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South Bucks DC v Flanagan and another

Series: Weekly Law Reports ; [2002] 1 WLR 2601-2609(9) | Journal of Planning and Environment Law ; [2002] JPL 1465-1473(8)Publication details: 2002Subject(s): Summary: CA 16 May 2002. The claimant council (SB) employed a solicitor (S) in private practice to prosecute breaches of two enforcement notices which required the removal of items from land owned by the first defendant (F) and occupied by the second defendant (J). S was authorised to discontinue the prosecution on certain conditions and agreed to withdraw the prosecutions and the enforcement notices at a hearing before the magistrates' court. SB subsequently applied for an injunction to force compliance with the notices. SB's appeal against the judgment that it was estopped from seeking injunctive relief was allowed. J appealed on the ground that the representation made by S to withdraw the enforcement notices gave rise to a legitimate representation that no further proceedings under these notices would be initiated. "Held" appeal dismissed. It was no part of the usual authority of a solicitor, appointed by a local planning authority to prosecute for a breach of an enforcement notice, to agree to a withdrawal of the underlying notice itself.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS65971 (Browse shelf(Opens below)) 1 Available 119979-1001

CA 16 May 2002. The claimant council (SB) employed a solicitor (S) in private practice to prosecute breaches of two enforcement notices which required the removal of items from land owned by the first defendant (F) and occupied by the second defendant (J). S was authorised to discontinue the prosecution on certain conditions and agreed to withdraw the prosecutions and the enforcement notices at a hearing before the magistrates' court. SB subsequently applied for an injunction to force compliance with the notices. SB's appeal against the judgment that it was estopped from seeking injunctive relief was allowed. J appealed on the ground that the representation made by S to withdraw the enforcement notices gave rise to a legitimate representation that no further proceedings under these notices would be initiated. "Held" appeal dismissed. It was no part of the usual authority of a solicitor, appointed by a local planning authority to prosecute for a breach of an enforcement notice, to agree to a withdrawal of the underlying notice itself.