header-logo header-logo

01 August 2013
Issue: 7571 / Categories: Case law , Law digest , In Court
printer mail-detail

Local authority

R (on the application of Attfield) v London Borough of Barnet [2013] EWHC 2089 (Admin), [2013] All ER (D) 248 (Jul)

The defendant local authority decided to increase the charges for residents' parking permits and visitors vouchers in controlled parking zones in the borough pursuant to s 45 of the Road Traffic Regulation Act 1984 under which an authority had power to designate parking places on the highway, to charge for use of them and to issue parking permits for charge. The claimant, a resident of the borough, challenged the decision by way of judicial review, contending that the increase in charges was unlawful because its purpose was to generate a surplus, beyond the money needed to operate the parking scheme, to fund other transport expenditure, such as road repair and concessionary fares. The court ruled that the 1984 Act was not a taxing statute although the permit charges generated revenue for the local authority. A public body had to exercise a statutory power for the purpose for which the power had been conferred by Parliament, and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll