Regina -v- London Borough of Newham ex parte Vadim Plastin [1997] EWHC Admin 350
10 Apr 1997 Admn	Local Government
	National Assistance Act 1948 21(1)(a)
	Link[s] omitted

Regina -v- Somerset County Council, ARC Southern Limited ex parte Richard Dixon [1997] EWHC Admin 393; [1998] Env LR 111
18 Apr 1997 Admn Sedley J	Judicial Review, Local Government, Planning	Casemap 1 Cites 1 Citers
	[ Bailii ]

Regina -v- East Sussex County Council ex parte Beth Tandy [1997] EWHC Admin 401
23 Apr 1997 Admn	Education, Local Government	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe) [1997] EWHC Admin 422
28 Apr 1997 Admn	Benefits, Local Government, Local Government
	A charge placed upon a house by the respondent local authority to secure payment for residential care for the owner was valid. The authority had a broad discretion which it had validly exercised.
	National Assistance Act 1948 - National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977)
	Link[s] omitted

Regina -v- Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe) [1997] EWHC Admin 422
28 Apr 1997 Admn	Benefits, Local Government, Local Government
	A charge placed upon a house by the respondent local authority to secure payment for residential care for the owner was valid. The authority had a broad discretion which it had validly exercised.
	National Assistance Act 1948 - National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977)
	Link[s] omitted

Phillips and Others -v- Magill and others [1997] EWHC Admin 434
1 May 1997 Admn	Local Government	Casemap 1 Cites 1 Citers
	Link[s] omitted

Morgan Grenfell and Company Ltd -v- Welwyn Hatfield District Council -v- Council of London Borough of Islington [1997] EWCA Civ 1649
8 May 1997 CA	Local Government
	Link[s] omitted

Regina -v- London Borough of Newham ex parte Mikhail Gorenkin [1997] EWHC Admin 463
13 May 1997 Admn	Local Government, Benefits, Immigration
	National Assistance Act 1948 21
	Link[s] omitted

Regina -v- Teesside Development Corporation ex parte William Morrison Supermarkets Plc and ex parte Redcar and Cleveland Borough Council [1998] JPL 23; [1997] EWHC Admin 481
16 May 1997 Admn Sedley J	Local Government, Planning	Casemap 1 Citers
	To refuse an out-of-centre planning consent on the ground that an admittedly smaller site is available within the town centre may be to take an entirely inappropriate business decision on behalf of the developer.
	Link[s] omitted

Regina -v- Blackpool Borough Council ex parte Livesley [1997] EWHC Admin 494
22 May 1997 Admn	Local Government, Housing
	Link[s] omitted

Regina -v- Camden London Borough Council, Ex Parte Mohammed [1997] EWHC Admin 502; [1997] 30 HLR 315
23 May 1997 Admn Latham J	Housing, Local Government	Casemap 1 Citers
	A local authority's policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining fairness between homeless persons in circumstances where they have decided that no duty is owed to the applicant, and proper consideration of the possibility that the applicant might be right and that to deprive him of accommodation could result in the denial of an entitlement. (4) ....certain matters will always require consideration, although other matters may also be relevant: (a) the ones requiring consideration were the merits of the case and the extent to which it can properly be said that the decision was one which was either contrary to the apparent merits or was one which involved a very fine balance of judgment; (b) whether consideration is required of new material, information or argument which could have a real effect on the decision under review; (c) the personal circumstances of the applicant and the consequences of an adverse decision on the exercise of the discretion.
	Housing Act 1996 188(3)
	Link[s] omitted

Regina -v- Council for Borough of Rossendale ex parte Whitworth Town Council and Ronald Pickup [1997] EWHC Admin 512
4 Jun 1997 Admn	Local Government
	Link[s] omitted

Regina -v- London Borough of Lambeth ex parte Caddell [1997] EWHC Admin 535; [1998] 1 FLR 253
9 Jun 1997 Admn	Children, Local Government	1 Citers
	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.
	Children Act 1989 24(2)
	Link[s] omitted

