Mallett v Restormel Borough Council
| Jurisdiction | England & Wales |
| Judge | LORD DIPLOCK |
| Judgment Date | 28 February 1978 |
| Judgment citation (vLex) | [1978] EWCA Civ J0228-4 |
| Court | Court of Appeal (Civil Division) |
| Date | 28 February 1978 |
[1978] EWCA Civ J0228-4
In The Supreme Court of Judicature
Court of Appeal
(Civil Division)
(On appeal from Mr. Justice Griffiths)
Lord Diplock,
Lord Russell of Elllowen
(not present)
and
Lord Scahman
In The Matter of the Local Government ACT 1972
and
In The Matter of an appeal from an Industrial Tribunal
MR. SWINTON THOMAS. Q.C., and MR. BRUCE MAULEVERER (instructed by Messrs. Sharpe Pritchard & Co., Agents for Mr. Evart Pate, St. Austell) appeared on behalf of the Appellants (Restormel Borough Council).
MR. J.M. BOWYER (instructed by Miss Penelope Grant) appeared on behalf of the Respondent (Mr. Mallett).
I will ask Lord Scarman to deliver the first judgment.
LORD SCARMAN: Lord Russell has asked me to inform the court that he agrees with the judgment I am about to read.
Mr. Dennis Mallett lost his employment as a local government officer on the 1st February 1975? when by arrangement with his employers, the Restormel Borough Council, he was allowed to retire prematurely. On retirement he claimed a redundancy payment and compensation under the Local Government Act 1972. An industrial tribunal awarded him a redundancy payment but rejected his claim for compensation under the Act. Mr. Mallett appealed to the High Court. On the 21st March 1977 Mr. Justice Griffiths allowed the appeal and remitted the claim for compensation to a differently constituted industrial tribunal. The Restormel Council now appeals against the order of the High Court.
The Act re-organised local government in England and Wales. On the is April 1974 existing local government areas and councils disappeared, their place being' taken by new areas and councils. This was the effect of sections 1 and 2 of the Act, Two instruments made pursuant to the Act dealt with English non-metropolitan districts: 1972 No, 2039 which defined the new districts, and 1973 No, 551, which gave them their names. It is by reason of these sections and instruments that the Restormel Council succeeded the Newquay Urban District Council as the local authority for the Newquay district in the county of Cornwall.
Section 259 of the Act provides for the making of regulations to enable compensation to be paid to certain categories of persons whose employment or emoluments have been adversely affected by the Act, Subsection (l) of the section applies to this case. It requires the Minister to make regulations for the payment of compensation to local government officers and employees who suffer loss of employment (or emoluments) "which is eitherattributable to any provision of this Act or of any instrument made under this Act". The Local Government (Compensation) Regulations 1974 give effect, inter alia, to subsection (l). They include a provision which enables compensation to be paid in respect of an attributable loss arising within a period of 10 years from the 1st April 1974: the relevant regulations are (resettlement compensation) and 11 (long-term compensation).
Mr. Mallett's case is that his loss of employment is attributable to the reorganisation of local government effected by the Act and instruments made under the Act. The Council's case is that it is not. The relevant facts can be stated shortly, Mr. Mallett entered the employment of the Newquay Urban District Council in February 1935. In April 1973 he was appointed by the Council manager of St, Mawgan's airport. The airfield, which was the property of the Council, had been exclusively used by the R.A.P, until 1959, when civilian operations were permitted under the management of the Council. An arrangement was made for the supply of fuel from R.A.F. sources. In 1973 the R.A.F. informed the Council that they would have to terminate the arrangement at a date of which they would in due course give notice. This meant that the Council would have to find the finance and make arrangements for a supply of aircraft fuel for civilian operations. The Restormel Council was established in 1973, elections being held in that year. It was due to take over responsibility for the local government area which included the Newquay district on the 1st April 1974, when, under the provisions of the Act, the Newquay Council would cease to exist. On the 3rd January 1974 the Restormel Council offered to continue Mr. Mallett in his appointment as airport manager after the 1st April 1974. He accepted. However, early in 1974, the R.A.F. gave notice that they would be ceasing that year to provide aircraft fuel for civilian operations. The Restormel Council appointed a working party to investigate the consequences of the R.A.F. decision. InJuly the working party reported that it would not be possible for the Council to run the airport economically and recommended that the Council enter into an agency agreement with British Midland Airways under which the company would manage the airport and pay the Council a rent of £2,000 per annum. The Council accepted the recommendation and entered into an agreement with British Midland Airways on the terms...
To continue reading
Request your trial
-
Re Bristol Fund
...All E.R. Rep. 948; (1895), 64 L.J. Ch. 866; 39 Sol. Jo. 450; 72 L.T. 611; 11 T.L.R. 374, considered. (13) Mallett v. Restormel B.C., [1978] 2 All E.R. 1057; [1978] I.C.R. 725; (1978), 13 I.T.R. 246; 77 L.G.R. 1; 122 Sol. Jo. 178, dictum of Donaldson J., referred to. (14) Midland Coal Coke &......
- Fleming v Wandsworth London Borough Council
-
A.B. Fleming and Others (Appellants v The Mayor and Burgesses of the London Borough of Wandsworth (Respondents
...in accordance with the narrow construction placed upon it by the Court of Appeal in Mallett v. Restormel Borough Council, [1978] Industrial Cases Reports, 725 and Walsh.v. Rother District Council, in the same volume at p.1216; and fourthly, that he misdirected himself in law in purporting t......