Farrell, R (on the application of) v Cheshire County Council (Rev 1) [2009] EWHC 260 (Admin) (03 February 2009)

Farrell, R (on the application of) v Cheshire County Council (Rev 1) [2009] EWHC 260 (Admin) (03 February 2009)

The decision to refuse the claimant a Cheshire badge was procedurally unfair and unlawful because the defendant failed to notify or publish the criteria to be applied, contrary to the requirements of natural justice and procedural fairness. The decision must be quashed and the defendant required to formulate and...

Source-derived case information.

Citation
[2009] EWHC 260 (Admin)
Parties
Claimant: John Farrell; Defendant: Cheshire County Council
Jurisdiction
England and Wales
Judgment Date
03 February 2009
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application for judicial review allowed; decision quashed; defendant required to formulate and publish criteria; costs to claimant.
Legal Topics
Procedural Fairness, Natural Justice, Licensing, Local Government, Judicial Review
Administrative Law Public Law Procedural Fairness Natural Justice Licensing Local Government Judicial Review

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Summary, issues, holding and outcome

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Parties

John Farrell

Claimant

Cheshire County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the defendant's failure to notify the claimant of the criteria for granting a Cheshire badge rendered the decision unlawful
  2. 2 Whether the absence of an oral hearing or irrationality further invalidated the decision

Ratio Decidendi

The decision to refuse the claimant a Cheshire badge was procedurally unfair and unlawful because the defendant failed to notify or publish the criteria to be applied, contrary to the requirements of natural justice and procedural fairness. The decision must be quashed and the defendant required to formulate and publish objective criteria for such applications.

Court Disposition

Application for judicial review allowed; decision quashed; defendant required to formulate and publish criteria; costs to claimant.

Orders

  • Application for judicial review allowed
  • Quashing order in respect of the decision dated 9 July 2007