Regina -v- Bow Street Magistrates Court and Westminster City Council ex parte Brian Bruno Mcdonald [1997] EWCA Civ 1823
10 Jun 1997 CA	Local Government
	Council had statutory defence to a claim for wrongful confiscation of busker's instruments when acting under appropriate powers.
	Local Government Act 1963 S12 12C 42(2)
	Link[s] omitted

O'Rourke -v- Mayor etc of the London Borough of Camden [1997] UKHL 24; [1997] 3 WLR 86; [1998] AC 188; [1997] 3 All ER 23
12 Jun 1997 HL Lord Goff of Chieveley, Lord Mustill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann	Housing, Local Government, Administrative	Casemap 1 Cites 1 Citers
	The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in individuals for damages, nor to ensure that all homeless people are accommodated. The Act created no such right explicitly, and a public law means of enforcing the Act was in place. No private action for damages for breach lay against the council. Lord Hoffmann said: "the [Housing] Act [1985] is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy. Public money is spent on housing the homeless not merely for the private benefit of people who find themselves homeless but on grounds of general public interest: because, for example, proper housing means that people will be less likely to suffer illness, turn to crime or require the attention of other social services. The expenditure interacts with expenditure on other public services such as education, the National Health Service and even the police. It is not simply a private matter between the claimant and the housing authority. Accordingly, the fact that Parliament has provided for the expenditure of public money on benefits in kind such as housing the homeless does not necessarily mean that it intended cash payments to be made by way of damages to persons who, in breach of the housing authority's statutory duty, have unfortunately not received the benefits which they should have done."
	Housing Act 1985 62
	Link[s] omitted

Regina -v- North Yorkshire County Council Ex Parte Hargreaves
12 Jun 1997 QBD	Health, Local Government, Benefits	Casemap 1 Cites
	The local authority's duty to facilitate holidays for the disabled includes the power to fund the basic cost of such holidays.
	Chronically Sick and Disabled Persons Act 1970

Regina -v- Barnet Justices ex parte Ribbans [1997] EWHC Admin 566; [1997] EWHC Admin 566
18 Jun 1997 Admn Mr Justice Laws	Local Government, Taxes - Other, Magistrates, Costs
	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.
	Link[s] omitted

Merrill Lynch Capital Services Inc -v- The Municipality of Piraeus and The Bank of Tokyo; Mitsubishi Bank Ltd & Ors -v- The Municipality of Piraeus [1997] 6 Bank LR 241; [1997] CLC 1214
18 Jun 1997 ComC	Banking, Local Government	Casemap 1 Citers
	Loan and swap agreements - Greek local authority - Rules of English private international law - capacity - authority - ratification

Hurst and Another -v- Hampshire County Council [1997] EWCA Civ 1901; (1997) 96 LGR 27
19 Jun 1997 CA	Nuisance, Local Government, Land	Casemap 1 Citers
	A Local Authority is liable for any damage caused by the roots of a tree growing on the verge of a public highway.
	Link[s] omitted

Cross -v- Kirklees Metropolitan Borough Council [1997] EWCA Civ 1986; [1998] 1 All ER 564
27 Jun 1997 CA Lord Justice Evans	Personal Injury, Local Government	Casemap 1 Cites 1 Citers
	The Council's duty to maintain a highway is not absolute. It must take reasonable steps to prevent or clear ice forming on pathway. Lord Justice Evans analysed the application of Section 41 to a situation which arose from ice and snow. In any case of this kind there is an obligation on the plaintiff to establish that there has been, as a result of the defect of which he or she complains, a foreseeable risk of injury. He said: "I note that first the council's duty under s 41 is simply to ´maintain the highway'. There is no express reference to safety or to the absence of danger. But the cause of action which arises when the duty is broken requires proof of injury caused by the failure to maintain, and the risk of injury must have been foreseeable by the council (per Diplock LJ in Burnside's case and Lord Denning MR in Heydon's case ). So for the purposes of civil liability the duty is to maintain the highway so as to exclude the foreseeable risk of injury resulting from its use." He later said: "The duty to maintain includes taking preventative or clearance measures which are sufficient to keep the surface reasonably safe . This means (a) what measures are sufficient will depend in part on what use of the highway can be anticipated, and by whom; and (b) that if no or insufficient measures are taken within a reasonable time, and injury is caused thereby, then the plaintiff may establish at least a prima facie breach of duty under s 41. The authority can then rely, if it chooses to do so, on the statutory defence under s 58."
	Highways Act 1980 41
	Link[s] omitted

