Richards & Anor, R (on the application of) v Pembrokeshire County Council [2004] EWCA Civ 813 (08 June 2004)

Richards & Anor, R (on the application of) v Pembrokeshire County Council [2004] EWCA Civ 813 (08 June 2004)

It would be unfair to the council to refuse admission of further evidence addressing new issues raised by the applicants' amended case; both parties should have the opportunity to respond to the new evidence.

Citation
[2004] EWCA Civ 813
Parties
Claimants/applicants: Paul D H Richards and Gillian A R Richards; Defendant/respondent: Pembrokeshire County Council
Jurisdiction
England and Wales
Judgment Date
08 June 2004
Procedural Posture
Judicial Review Appeal / Application to Adduce Further Evidence on Appeal
Outcome
Application to adduce further evidence allowed
Legal Topics
Ultra Vires, Admissibility of Evidence, Judicial Review, Harbour Regulations
Administrative Law Local Government Law Ultra Vires Admissibility of Evidence Judicial Review Harbour Regulations

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Parties

Paul D H Richards and Gillian A R Richards

Claimants/applicants

Pembrokeshire County Council

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Application to Adduce Further Evidence on Appeal

Legal Issues

  1. 1 Whether further evidence should be admitted on appeal following amendment of the applicant's case
  2. 2 Whether the parking regulations were ultra vires the council's powers under the Harbours Act 1964

Ratio Decidendi

It would be unfair to the council to refuse admission of further evidence addressing new issues raised by the applicants' amended case; both parties should have the opportunity to respond to the new evidence.

Court Disposition

Application to adduce further evidence allowed

Orders

  • Both parties permitted to file further evidence as specified
  • Applicants to file evidence in response by 3 pm on Friday 11 June 2004