Aryubi, R (on the application of) v Birmingham City Council

Aryubi, R (on the application of) v Birmingham City Council

Ms Kennedy failed to make a clear finding of fact on whether the Claimants employed illegal workers, and based her decision to terminate the licences on concerns rather than findings, constituting a fundamental procedural error; therefore, the termination decision must be quashed and remitted for proper determination.

Source-derived case information.

Parties
Claimant: Qasim Aryubi; Claimant: Saber Nazary; Defendant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
17 March 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judicial review allowed; decision quashed; matter remitted for rehearing.
Legal Topics
Market Licensing, Disciplinary Procedures, Employment of Illegal Workers, Procedural Fairness
Administrative Law Employment Law Market Licensing Disciplinary Procedures Employment of Illegal Workers Procedural Fairness

Source-derived case record

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Parties

Qasim Aryubi

Claimant

Saber Nazary

Claimant

Birmingham City Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's decision to terminate the Claimants' market stall licences was lawful
  2. 2 Whether the disciplinary procedure under the 2006 Regulations was properly followed
  3. 3 Whether Ms Kennedy made proper factual findings before imposing the sanction of termination

Ratio Decidendi

Ms Kennedy failed to make a clear finding of fact on whether the Claimants employed illegal workers, and based her decision to terminate the licences on concerns rather than findings, constituting a fundamental procedural error; therefore, the termination decision must be quashed and remitted for proper determination.

Court Disposition

Judicial review allowed; decision quashed; matter remitted for rehearing.

Orders

  • The decision of Ms Kennedy dated 4 April 2014 is quashed.
  • The matter is remitted to the Council for rehearing by an appropriate appeal body.