Knot Builders Ltd, R (On the Application Of) v Construction Industry Training Board [2024] EWHC 115 (Admin) (25 January 2024)

Knot Builders Ltd, R (On the Application Of) v Construction Industry Training Board [2024] EWHC 115 (Admin) (25 January 2024)

The Defendant acted unlawfully by fettering its discretion in relation to the 2015/16 grant application by failing to consider whether to depart from the temporal restriction in the policy, particularly in light of its own delay in registering the Claimant. The Defendant also breached the Claimant's legitimate expectation, created by clear and unqualified assurances in open court, that it would be eligible for grants if subject to levy. The Defendant further acted unlawfully by applying the 'Tripartite Requirement' to the 2015/16 and 2016/17 grant years, as this requirement was not part of the published policy for those years. However, the Defendant was entitled to refuse supplementary...

Citation
[2024] EWHC 115 (Admin)
Parties
Claimant: Knot Builders Limited (formerly Hudson Contract Services Ltd); Defendant: Construction Industry Training Board
Jurisdiction
England and Wales
Judgment Date
25 January 2024
Procedural Posture
Judicial Review / Final Judgment in the High Court, Administrative Court
Outcome
Claim allowed in part; decisions refusing grant for 2015/16 and 2016/17 quashed; matter remitted to Defendant for reconsideration in accordance with the judgment.
Legal Topics
Legitimate Expectation, Fettering of Discretion, Judicial Review of Public Body, Statutory Interpretation, Grant and Levy Schemes
Administrative Law Employment Law Public Law Legitimate Expectation Fettering of Discretion Judicial Review of Public Body Statutory Interpretation Grant and Levy Schemes

Case Brief

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Parties

Knot Builders Limited (formerly Hudson Contract Services Ltd)

Claimant

Construction Industry Training Board

Defendant

Procedural Posture

Judicial Review / Final Judgment in the High Court, Administrative Court

Legal Issues

  1. 1 Whether the Defendant unlawfully fettered its discretion by rigidly applying grant policy terms to the Claimant's application for training grants.
  2. 2 Whether the Defendant breached a legitimate expectation created by its representations regarding grant eligibility.
  3. 3 Whether the Defendant unlawfully applied unpublished or retrospectively imposed policy requirements (the 'Tripartite Requirement') to the Claimant's grant applications.

Ratio Decidendi

The Defendant acted unlawfully by fettering its discretion in relation to the 2015/16 grant application by failing to consider whether to depart from the temporal restriction in the policy, particularly in light of its own delay in registering the Claimant. The Defendant also breached the Claimant's legitimate expectation, created by clear and unqualified assurances in open court, that it would be eligible for grants if subject to levy. The Defendant further acted unlawfully by applying the 'Tripartite Requirement' to the 2015/16 and 2016/17 grant years, as this requirement was not part of the published policy for those years. However, the Defendant was entitled to refuse supplementary...

Court Disposition

Claim allowed in part; decisions refusing grant for 2015/16 and 2016/17 quashed; matter remitted to Defendant for reconsideration in accordance with the judgment.

Orders

  • Decisions One and Two of 26 June 2020 quashed insofar as they relate to refusal of grant for 2015/16 and 2016/17.
  • Defendant to reconsider the Claimant's grant applications for 2015/16 and 2016/17 in accordance with the judgment and without fettering discretion or applying unpublished criteria.