Williams v Devon County Council
The TRO imposed a restriction on the passage of public service vehicles within the meaning of regulation 9 of the 1996 Regulations, and the judge was correct to quash the TRO for failure to hold a public inquiry. The substitution of Ms Williams as claimant was proper under CPR Part 19.
- Parties
- Claimant/respondent: Sarah Jane Williams; Defendant/appellant: Devon County Council
- Jurisdiction
- England and Wales
- Judgment Date
- 19 April 2016
- Procedural Posture
- Judicial Review / Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Statutory Construction, Traffic Regulation Orders, Public Inquiries, Standing in Judicial Review
Case Brief
Summary, issues, holding and outcome
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Parties
Sarah Jane Williams
Claimant/respondent
Devon County Council
Defendant/appellant
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the Traffic Regulation Order (TRO) 'restricted' the passage of public service vehicles within the meaning of regulation 9 of the 1996 Regulations
- 2 Whether the action could proceed in the name of Ms Williams after substitution for the Sustainable Totnes Action Group
- 3 Whether the defendant complied with section 122 of the Road Traffic Regulation Act 1984
Ratio Decidendi
The TRO imposed a restriction on the passage of public service vehicles within the meaning of regulation 9 of the 1996 Regulations, and the judge was correct to quash the TRO for failure to hold a public inquiry. The substitution of Ms Williams as claimant was proper under CPR Part 19.
Court Disposition
Appeal dismissed
Orders
- TRO remains quashed
- No need to consider section 122 issue
Full Case Text
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