Windsor and Maidenhead, R (on the application of) v Dewar & Ors
The application failed because the letter relied upon did not constitute a clear and unambiguous representation by the Joint Committee, it was not reasonable for the Royal Borough to rely on it, and the statutory requirement was for party balance across the area, not individual council representation. The Joint Committee's decision was not irrational.
- Parties
- Claimant: Royal Borough of Windsor and Maidenhead; Defendant: Dewar and Others
- Jurisdiction
- England and Wales
- Judgment Date
- 06 February 2003
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- application dismissed
- Legal Topics
- Legitimate Expectation, Irrationality, Appointment of Police Authority Members
Case Brief
Summary, issues, holding and outcome
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Parties
Royal Borough of Windsor and Maidenhead
Claimant
Dewar and Others
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Joint Committee's refusal to appoint the Conservative nominee breached a legitimate expectation
- 2 Whether the Joint Committee's decision was irrational
Ratio Decidendi
The application failed because the letter relied upon did not constitute a clear and unambiguous representation by the Joint Committee, it was not reasonable for the Royal Borough to rely on it, and the statutory requirement was for party balance across the area, not individual council representation. The Joint Committee's decision was not irrational.
Court Disposition
application dismissed
Orders
- Application for judicial review dismissed
- Summary assessment of costs ordered at £14,500
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