Regina -v- KPMG (External Auditor of Preston Borough Council) and Preston Borough Council ex parte Joseph Mcgrath [1997] EWHC Admin 604
30 Jun 1997 Admn	Local Government
	Link[s] omitted

Regina -v- Yorkshire Purchasing Organisations, Ex Parte British Educational Suppliers Association
10 Jul 1997 CA	Local Government
	Local Authority can collect and store goods for resale to a public body, but has no power to procure goods on request for commission.
	Local Authority (Goods and Services) Act 1970 1(1)(a)

Regina -v- Cheshire County Council ex Benjamin Phillip Allcock (By His Father and Next Friend David Malcolm Allcock) [1997] EWHC Admin 689
16 Jul 1997 Admn	Local Government, Health
	Link[s] omitted

Regina -v- London Borough of Newham ex parte Ayse Hassan [1997] EWHC Admin 697; [1996] 29 HLR 378
17 Jul 1997 Admn	Housing, Local Government	Casemap 1 Citers
	Link[s] omitted

Stirling Council and Another -v- Local Government Property Commission and Another
18 Jul 1997 OHCS	Local Government
	Order for transfer of individual heritable property from one local authority had to be in entirety to one new authority.
	Local Government Property Commission (Scotland)

South Lanarkshire Council -v- Secretary of State for Scotland
21 Jul 1997 OHCS	Local Government
	Guidance in circular on compulsory competitive tendering to be construed by reading purpose of underlying legislation.

Regina -v- Chung Tak Lam Mary Lam Patricia Lam Christopher John Lam and Peter Brennan (T/a 'Namesakes of Torbay') and Borough of Torbay [1997] EWCA Civ 2247; [1997] PIQR P488
30 Jul 1997 CA Potter, Brooke LJJ	Nuisance, Personal Injury, Planning, Local Government	Casemap
	The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private right of action for a breach of statutory duty. The claim failed.
	Town and Country Planning Act 1990 29 - Environmental Protection Act 1990 Part III - Public Health Act 1936 91
	Link[s] omitted

Regina -v- Sefton Metropolitan Borough Council ex parte Help Aged ex parte Charlotte Blanchard [1997] EWCA Civ 2265; (1997) 1 CCLR 57; [1997] 4 All ER 532; [1997] 38 BMLR 135
31 Jul 1997 CA	Health, Local Government	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Aylesbury Vale District Council and Another; Ex Parte Chaplin and Others [1997] EWCA Civ 2262; [1998] JPL 49; (1998) 76 P & CR 207; [1997] 3 PLR 55
19 Aug 1997 CA	Planning, Local Government	Casemap 1 Cites 1 Citers
	A Local Authority need not give its reasons for granting a planning application, even where a previous and identical application had been refused.
	Town and Country Planning Act 1970 78
	Link[s] omitted

Regina -v- Blackpool Borough Council ex parte Livesley [1997] EWCA Civ 2309
21 Aug 1997 CA	Local Government, Housing
	Link[s] omitted

Peter Maddox -v- Thurrock Borough Council HC Admin 815
19 Sep 1997 Admn	Costs, Local Government
	A tree preservation order was agreed by the council to be revoked. The order was not revoked, and, upon proceedings coming before the court, costs were awarded against the council because of the failure to abide by the agreement.
	Link[s] omitted

