Farrell, R (on the application of) v Cheshire County Council (Rev 1)

Farrell, R (on the application of) v Cheshire County Council (Rev 1)

The decision to refuse the claimant a Cheshire badge was procedurally unfair and unlawful because the defendant failed to notify or publish the criteria applied to the application, breaching principles of natural justice and procedural fairness.

Parties
Claimant: John Farrell; Defendant: Cheshire County Council
Jurisdiction
England and Wales
Judgment Date
03 February 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review allowed; decision quashed; defendant to formulate and publish criteria; costs to claimant.
Legal Topics
Procedural Fairness, Natural Justice, Licensing Criteria, Judicial Review
Administrative Law Employment Law Procedural Fairness Natural Justice Licensing Criteria Judicial Review

Case Brief

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Parties

John Farrell

Claimant

Cheshire County Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the 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 affected the lawfulness of 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 applied to the application, breaching principles of natural justice and procedural fairness.

Court Disposition

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

Orders

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