Cowl & Ors v Plymouth City Council [2001] EWCA Civ 1935 (14 December 2001)

Cowl & Ors v Plymouth City Council [2001] EWCA Civ 1935 (14 December 2001)

There was no legal principle dividing the parties; the council's two-stage process for closure, with full assessment before any final move, was lawful. The complaints procedure or ADR should have been used to resolve issues before litigation. The appeal raised no point of legal principle and was dismissed.

Source-derived case information.

Citation
[2001] EWCA Civ 1935
Parties
Appellants: Frank Cowl & ors; Respondents: Plymouth City Council
Jurisdiction
England and Wales
Judgment Date
14 December 2001
Procedural Posture
Judicial Review / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Judicial Review, Alternative Dispute Resolution, Closure of Care Homes, Legitimate Expectation, Community Care Assessment, Human Rights Act 1998, ECHR Articles 2, 3, 8
Administrative Law Public Law Human Rights Judicial Review Alternative Dispute Resolution Closure of Care Homes Legitimate Expectation Community Care Assessment +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Frank Cowl & ors

Appellants

Plymouth City Council

Respondents

Procedural Posture

Judicial Review / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the closure of Granby Way residential home was lawful without prior comprehensive assessment of residents' needs
  2. 2 Whether the claimants had a legitimate expectation of a 'home for life'
  3. 3 Whether the complaints procedure or ADR should have been used before litigation

Ratio Decidendi

There was no legal principle dividing the parties; the council's two-stage process for closure, with full assessment before any final move, was lawful. The complaints procedure or ADR should have been used to resolve issues before litigation. The appeal raised no point of legal principle and was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs; order for costs not to be drawn up for six weeks; liberty to apply to commission; if application is made, Court of Appeal to hear argument before order becomes final.
  • Parties to proceed with agreed complaints review panel and reconsideration process as set out in annexed agreement.