Centerprise Trust Ltd, R (on the application of) v London Borough Of Hackney [2002] EWCA Civ 967 (2 July 2002)

Centerprise Trust Ltd, R (on the application of) v London Borough Of Hackney [2002] EWCA Civ 967 (2 July 2002)

There was no clear or unambiguous commitment by the council to provide annual funding for the Mare de Gras festival, nor credible evidence of an express assurance; the council's scoring system was properly applied; no evidence of bias in the appeal process was established; and the council was not obliged to consult Centerprise before deciding to sell the property. Accordingly, none of the grounds advanced had a real prospect of success.

Citation
[2002] EWCA Civ 967
Parties
Claimant/applicant: Centerprise Trust Limited; Defendant/respondent: Mayor and Burgesses of the London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
02 July 2002
Procedural Posture
Judicial Review Application / Application for Permission to Appeal (post Refusal of Permission for Judicial Review)
Outcome
Application for permission to appeal refused
Legal Topics
Legitimate Expectation, Judicial Review, Bias, Procedural Impropriety, Grant Funding, Public Law Vs Private Law
Administrative Law Local Government Law Legitimate Expectation Judicial Review Bias Procedural Impropriety Grant Funding Public Law Vs Private Law

Case Brief

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Centerprise Trust Limited

Claimant/applicant

Mayor and Burgesses of the London Borough of Hackney

Defendant/respondent

Procedural Posture

Judicial Review Application / Application for Permission to Appeal (post Refusal of Permission for Judicial Review)

Legal Issues

  1. 1 Whether the council's refusal to fund the Mare de Gras festival breached a legitimate expectation
  2. 2 Whether there was bias in the council's appeal process
  3. 3 Whether the council's decision to sell property leased to Centerprise was procedurally improper and susceptible to judicial review

Ratio Decidendi

There was no clear or unambiguous commitment by the council to provide annual funding for the Mare de Gras festival, nor credible evidence of an express assurance; the council's scoring system was properly applied; no evidence of bias in the appeal process was established; and the council was not obliged to consult Centerprise before deciding to sell the property. Accordingly, none of the grounds advanced had a real prospect of success.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused