Looe Fuels Ltd., R (on the application of) v Looe Harbour Commissioners

Looe Fuels Ltd., R (on the application of) v Looe Harbour Commissioners

The Commissioners' statutory powers do not include the buying and selling of fuel for vessels; such activity is neither expressly nor impliedly authorised by the relevant statutes or orders and is not incidental or necessary to the maintenance and improvement of the harbour.

Parties
Claimant: Looe Fuels Limited; Defendant: Looe Harbour Commissioners
Jurisdiction
England and Wales
Judgment Date
27 April 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Ultra Vires, Statutory Powers of Harbour Commissioners, Implied Powers, Public Bodies, Judicial Review
Administrative Law Statutory Interpretation Ultra Vires Statutory Powers of Harbour Commissioners Implied Powers Public Bodies Judicial Review

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Parties

Looe Fuels Limited

Claimant

Looe Harbour Commissioners

Defendant

Procedural Posture

Judicial Review / Final 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 Commissioners' statutory powers do not include the buying and selling of fuel for vessels; such activity is neither expressly nor impliedly authorised by the relevant statutes or orders and is not incidental or necessary to the maintenance and improvement of the harbour.

Court Disposition

Claim allowed

Orders

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