Local Authority in UK Law

Leading Cases
  • Hazell v Hammersmith and Fulham London Borough Council and Others
    • House of Lords
    • 24 January 1991

    The local authority charged with the administration of local government in a local government area consists of an elected council which A local authority, although democratically elected and representative of the area, is not a sovereign body and can only do such things as are expressly or impliedly authorised by Parliament. Authorised expenditure by a local authority may be short-term or long-term.

    The authorities also show that a power is not incidental merely because it is convenient or desirable or profitable. There are many trading and currency and commercial swap transactions which eliminate or reduce speculation. Individual trading corporations and others may speculate as much as they please or consider prudent. But a local authority is not a trading or currency or commercial operator with no limit on the method or extent of its borrowing or with powers to speculate.

  • South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
    • House of Lords
    • 01 July 2004

    They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the "principal important controversial issues", disclosing how any issue of law or fact was resolved. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds.

  • Tesco Stores Ltd v Secretary of State for the Environment and Others
    • House of Lords
    • 19 October 1995

    If there is one principle of planning law more firmly settled than any other, it is that matters of planning judgment are within the exclusive province of the local planning authority or the Secretary of State.

  • R (M) v Hammersmith and Fulham London Borough Council
    • House of Lords
    • 27 February 2008

    It is impossible to read the words 'a child who is'provided with accommodation by the authority in the exercise of any functions…which are social services functions within the meaning of the Local Authority Social Services Act 1970…' to include a child who has not been drawn to the attention of the local social services authority or provided with any accommodation or other services by that authority.

  • Wandsworth London Borough Council v Winder
    • House of Lords
    • 29 November 1984

    He is merely seeking to defend proceedings brought against him by the appellants. In so doing he is seeking only to exercise the ordinary right of any individual to defend an action against him on the ground that he is not liable for the whole sum claimed by the plaintiff. Moreover he puts forward his defence as a matter of right, whereas in an application for judicial review, success would require an exercise of the court's discretion in his favour.

  • Puhlhofer (A.P.) and another (A.P.) v London Borough of Hillingdon England
    • House of Lords
    • 06 February 1986

    Where the existence or non-existence of a fact is left to the judgment and discretion of a public body and that fact involves a broad spectrum ranging from the obvious to the debatable to the just conceivable, it is the duty of the court to leave the decision of that fact to the public body to whom Parliament has entrusted the decision-making power save in a case where it is obvious that the public body, consciously or unconsciously, are acting perversely.

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