R v Brent London Borough Council, ex parte Gunning

JurisdictionEngland & Wales
Date1985
CourtQueen's Bench Division
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208 cases
  • Virgin Islands Environmental Council v Attorney General
    • British Virgin Islands
    • High Court (British Virgin Islands)
    • 21 September 2009
    ...purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken: R v Brent London Borough Council, Ex p Gunning65. 72 As part of the consultative process, Dr. Nurse issued his First Report in September 2006 wherein he stated: ‘Thus, gi......
  • R (on the application of Moseley) v Haringey London Borough Council
    • United Kingdom
    • Supreme Court
    • 29 October 2014
    ...scheme for application to all the inhabitants of our Borough, should we make one in the terms which we here propose?" 25 In R v Brent London Borough Council, ex p Gunning, (1985) 84 LGR 168 Hodgson J quashed Brent's decision to close two schools on the ground that the manner of its prior c......
  • R Brenda Page v Darlington Borough Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 16 July 2018
    ...of the Claimant's challenge to both consultations consists of alleged breach of the Gunning principles, a reference to R v Brent London Borough Council, ex p Gunning (1985) 84 LGR 168, where the Court recorded submissions advanced by Counsel about the requirements for a fair consultation. T......
  • R (on the application of the Friends of Finsbury Park) v Haringey London Borough Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 22 June 2016
    ...Borough Council [2014] 1 WLR 3947, Lord Wilson (at para 25) endorsed the submission of Mr Stephen Sedley QC (as he then was) in R v Brent London Borough Council, ex p Gunning [1985] 84 LGR 168, accepted by Hodgson J, as to the essential basic requirements if the consultation process is to h......
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4 firm's commentaries
  • Public Law Case Update - Consultation Edition
    • United Kingdom
    • Mondaq UK
    • 27 November 2018
    ...public law requirements. Footnotes 1 Formulated by Stephen Sedley QC (as he then was) in R v London Borough of Brent ex parte Gunning [1985] 84 LGR 168 2 R (Moseley) v LB Haringey [2014] UKSC 56 Read the original article on GowlingWLG.com The content of this article is intended to provide a......
  • Courts Consider Public Authorities' Duty To Consult
    • United Kingdom
    • Mondaq UK
    • 15 August 2023
    ...to which the common law requirements of fair consultation applied, as outlined in R v Brent London Borough Council ex p Gunning (1985) 84 LGR 168 ("Gunning"), namely that: (1) the consultation must be at a time when the proposals are still at formative stage; (2) the proposer must give suff......
  • High Court Clarifies Scope Of Challenges To Consultations On Primary Legislation
    • United Kingdom
    • Mondaq UK
    • 6 April 2022
    ...requirements for lawful consultation, in particular the Gunning principles derived from R v Brent London Borough Council, ex p Gunning (1985) 84 LGR 168. Permission for judicial review was refused on the papers, and the Claimants renewed their application for permission at an oral The Court......
  • Public Sector - Decision Making
    • United Kingdom
    • Mondaq United Kingdom
    • 4 March 2010
    ...as the Sedley Requirements (having been set out by Stephen Sedley, QC in the case R v Brent London Borough Council, ex parte Gunning (1985) 84 LGR 168)). The Sedley Requirements Consultation must be made at a time when proposals are at a formative stage; Sufficient reasons for the proposal ......
3 books & journal articles
  • The importance of process and substance
    • South Africa
    • Southern African Public Law No. 32-1&2, August 2017
    • 1 August 2017
    ...to Lord Wilson, the requirements of a fair consultation are as summarised in the case of R v Brent London Borough Council, Ex p Gunning (1985) 84 LGR 168: First, that consultation must be at a time when proposals are still at a formative stage. Second, that the proposer must give sucient r......
  • The importance of process and substance
    • South Africa
    • Southern African Public Law No. 32-1-2, August 2017
    • 1 August 2017
    ...to Lord Wilson, the requirements of a fair consultation are as summarised in the case of R v Brent London Borough Council, Ex p Gunning (1985) 84 LGR 168: First, that consultation must be at a time when proposals are still at a formative stage. Second, that the proposer must give sucient r......
  • Entitlement to Socially-Covered Health Care vs. Priority Setting: ECJ'S Decomposition of the NHS?
    • United Kingdom
    • European Journal of Social Security No. 13-3, September 2011
    • 1 September 2011
    ...must be conscientiously taken into account when the ultimate decision is taken: R v Brent London Borough Council, ex parte Gunning (1985) 84 LGR 168.’47 The Court did not find any significant procedural flaw in the case in 2.4.4. Human rights Another possibility is to use human rights prote......

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