0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Cowl and Others v Plymouth City Council, Court of Appeal, 14 December 2001

14 January 2002
The issues

Judicial Review – closure of care home – alternative dispute resolution.

The facts

Plymouth City Council wished to close Granby Way Residential Care Home. The Claimant and 6 other residents of the Home sought Judicial Review of that decision.

The decision

The Appeal was dismissed. In so doing however Lord Woolf passed some remarks with regard to the applicability of ADR. He commented that litigants whether in cases involving public Authorities or not paid insufficient attention to resolving disputes by means of ADR. A Court should take an active role in this area and carefully scrutinise Applications for Judicial Review and make sure using their powers under the Civil Procedure Rules, that the parties tried to resolve the dispute with the minimum involvement of the Courts. The Court might for example decide to hold an inter-parties Hearing at which the parties would have to explain what steps they had taken to resolve the dispute without resorting to litigation.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up