Littlehampton Harbour Board, R (On the Application Of) v Arun District Council [2024] EWHC 3293 (Admin) (18 December 2024)

Littlehampton Harbour Board, R (On the Application Of) v Arun District Council [2024] EWHC 3293 (Admin) (18 December 2024)

Section 19 of the West Sussex County Council Act 1972 includes any lawful expenditure for statutory purposes, including capital expenditure, subject to the s.21 duty and Bromley principles; the Defendant erred in law by construing s.19 as limited to budgetary balancing and excluding capital expenditure.

Citation
[2024] EWHC 3293 (Admin)
Parties
Claimant: Littlehampton Harbour Board; Defendant: Arun District Council; Interested Party: West Sussex County Council; Interested Party: Department for Transport
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed; decision of Arun District Council quashed.
Legal Topics
Statutory Construction, Fiduciary Duty, Public Finance, Harbour Authority Duties, Business Principles in Public Bodies
Administrative Law Local Government Law Statutory Interpretation Statutory Construction Fiduciary Duty Public Finance Harbour Authority Duties Business Principles in Public Bodies

Case Brief

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Parties

Littlehampton Harbour Board

Claimant

Arun District Council

Defendant

West Sussex County Council

Interested Party

Department for Transport

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether capital expenditure for infrastructure works falls within the scope of s.19 of the West Sussex County Council Act 1972
  2. 2 Whether Arun District Council erred in law by refusing to pay sums requested under s.19
  3. 3 Application of Bromley principles and s.21 duty to harbour board financial requests

Ratio Decidendi

Section 19 of the West Sussex County Council Act 1972 includes any lawful expenditure for statutory purposes, including capital expenditure, subject to the s.21 duty and Bromley principles; the Defendant erred in law by construing s.19 as limited to budgetary balancing and excluding capital expenditure.

Court Disposition

Claim allowed; decision of Arun District Council quashed.

Orders

  • Impugned decision quashed; Defendant to respond to updated request from Claimant in accordance with judgment.