Stamford Chamber of Trade & Commerce and Anor, R (on the application of) v The First Secretary of State for Communities & Local Government & Anor [2010] EWCA Civ 992 (23 June 2010)

Stamford Chamber of Trade & Commerce and Anor, R (on the application of) v The First Secretary of State for Communities & Local Government & Anor [2010] EWCA Civ 992 (23 June 2010)

The appeal was dismissed on the basis that the issue had become moot due to supervening events, and there was no longer any practical utility in determining the substantive merits of the legitimate expectation claim.

Citation
[2010] EWCA Civ 992
Parties
Appellants: Stamford Chamber of Trade and Commerce and Anr; Respondents: First Secretary of State for Communities and Local Government and Anr
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Legitimate Expectation, Consultation Obligations, Planning Policy, Judicial Review, Mootness
Administrative Law Planning Law Public Law Legitimate Expectation Consultation Obligations Planning Policy Judicial Review Mootness

Case Brief

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Parties

Stamford Chamber of Trade and Commerce and Anr

Appellants

First Secretary of State for Communities and Local Government and Anr

Respondents

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the District Council was under a legal obligation to consult before deciding not to request the Secretary of State to save Policy T1
  2. 2 Whether a legitimate expectation of consultation arose
  3. 3 Whether the appeal should be entertained given the matter had become academic/moot

Ratio Decidendi

The appeal was dismissed on the basis that the issue had become moot due to supervening events, and there was no longer any practical utility in determining the substantive merits of the legitimate expectation claim.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed