Public law, Judicial review, District Council, administrative authority, retailing license
As much as Catford District Council has authority to issue retailing license to pet-shop owners and operators, the relevant statute provides discretion to the local authority to conduct consultations if necessary. The fact that the license was legally issued and Alya is not comfortable with the shop's operation on Sundays, gives rise to various grounds upon which the complainant may challenge the council's decision or at least, the procedure used in issuing the license.
[...] Sources Used Table of Cases Associated Provincial Pictures Houses Ltd v Wednesburry Corporation Chief Constable of Northern Waters v Evans Metropolitan Properties Company Ltd v Lennon Nadarajah v Home Secretary Ridge v Baldwin R v Fulham Corporation R v Milton Keynes Council R v North and East Devon Health Authority, exp Couglan Webb v The Queen White v Collins Table of Legislation Localism Act of 2011 Bibliography Fitzroy. Grounds of Review. May http://www.lawhandbook.org.au/handbook/ch21s02s06.php (accessed December 22, 2014). Harel, Alon, and Tsvi Kahara. "The Easy Core Case For Judicial Review." Journal of Legal Analysis, 2010: 227-256. Sellick, Joanne. [...]
[...] Key Facts: Constitutional and Administrative Law, Fourth Edition. London: Routledge Thapliyal, Arvind. India: Doctrine of Legitimate Expectation: Overview. June http://www.mondaq.com/india/x/320664/Constitutional+Administrative+Law/Doctr ine+ Of+Legitimate+Expectation+Overview (accessed December 22, 2014). [...]
[...] However, an officer at the council informed him that he should not worry, as only specialists in pet-selling business are required to apply for licensing. Acting in reliance of this assurance, Chester went ahead to implement his plan. He therefore did this, having a legitimate expectation that the local authority would keep its promise and not harass him in future for operating an illegal business. Therefore, the council's decision to prosecute Chester cannot stand, since the ground of legitimate expectation would act to protect him, as was held in R v North and East Devon Health Authority exp Coughlan. Illegality: In this context, illegality may be defined in two ways; acting or deciding unlawfully and acting or deciding beyond power or authority, as was defined in R v Fulham Corporations exparte Withan. According to the Pet Retailer Regulations of 2003, one can only be prosecuted and be required to pay the pre-determined fine of fifty thousand pounds, if they allowed the operation of pet-selling business in their premises without license. [...]
[...] This tends to suggest further that the license was not necessarily offered on merit. Chester's Case Considering the facts of this particular case scenario, Chester has strong grounds for judicial review in legitimate expectation and illegality, as discussed below in detail. Legitimate expectation: Legally speaking, legitimate expectation is not literally speaking a right, though it is enforceable under law. Legitimate expectation simply refers to the of a person to expect that a promise made by a local authority will be kept (Thapliyal 2014, 1). [...]
[...] Judicial review therefore exists to ensure that a decision or an action by an administrative body or official emanates from a fair procedure. The right to a fair hearing and the rule against bias as contained in the general principle of natural justice operate to ensure fairness. For instance, in Ridge v Baldwin, it was stated that a decision reached by a local authority in the absence of the complainant was not valid, as it did not provide the complainant a fair chance to have him heard. To provide remedies to those aggrieved by the decision or action of an administrative body or official: Judicial review seeks to heal wounds that might have been occasioned by a decision or an action taken by an administrative body. [...]
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