Source: All England Reporter
Publisher Citation: [2001] All ER (D) 237 (Feb)
Court: Court of Appeal, Civil Division

Schiemann, Sedley LJJ and Blackburne J

Representation Robert McCracken and Adam Solomon (instructed by Hill Dickinson) for the applicant.
  Clive Lewis (instructed by Peter Evans) for the council.
Judgment Dates: 20 February 2001


Local government - Councillor - Meeting - Agenda - Standing order requiring that motion be seconded before put on agenda - Whether requirement ultra vires enabling legislation - Whether procedure by which standing order adopted flawed - .

The Case

On the facts of the instant application for judicial review of the council amendment of a standing order so as to provide that motions would not be put on the agenda unless the motion had been seconded, the procedure adopting it was so procedurally imperfect, in that the council had not considered the democratic disadvantages to a lone councillor in passing the amendment, that the standing order would be quashed.

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