Regina -v- Powys County Council ex parte Jenny Diane Hambidge [1997] EWHC Admin 842
7 Oct 1997 Admn	Health, Local Government
	A Local Authority has power to charge for services it provides under Chronically Sick and Disabled Persons Act and under the Health and Social Services etc Act.
	Chronically Sick and Disabled Persons Act 1970 - Health and Social Services and Social Security Adjudications Act 1983 17(2)
	Link[s] omitted

Regina -v- Blackburn Borough Council ex parte Mohammed Molvi [1997] EWHC Admin 909
22 Oct 1997 Admn	Local Government, Housing
	Entitlement to housing grant.
	Local Government and Housing Act 1989 116
	Link[s] omitted

Wendell Tsao -v- Secretary of State for Environment and City of Westminster [1997] EWHC Admin 967
3 Nov 1997 Admn	Land, Local Government
	Appeal against compulsory purchase order - no grounds shown in law.
	Link[s] omitted

Regina -v- Hackney London Borough Council Ex Parte Adebiri; Regina -v- Merton London Borough Council Ex Parte Inparaja; Regina -v- Same Ex Parte Parupathpilli Etc
5 Nov 1997 QBD	Local Government
	A Local Authority may sue for council tax even though it is entirely aware that the council tax payer is without either assets or income because of his position as an asylum seeker.
	Council Tax (Administration and Enforcement) Regulations 1992 613

Gregory -v- Portsmouth City Council [1997] EWCA Civ 2645
5 Nov 1997 CA Simon Brown, Schiemann, Ward LJJ	Torts - Other, Local Government	Casemap
	The plaintiff had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution. Held: The categories of malicious prosecution are closed, and it was not appropriate to use this tort in respect of disciplinary proceedings by a local authority against a councillor.
	Link[s] omitted

Green Street Action Group Limited -v- Mayor and Burgesses of London Borough of Newham [1997] EWHC Admin 979
5 Nov 1997 Admn	Road Traffic, Local Government
	Road Traffic Regulation Act 1984
	Link[s] omitted

Regina -v- Royal Borough of Kensington and Chelsea ex parte Sir Evelyn De Rothschild [1997] EWHC Admin 989;
7 Nov 1997 Admn	Local Government
	Alleged failure of chair of planning committee to declare financial interest in application before the committee.
	Link[s] omitted

Stretch -v- West Dorset District Council [1997] EWCA Civ 2692; (1998) 77 P&CR 342
10 Nov 1997 CA	Local Government, Landlord and Tenant	Casemap 1 Cites 1 Citers
	A local authority has no ability to grant an option to renew a lease, even though it has the power to grant a lease and would benefit from the wrongful grant. The land was held for an express statutory purpose and was not 'corporate land' within the Act. The statutory restriction on lettings in excess of seven years without the consent of the Secretary of state could not be worked around by the use of options.
	Local Government Act 1933
	Link[s] omitted

Regina -v- Somerset County Council ex parte Prospect Care Services Limited [1997] EWHC Admin 997
10 Nov 1997 Admn	Local Government, Licensing
	Children Act 1989 109
	Link[s] omitted

Northampton Borough Council -v- Robert Kelvin Lovatt and Margaret Rose Lovatt [1997] EWCA Civ 2693; [1997] EWCA Civ 2693
11 Nov 1997 CA Lord Justice Henry, Lord Justice Pill, Lord Justice Chadwick	Local Government, Landlord and Tenant, Housing	Casemap 1 Cites
	The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants' children as 'conduct which is a nuisance or annoyance to neighbours' The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the section. Held: Under Simmonds the parents were responsible for the acts of their children. The acts had not however occurred on the premises subject to the order. By a majority, the acts need not occur on the premises.
	Housing Act 1985 84(1) Schedule 2
	Link[s] omitted

Hayes -v- Humberside Valuation Tribunal and Kingston Upon Hull City Council [1997] EWCA Civ 2708
13 Nov 1997 CA	Local Government, Rating
	Local Government Finance Act 1992
	Link[s] omitted

