Page, R (On the Application Of) v Darlington Borough Council

Page, R (On the Application Of) v Darlington Borough Council

The consultations conducted by the Council were fair and did not breach the Gunning principles; no clear and unambiguous legitimate expectation was created; the Council did not act irrationally or with conspicuous unfairness. The claim fails on all grounds.

Parties
Claimant: Brenda Page; Defendant: Darlington Borough Council
Jurisdiction
England and Wales
Judgment Date
16 July 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Consultation, Legitimate Expectation, Public Law, Library Closure, Procedural Fairness
Administrative Law Local Government Law Consultation Legitimate Expectation Public Law Library Closure Procedural Fairness

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Parties

Brenda Page

Claimant

Darlington Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the consultations conducted by Darlington Borough Council regarding the closure of Crown Street Library breached the Gunning principles
  2. 2 Whether the Council's conduct gave rise to a legitimate expectation
  3. 3 Whether the Council acted irrationally or with conspicuous unfairness

Ratio Decidendi

The consultations conducted by the Council were fair and did not breach the Gunning principles; no clear and unambiguous legitimate expectation was created; the Council did not act irrationally or with conspicuous unfairness. The claim fails on all grounds.

Court Disposition

Claim dismissed