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Timothy Straker QC and Edmund Robb (instructed by LB Hackney) for the Defendant
AS APPROVED BY THE COURT
CROWN COPYRIGHT ฉ
Crown Copyright ©
Mr Justice Hooper:
"The decision in question is documented in bundle 1, as follows:-
The cabinet report of 4 November 2002 commences at p36. You will note on p37 the recommendations to approve the plan and to delegate consultation and procurement to the Director of Community and Learning [Mr Hook] in consultation with the lead member [Councillor Stops].
The delegated report of 9 January 2003 commences at p60. Para 3.2 authorises officers to make the necessary Traffic Orders under s. 45."
Assistant Director (Planning and Transportation)
(The officer appointed for this purpose)"
"on the grounds-
(a) that it is not within the relevant powers, or
(b) that any of the relevant requirements has not been complied with in relation to the order,
he may, within six weeks from the date on which the order is made, make an application for the purpose to the High Court"
"Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever."
"The language does not admit of differentiations between degrees (if such there be) or grounds of invalidity, nor does it admit of differing constructions according as to whether the decision to make an order is judicial or administrative in character."
"An order, even if not made in good faith, is still an act capable of legal consequences. It bears no brand of invalidity on its forehead. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset, it will remain as effective for its ostensible purpose as the most impeccable of orders."
"the unfortunate consequence of denying a person aggrieved any possibility of challenge at all, either because he does not discover the grounds for challenging the decision until after the statutory period has elapsed or, indeed, because he does not even learn of the decision until after it is too late to challenge it." (Page 700).
"Such a determination is a juridical act, giving rise to legal consequences by virtue of the provisions of the statute. The nature of the required Act must therefore be ascertained from the terms of the statute, including any requirements prescribed by subordinate legislation "