Horsnell v Boston Borough Council

Horsnell v Boston Borough Council

The Council was prohibited by statute from providing a market stall for political campaigning purposes, and any agreement for such a licence would be ultra vires and not binding; the claimant had at most a daily licence, and the Council was entitled and obliged to refuse renewal for political purposes.

Parties
Claimant: Richard Horsnell; Defendant: Boston Borough Council
Jurisdiction
England and Wales
Judgment Date
27 April 2005
Procedural Posture
Civil / Final Judgment
Outcome
claim dismissed
Legal Topics
Licensing, Political Neutrality, Public Law Duties, Termination of Licence, Freedom of Expression
Administrative Law Local Government Law Contract Law Licensing Political Neutrality Public Law Duties Termination of Licence Freedom of Expression

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Parties

Richard Horsnell

Claimant

Boston Borough Council

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Council can revoke a licence for a market stall used for political purposes
  2. 2 Whether the claimant had a contractual or public law right to continued use of the stall
  3. 3 Whether the Council's actions breached statutory obligations or the claimant's rights under Article 10 of the Convention

Ratio Decidendi

The Council was prohibited by statute from providing a market stall for political campaigning purposes, and any agreement for such a licence would be ultra vires and not binding; the claimant had at most a daily licence, and the Council was entitled and obliged to refuse renewal for political purposes.

Court Disposition

claim dismissed