Source: All England Reporter
Publisher Citation: [2002] All ER (D) 51 (Sep)
Court: Administrative Court

Forbes J

Representation Michael Fordham and Gemma White (instructed by Earthrights) for the claimants.
  Mark Hoskins (instructed by the Solicitor to the Deprtment of the Environment, Food and Rural Affairs) for the Secretary of State and the Environment Agency, as interested party.
Judgment Dates: 11 September 2002


Water and watercourses - Flooding - Protection of land from flooding - Secretary of State exercising discretion to award grant aid for flood-defence works - Scope of discretion - Whether supplementary documents issued by Secretary of State imposing obligations on Secretary of State - s 147.

The Case

There was no detailed statutory or regulatory scheme for the exercise of the Secretary of State's discretion to provide grant aid for the construction of drainage works under s147(1)(b) of the . Matters contained in documents issued by the Department of the Environment, Food and Rural Affairs were designed to provide non-binding guidance to authorities seeking grant aid, and not to impose any specific obligations on the Secretary of State.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.