R v Braintree District Council, ex parte Willingham

JurisdictionEngland & Wales
Date1982
Year1982
CourtDivisional Court
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4 cases
  • Stoke-on-Trent City Council v B & Q (Retail) Ltd
    • United Kingdom
    • House of Lords
    • 17 May 1984
    ...penalty. I also agree with Lord Roskill's observations on certain passages in the extempore judgment of the Court of Appeal in Reg. v. Braintree District Council, Ex parte Willingham (1982) 81 L.G.R. 70, in reaching what I do not doubt was a correct decision refusing judicial review in tha......
  • Stoke-on-Trent City Council v B & Q (Retail) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 April 1983
    ...complaints, disgruntled traders may try to make them enforce the Act by means of a judicial review. This is what happened in R v. Braintree District Council (1982) 81 L.G. Reports 70. The Divisional Court adjudged that the Council did not have a general discretion to decide whether or not t......
  • Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd
    • United Kingdom
    • House of Lords
    • 25 June 1992
    ...which authorities are subsequently empowered to commence in their own name. Such was the conclusion of the Divisional Court in Reg. v. Braintree District Council, Ex parte Willingham (1982) 81 L.G.R. 70, a case cited with approval in Stoke-on-Trent City Council v. B. &. Q. (Retail) Ltd. [1......
  • R v Kirklees Metropolitan Borough Council and Another
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 27 July 1993
    ...at the various authorities referred to before us. First, I look at Regina -v- Braintree District Council, ex parte Willingham [1983] 81 Local Government Reports 70. This case concerned the operation of a Sunday market. Three members of the local Chamber of Commerce complained that the Counc......

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