Williams, R (On the Application Of) v Caerphilly County Borough Council

Williams, R (On the Application Of) v Caerphilly County Borough Council

The adoption of the Strategy was a broad policy decision not committing the council to specific expenditure or closure, and thus was within the cabinet's powers; neither detailed financial consideration nor statutory consultation under section 2 and 5 of the 2009 Measure was required at this stage.

Parties
Appellant: Shane Williams; Respondent: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
03 March 2020
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Cabinet Vs Full Council Powers, Statutory Interpretation, Public Sector Equality Duty, Consultation Requirements, Local Government (wales) Measure 2009, Local Government Act 2000
Administrative Law Local Government Law Cabinet Vs Full Council Powers Statutory Interpretation Public Sector Equality Duty Consultation Requirements Local Government (wales) Measure 2009 Local Government Act 2000

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Parties

Shane Williams

Appellant

Caerphilly County Borough Council

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether adoption of the Strategy was reserved to full council or cabinet
  2. 2 Whether cabinet failed to consider cost as a material consideration
  3. 3 Whether adoption of the Strategy triggered consultation obligations under section 2 and 5 of the Local Government (Wales) Measure 2009

Ratio Decidendi

The adoption of the Strategy was a broad policy decision not committing the council to specific expenditure or closure, and thus was within the cabinet's powers; neither detailed financial consideration nor statutory consultation under section 2 and 5 of the 2009 Measure was required at this stage.

Court Disposition

appeal dismissed

Orders

  • Appellant's appeal dismissed
  • Appellant to pay Respondent's costs as determined under Legal Aid, Sentencing and Punishment of Offenders Act 2012