R v Leeds City Council, ex parte Hendry
| Jurisdiction | England & Wales |
| Judgment Date | 14 December 1994 |
| Date | 14 December 1994 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's Bench Division
Before Mr Justice Latham
Judicial review - alternative statutory appeal - appropriate route to remedy
The existence of a statutory appeal procedure to challenge a decision by a public body did not automatically mean that that, rather than judicial review, was the appropriate route to adopt to secure the necessary remedy. Judicial review could be the appropriate procedure where that enabled a question of vires to be determined.
Mr Justice Latham, so held in the Queen's Bench Division when refusing on the ground of delay the application of Mr Wilson Hendry for judicial review of the decision of the respondent, Leeds City Council, refusing him a licence for a hackney carriage.
Mr Bryan Cox for the applicant; Mr Timothy Straker for the council.
MR JUSTICE LATHAM said that the grounds given by officers of the vehicle licensing department for refusing the licence were inconsistent with the policy, relating to rear seat belts and the age of the car, of the council's licensing committee. The decision was thus made without authority.
Mr Straker submitted that relief should, however, be refused because it was a case where a statutory proceeding under section 48(7) of the Local Government (Miscellaneous Provisions) Act 1976, offered a remedy through an application to the magistrates court and therefore the court should not allow an attack to be launched on the decision by judicial review.
But in his Lordship's judgment, the question that had to be...
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