Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Public law and Regulation

Case reports and guidance on public law and professional regulation issues

21 SEP 2011

R (Albert Court Residents' Association) v Westminster City Council [2011] EWCA Civ 430, [2011] JPLO (Sept)

Licensing – legitimate expectations – statutory schemes

13 April 2011
Court of Appeal (Civil Division)
Stanley Burton LJ; Lloyd LJ; Wilson LJ

Where a statutory scheme imposes certain duties, a court cannot frustrate the statutory scheme by upholding a legitimate expectation.
On appeal from
R (Albert Court Residents’ Association) v Westminster City Council [2010] EWHC 393 (Admin) (McCombe J)
(1) The Corporation of Arts and Sciences (CAS) and Westminster City Council appealed (WCC) against the quashing order granted by McCombe J against a decision to vary CAS’s premises licence. The respondent residents association (ACRA) had not been notified of the proposed change by WCC. Although they managed to submit representations they were outside the statutory period. WCC refused to consider the representations. ACRA were granted relief at first instance because ACRA’s legitimate expectation to be notified had been frustrated. CAS appealed on the ground that ACRA had no legitimate expectation to be notified; WCC appealed on the ground that even if ACRA had legitimate expectation, this could not frustrate its statutory duty to grant the variation.

To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).

To request a free trial click here and select Jordans Public Law online from the drop down menu.

Education Law Reports

Education Law Reports

Comprehensive and reliable reporting service.

More Info from £164.00
Available in Lexis®Library
Education Law Journal

Education Law Journal

This title has now been discontinued.