Cases by Area of Law


R (Cornwall County Council) v Secretary of State for Health and Wiltshire, South Gloucestershire and Somerset Council’s

(2015) UKSC 46

Barrister: David Fletcher
Area of Law: Administrative Law 
Summary: This landmark ruling by the Supreme Court gives important guidance to local authorities responsible for care for the disabled as to the allocation of financial responsibility where disabled persons lacking mental capacity are placed out of county, and as to the proper interpretation of ‘ordinary residence’. David acted for Somerset Council, whose interpretation of ‘ordinary residence’ was accepted by the Supreme Court.

For a more detailed discussion about this case: Landmark ruling on funding for the disabled

R (on the application of Valley Wood Resources) v Exeter City Council

[2015] Admin Court

Barrister: Roy Light
Area of Law: Licensing
Summary: The Defendant, Exeter City Council, in 2013 adopted a nil policy for the number of sexual entertainment venues (SEVs) in its area. The Claimant, Valley Wood Resources Limited, owned and operated an SEV which the Defendant licensed as an exception to its policy in 2014 but refused to renew in 2015. The Claimant unsuccessfully sought an appeal to the magistrates’ court and commenced judicial review proceedings.

The grounds basically were that the Defendant considered the premises an exception to the policy in 2014 and should have done so at renewal in 2015 as there had been no change in circumstances, no objection from the police and the premises had been run well. It was argued that the Defendant’s reasons were inadequate.

Such challenges have not found favour in four recent High Court reviews (one reaching the Court of Appeal). Nor did they here, Mrs Justice Laing refused permission on this and a subsequently added bias/pre-determination ground (finding no evidence to support the latter ground).

Her Ladyship found that the Defendant’s committee were well aware of the previous grant, were specifically directed by their legal advisor to give it due weight, were well aware of their duty and gave adequate reasons for departing from the previous decision; the committee took a wholly different view of the nature of the locality and the appropriateness of an SEV in that locality.

Jones (suing on behalf of the Bristol branch of the National Taxi Association) v First Greater Western Ltd

[2014] EWCA Civ 301

Barrister: David Fletcher
Area of Law: Administrative Law / Commercial Dispute Resolution / Licensing
Summary: A representative action brought on behalf of Bristol taxi drivers seeking to strike down the recently introduced permit scheme introduced by FGW on the basis that it was contrary to the Taxi Byelaws.

R (Buckinghamshire County Council and others) v Secretary of State for Transport and HS2 Ltd

[2013] EWHC 481 (Admin)

Barrister: David Fletcher
Area of Law: Administrative Law and Planning
Summary: David was instructed by Aylesbury Park Golf Club and Buckinghamshire farmers to seek Judicial Review of the Government’s decision in June 2012 to proceed with the London to Birmingham link of the High Speed train (HS2). This action was tried jointly with four other Judicial Review applications. The principal issue was failure to engage in meaningful and conscientious consultation with owners of land affected by the route.

Charles Terence Estates Ltd v Cornwall Council

[2013] 1 WLR 466, [2013] BLGR 97, [2013] HLR 12, [2013] PTSR 175

Barrister: Guy Adams
Area of Law: Commercial Dispute Resolution and Administrative Law


Summary:
Acting for a local authority in Court of Appeal on appeal from judgment setting aside long leases for lack of vires and restitution of rent and grant monies paid. Raises significant issues about the relationship between public and private law concepts of ultra vires.

EU Plants Ltd v Wokingham Borough Council

[2013] EWCA Civ 1542

Barrister: David Fletcher
Area of Law: Administrative Law
Summary: David has recently pursued in the Court of Appeal a Judicial Review application relating to alleged abuse of tree preservation order powers by a local authority.