Illegality Flashcards
Attorney General v Fulham Corporation [1921]
Facts: the corporation had a statutory obligation (against disease) to provide washhouses for the poor. The authority sought to open a commercial laundry under this power.
Held: the purpose of the power was to provide washing facilities to the very poorest in the community. Opening a commercial laundry which would change money to clean clothes was clearly not within the power and so was ultra vires.
R v Richmond upon Thames London Borough Council, ex parte McCarthy & Stone Ltd [1992]
Facts: the Council was required to consider planning applications, but also introduced a system of ‘informal consultations’ for which they charged £25.
Held: the HoL held that, although the system of ‘informal consultations’ was helpful, there was no power to levy the £25 charge. Therefore, ultra vires. Lord Lowry: ‘the rule is that a charge can not be made unless the power to charge is given by express words or by necessary implication.’
Relevant and irrelevant decisions, case:
R v Port Talbot Borough Council, ex parte Jones [1988]
Facts: a councillor was granted a tenancy on a Council house ahead of the waiting list. Council justified this on the basis that the councillor needed to live within the Borough she represented and needed a house to carry out her work for the council.
Held: this was an irrelevant factor and so the decision was ultra vires. Council should base decisions on need and on the waiting list. Nolan J: ‘the decision was unfair to others on the housing list and was an abuse of power.’
Unauthorised delegation of powers case:
Barbara v National Dock Labour Board [1953]
Facts: the National Board has the power to discipline its members, but delegated this power to port managers.
Held: the delegation was unlawful and so any disciplinary powers exercised by the port managers were ultra vires. Denning LJ: ‘there is nothing in this scheme authorising the board to delegate this function, and it cannot be implied.’
