Killian Garvey Secures Dismissal of Injunction Proceedings on the Basis that the Council Lacked Delegated Powers

Killian Garvey Secures Dismissal of Injunction Proceedings on the Basis that the Council Lacked Delegated Powers

Killian Garvey represented Peter Annetts in the Birmingham High Court in injunctive proceedings brought by Malvern Hills District Council. It was raised as a preliminary issue that the Council had issued proceedings without legal authority to do so. This point was robustly resisted by the Council.

Through an exhaustive exploration of the Council’s scheme of delegation and internal rules, it was demonstrated to the Court that the Council had been relying on the wrong scheme of delegation and also that the officers authorised to issue such proceedings had not been consulted. Indeed, the Council erroneously believed that the relevant officers had sub-delegated their powers to enforcement officers, despite the scheme of delegation saying otherwise. HHJ Worster dismissed the claim and ordered the Council to pay most of the Defendant’s costs.

Killian was instructed by Tim Willis at Shoosmiths LLP

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