Kent & Ors v Arun District Council & Ors

Kent & Ors v Arun District Council & Ors

The Council acted reasonably and properly in fearing a substantial risk of unlawful activity and was entitled to advise FPR; the decision to cancel the event was made independently by FPR; there is no arguable basis for the claim to succeed and permission is refused.

Parties
Claimant: Jon Kent; Claimant: Christopher John Newman; Defendant: Arun District Council; Interested Party: Owners/managers of Fontwell Racecourse; Intervener: Animal Protection Agency
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Permission refused; claim dismissed.
Legal Topics
Judicial Review, Local Authority Powers, Pet Animals Act 1951, Interpretation of Statutes
Administrative Law Criminal Law Judicial Review Local Authority Powers Pet Animals Act 1951 Interpretation of Statutes

Case Brief

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Parties

Jon Kent

Claimant

Christopher John Newman

Claimant

Arun District Council

Defendant

Owners/managers of Fontwell Racecourse

Interested Party

Animal Protection Agency

Intervener

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Arun District Council had power to prohibit or procure cancellation of the event
  2. 2 Whether criminal offences at such events are for criminal courts to determine
  3. 3 Whether the Council was wrong to form the view that offences might have been committed

Ratio Decidendi

The Council acted reasonably and properly in fearing a substantial risk of unlawful activity and was entitled to advise FPR; the decision to cancel the event was made independently by FPR; there is no arguable basis for the claim to succeed and permission is refused.

Court Disposition

Permission refused; claim dismissed.