Source: All England Reporter
Publisher Citation: [2002] All ER (D) 252 (Jul)
Court: Chancery Division

Hart J

Representation Robert Anderson (instructed by Stephenson Harwood) for the claimant.
  Stuart Cakebread (instructed by Jeffrey Green Russell) for the first defendant.
Judgment Dates: 16 July 2002


Local government - Wilful misconduct - Liability - Application for summary judgment - Certification by council's auditor upheld - Council seeking remedy under statute and court's equitable jurisdiction - Whether remedies available - Whether judgment should be stayed pending defendant's application to European Court of Human Rights - s 18.

The Case

The introduction of the statutory machinery of s18 of the Act did not necessarily exclude a corporation from bringing an action for an abuse of its own powers by way of a breach of trust. The legislation was an outside check on the exercise by a corporation of its own powers.

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