Looe Fuels Ltd., R (on the application of) v Looe Harbour Commissioners [2007] EWHC 1141 (Admin) (27 April 2007)

Looe Fuels Ltd., R (on the application of) v Looe Harbour Commissioners [2007] EWHC 1141 (Admin) (27 April 2007)

The statutory powers of the Looe Harbour Commissioners, as set out in the 1848 Act and subsequent statutory instruments, do not expressly or impliedly authorise the buying and selling of fuel for vessels. Article 16 of the Looe Harbour Order 1920 does not extend to the sale of fuel as a service connected with shipping. The activity is not necessary or incidental to the Commissioners' statutory function of maintaining and improving the harbour. Therefore, the Commissioners' decision to operate a fuel facility and engage in buying and selling fuel is ultra vires and unlawful.

Citation
[2007] EWHC 1141 (Admin)
Parties
Claimant: Looe Fuels Limited; Defendant: Looe Harbour Commissioners
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed
Legal Topics
Statutory Interpretation, Ultra Vires, Judicial Review, Statutory Powers of Public Bodies
Administrative Law Public Law Statutory Interpretation Ultra Vires Judicial Review Statutory Powers of Public Bodies

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Parties

Looe Fuels Limited

Claimant

Looe Harbour Commissioners

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Looe Harbour Commissioners have statutory power to buy and sell fuel for vessels using Looe Harbour

Ratio Decidendi

The statutory powers of the Looe Harbour Commissioners, as set out in the 1848 Act and subsequent statutory instruments, do not expressly or impliedly authorise the buying and selling of fuel for vessels. Article 16 of the Looe Harbour Order 1920 does not extend to the sale of fuel as a service connected with shipping. The activity is not necessary or incidental to the Commissioners' statutory function of maintaining and improving the harbour. Therefore, the Commissioners' decision to operate a fuel facility and engage in buying and selling fuel is ultra vires and unlawful.

Court Disposition

Claim allowed

Orders

  • Declaration granted that the buying and selling of fuel for vessels is outside the statutory powers of the Commissioners.
  • Costs summarily assessed and awarded to the claimant in the amount of £17,750 including VAT.