Regina -v- Hampshire County Council ex parte H [1997] EWHC Admin 1020; [1999] 2 FLR 359
17 Nov 1997 Admn	Children, Local Government	Casemap 1 Cites 1 Citers
	[ Bailii ]

Regina -v- London Borough of Merton ex parte Inparaj and Nardarajah; London Borough of Merton ex parte Parupathpill; London Borough of Hackney ex parte Adebiri [1997] EWCA Civ 2769
19 Nov 1997 CA Hirst LJ, Sir Patrick Russell	Local Government, Immigration
	[ Bailii ]

Kent County Council -v- Upchurch River Valley Golf Course Limited [1997] EWHC Admin 1035
21 Nov 1997 Admn	Land, Local Government	Casemap 1 Cites
	The defendants had been acquitted of obstructing a public highway across their golf course. The authority appealed. Held: The obstruction was deliberate. If the defendants wanted to challenge the status of the pathway on the definitive map, then they should do so by proper means.
	Highways Act 1990 130
	Link[s] omitted

Regina -v- London Borough of Newham ex parte Medical Foundation of Care of Victims of Torture and Others [1997] EWHC Admin 1128
12 Dec 1997 Admn	Local Government, Immigration, benefits
	National Assistance Act 1948 21
	Link[s] omitted

Regina -v- Bromsgrove District Council ex parte Dennis Cyril Norton and William John Kings [1997] EWHC Admin 1130
15 Dec 1997 Admn	Local Government
	Challenge to appropriation of land enjoyed as recreation land to use for arts centre.
	Local Government Act 1972 122
	Link[s] omitted

Killoran -v- Wokingham District Council [1997] EWCA Civ 2989; [1997] EWCA Civ 2989
15 Dec 1997 CA Lord Justice Beldam Lord Justice Peter Gibson Lord Justice Schiemann	Planning, Torts - Other, Local Government
	The appellant appealed refusal of permission for change of use. He had a farm which also had permission for alteration to a dwelling. He wanted to open an equestrian centre. The planning committee originally granted the request, but one member later sought to reverse the decision, and achieved it. The applicant's claim for misfeasance in public office by the defendant Council was struck out as disclosing no reasonable cause of action. Held: The claimant had failed properly to plead his claim despite having several opportunities. He had not shown express or other malice
	[ Bailii ]

Wendy Waple -v- Surrey County Council [1997] EWCA Civ 3032; [1997] EWCA Civ 3033
17 Dec 1997 CA	Defamation, Local Government	Casemap 1 Cites
	The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but the claimant sought damages. She appealed an order striking out her claim on the basis that the statement was privileged. Held: The statement was made in the course of a procedure which was short of court proceedings being started. The authority said that its conduct of child care proceedings would be severely hampered if such statements could not be communicated between the parties' legal representatives. Letters written by a solicitor in the performance of his or her duties to a client of the firm attract qualified privilege. Absolute privilege could not be extended similarly. Appeal allowed.
	Children Act 1989 Sch 2 Part III
	Link[s] omitted

Regina -v- Brentwood Borough Council Ex Parte Peck [1997] EWHC Admin 1041
18 Dec 1997 Admn Harrison J	Intellectual Property, Judicial Review, Local Government, Media	Casemap
	The claimant sought judicial review of the authority's distribution to the media of a CCTV film of his attempted suicide. Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection.
	Criminal Justice and Public Order Act 1994 111
	Link[s] omitted

Dame Shirley Porter; David Weeks; Peter John Hartley; Graham England and Ronald William Phillips -v- John Magill [1997] EWHC Admin 1170
19 Dec 1997 Admn	Local Government	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Newham London Borough Council, Ex Parte Medical Foundation for the Care of Victims of Torture and Others
26 Dec 1997 QBD	Benefits, Local Government, Housing
	The requirement to provide accommodation did not necessarily include a requirement for provision of board. Any such requirement must be justified by some other section of the Act.
	National Assistance Act 1948 Part III