London Borough of Tower Hamlets & Anor v Sherwood & Anor [2002] EWCA Civ 229 (18th February, 2002)

London Borough of Tower Hamlets & Anor v Sherwood & Anor [2002] EWCA Civ 229 (18th February, 2002)

Trading from permanent, purpose-built kiosks erected with the consent of the Council and the Tower is not 'street trading' within the meaning of Part III of the London Local Authorities Act 1990; the regulatory code does not apply to such permanent structures, and the claim for their removal fails.

Citation
[2002] EWCA Civ 229
Parties
Claimant/respondent: London Borough of Tower Hamlets; Claimant/respondent: Historic Royal Palaces; Defendant/appellant: Mrs Marion Sherwood; Defendant/appellant: Mrs Ann Miller
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Chancery Division
Outcome
Appeal allowed
Legal Topics
Street Trading Regulation, Highways Law, Licensing, Security of Tenure, Public Law, Statutory Interpretation
Administrative Law Local Government Law Property Law Street Trading Regulation Highways Law Licensing Security of Tenure Public Law +1 more

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Parties

London Borough of Tower Hamlets

Claimant/respondent

Historic Royal Palaces

Claimant/respondent

Mrs Marion Sherwood

Defendant/appellant

Mrs Ann Miller

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Chancery Division

Legal Issues

  1. 1 Whether trading from permanent kiosks constitutes 'street trading' under Part III of the London Local Authorities Act 1990
  2. 2 Whether the kiosks are 'receptacles' subject to removal under the Act
  3. 3 Whether the appellants have security of tenure or entitlement to a lease/licence for the kiosks

Ratio Decidendi

Trading from permanent, purpose-built kiosks erected with the consent of the Council and the Tower is not 'street trading' within the meaning of Part III of the London Local Authorities Act 1990; the regulatory code does not apply to such permanent structures, and the claim for their removal fails.

Court Disposition

Appeal allowed

Orders

  • Order of the Chancery Division set aside
  • Claim for injunction and removal of kiosks dismissed