Source: All England Reporter
Publisher Citation: [2003] All ER (D) 288 (Dec)
Neutral Citation: [2003] EWHC 3112 (Admin)
Court: Administrative Court
Judge:

Silber J

Representation Paul Brown (instructed by Bircham Dyson Bell) for the claimants in the first case.
  Monica Carss-Frisk QC (instructed by Appleby Shaw, Windsor) for the claimant in the second case.
  Michael Fordham and Ben Jaffey (instructed by Norton Rose) for the council.
  Joseph Harper QC (instructed by Dale & Newberry, Staines) for the tenants' association.
Judgment Dates: 16 December 2003

Catchwords

Administrative law - Judicial review - Public authority - Public authority freeholder of market - Public authority setting up committee in order to assist in selection of tenants for new markets - Unsuccessful applicants for tenancies bringing judicial review on last day of period prescribed - Promptness of application - Availability of remedy - Unfairness of decision.

The Case

Decisions refusing the claimants tenancies of units in a new market to be built by the council were quashed on the basis that the claimants should have been given the opportunity to comment on the information in the council's possession.

Practice Areas

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