Lee Qualter Commercial Reduction Services Ltd & Anor v Crown Court At Preston [2019] EWHC 2563 (Admin) (03 October 2019)

Lee Qualter Commercial Reduction Services Ltd & Anor v Crown Court At Preston [2019] EWHC 2563 (Admin) (03 October 2019)

The investigation by Cheshire West and Chester Council was lawful. The expediency test in Section 222(1) of the Local Government Act 1972 applies only to prosecution, not to investigation or applications for investigatory orders. CWAC had power to investigate under Section 1 of the Localism Act 2011, Sections 101 and 111 of the Local Government Act 1972, and the delegation of powers from Lancashire County Council was lawful. There was no requirement for a prior decision on expediency at the investigation stage.

Citation
[2019] EWHC 2563 (Admin)
Parties
Claimant: Lee Qualter; Claimant: Commercial Reduction Services Ltd; Claimant: Commercial Energy Ltd; Claimant: Energy Search Ltd; Defendant: Crown Court at Preston; First Interested Party: Cheshire West and Chester Council; Second Interested Party: BES Commercial Electricity Limited; Third Interested Party: Business Energy Solutions Limited; Fourth Interested Party: BES Water Limited; Fifth Interested Party: Commercial Power Limited; Sixth Interested Party: Andrew Pilley; Seventh Interested Party: Michelle Davidson
Jurisdiction
England and Wales
Judgment Date
03 October 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Local Authority Powers, Judicial Review, Delegation of Functions, Trading Standards, Money Laundering Investigation, Fraud Investigation
Administrative Law Local Government Law Criminal Law Local Authority Powers Judicial Review Delegation of Functions Trading Standards Money Laundering Investigation +1 more

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Parties

Lee Qualter

Claimant

Commercial Reduction Services Ltd

Claimant

Commercial Energy Ltd

Claimant

Energy Search Ltd

Claimant

Crown Court at Preston

Defendant

Cheshire West and Chester Council

First Interested Party

BES Commercial Electricity Limited

Second Interested Party

Business Energy Solutions Limited

Third Interested Party

BES Water Limited

Fourth Interested Party

Commercial Power Limited

Fifth Interested Party

Andrew Pilley

Sixth Interested Party

Michelle Davidson

Seventh Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Cheshire West and Chester Council (CWAC) had lawful power to investigate and apply for production orders in relation to alleged fraud and money laundering by the claimants and interested parties
  2. 2 Whether the absence of a decision on expediency under Section 222(1) of the Local Government Act 1972 rendered the investigation ultra vires
  3. 3 Whether the delegation of investigative powers from Lancashire County Council to CWAC was lawful

Ratio Decidendi

The investigation by Cheshire West and Chester Council was lawful. The expediency test in Section 222(1) of the Local Government Act 1972 applies only to prosecution, not to investigation or applications for investigatory orders. CWAC had power to investigate under Section 1 of the Localism Act 2011, Sections 101 and 111 of the Local Government Act 1972, and the delegation of powers from Lancashire County Council was lawful. There was no requirement for a prior decision on expediency at the investigation stage.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is refused.