Local Government in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

  • Bushell v Secretary of State for the Environment
    • House of Lords
    • 07 Feb 1980

    What is fair procedure is to be judged not in the light of constitutional fictions as to the relationship between the Minister and the other servants of the Crown who serve in the Government Department of which he is the head, but in the light of the practical realities as to the way in which administrative decisions involving forming judgments based on technical considerations are reached.

  • Save Britain's Heritage v Number 1 Poultry Ltd
    • House of Lords
    • 28 Feb 1991

    The single indivisible question, in my opinion, which the court must ask itself whenever a planning decision is challenged on the ground of a failure to give reasons is whether the interests of the applicant have been substantially prejudiced by the deficiency of the reasons given.

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

  • Pyx Grainite Company Ltd v Ministry of Housing and Local Government
    • House of Lords
    • 06 Jul 1959

    It is a principle not by any means to be whittled down that the subject's recourse to Her Majesty's courts for the determination of his rights is not to be excluded except by clear words. That is, as Mr. Justice McNair called it in Francis v. Yiewsley and West Drayton Urban District Council [1957] 2 Q.B. 136, a "fundamental rule" from which I would not for my part sanction any departure.

  • Wandsworth London Borough Council v Winder
    • House of Lords
    • 29 Nov 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.

  • Pyx Grainite Company Ltd v Ministry of Housing and Local Government
    • Court of Appeal
    • 07 Feb 1958

    Although the planning authorities are given very wide powers to impose "such conditions as they think fit", nevertheless the law says that those conditions, to be valid, must fairly and reasonably relate to the permitted development. The planning authority are not at liberty to use their powers for an ulterior object, however desirable that object may seem to them to be in the public interest.

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