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Ellesmere port tried to stitch up an applicant back in 1987.

Tudor v Ellesmere Port and Neston Borough Council
(1987) Times, 8 May

Court: QBD
Judgment Date: circa 1987

ADMINISTRATIVE LAW - JUDICIAL CONTROL - PROCEDURAL REQUIREMENTS AND THE RIGHT TO A FAIR HEARING - BREACH OF NATURAL JUSTICE - RIGHT TO NOTICE AND OPPORTUNITY TO BE HEARD - DUTY TO HEAR PARTIES — OPPORTUNITY TO BE HEARD — ALLEGATION MADE IN COURSE OF FINAL SPEECH TO COURT


An application to a local authority for two hackney carriage licences was refused. At the time, the relevant statutory provision was the Town Police Clauses Act 1847. The applicant unsuccessfully appealed against the decision. By the time of the appeal, the Transport Act 1985 s 16 was in force and the grounds relied upon by the authority in refusing the application were no longer available to it.

The applicant's appeal was dismissed on the grounds that she had failed to establish ownership of the two vehicles and she was not a fit and proper person to hold a licence. On appeal by way of case stated, held the suggestion that the applicant was not a fit and proper person did not emerge until the final speech made on behalf of the authority.

The requirements of natural justice had not been complied with because the applicant had not had an opportunity of answering or calling evidence to rebut the allegation. The appeal would be allowed and the matter remitted to a differently constituted court for rehearing.