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England and Wales Case Law

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Local government law

Middlewich Town Council v Middlewich Cemetery Joint Committee Board & Ors

The Court found that the Cemetery is owned by the Claimant and subject to the Local Government Act 1972, rendering the Tomlin Order void. The Defendants must deliver up all records and control of the Cemetery, provide an account for all funds, and explain discrepancies. The injunction is extended to the First to Sixth Defendants, including material relating to the Outlook email account and all relevant bank accounts. The Sixth and Seventh Defendants are not liable to provide an account or bear liability for misappropriated funds due to lack of involvement.

  • Statutory interpretation of local government act 1972
  • Delegation of statutory functions
  • Injunctions
  • Misappropriation of public funds
  • Bank account control
  • Provision of accounts
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