Littlewood & Anor v Powys County Council

Littlewood & Anor v Powys County Council

The Estate Agents Act 1979, as construed, requires that if oral representations are requested, they must be made directly and face to face to the adjudicator who is the effective decision maker. The procedure adopted by Powys County Council, which provides for oral representations to be made to an investigator with the adjudicator only receiving a recording or transcript, does not comply with the requirements of the Act and is unlawful.

Parties
Claimant: Christian Littlewood; Claimant: Angie Littlewood; Respondent: Powys County Council
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review allowed; Powys County Council's proposed procedure declared unlawful.
Legal Topics
Procedural Fairness, Statutory Construction, Regulatory Procedure, Right to Oral Representations
Administrative Law Statutory Interpretation Procedural Fairness Statutory Construction Regulatory Procedure Right to Oral Representations

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Parties

Christian Littlewood

Claimant

Angie Littlewood

Claimant

Powys County Council

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Estate Agents Act 1979 requires that oral representations be made directly and face to face to the adjudicator (decision maker), or whether it is lawful for them to be made to an investigator with the adjudicator only receiving a recording or transcript.

Ratio Decidendi

The Estate Agents Act 1979, as construed, requires that if oral representations are requested, they must be made directly and face to face to the adjudicator who is the effective decision maker. The procedure adopted by Powys County Council, which provides for oral representations to be made to an investigator with the adjudicator only receiving a recording or transcript, does not comply with the requirements of the Act and is unlawful.

Court Disposition

Claim for judicial review allowed; Powys County Council's proposed procedure declared unlawful.

Orders

  • Powys County Council must ensure that oral representations are heard directly and face to face by the adjudicator in accordance with the Act.