Buck v Doncaster Metropolitan Borough Council

Buck v Doncaster Metropolitan Borough Council

Permission to appeal is granted because the arguments concerning the division of powers between the mayor/cabinet and the full council, especially under Schedule 4 of the 2000 Regulations, raise important issues that merit consideration by the Court of Appeal.

Parties
Respondent: Buck; Appellant: Doncaster Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
23 January 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Budgetary Powers, Division of Powers, Local Authority Governance, Libraries Funding
Local Government Law Administrative Law Budgetary Powers Division of Powers Local Authority Governance Libraries Funding

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Parties

Buck

Respondent

Doncaster Metropolitan Borough Council

Appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Mayor and cabinet's refusal to implement a council amendment on library funding was lawful
  2. 2 Interpretation of section 31A(1) and (2) of the Local Government Finance Act 1992
  3. 3 Interpretation of Schedule 4, paragraphs (2) and (3) of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000

Ratio Decidendi

Permission to appeal is granted because the arguments concerning the division of powers between the mayor/cabinet and the full council, especially under Schedule 4 of the 2000 Regulations, raise important issues that merit consideration by the Court of Appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted