Legal News

Examining fees charged under unlawful licensing schemes (R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) v Westminster City Council)

Published on: 21 July 2017
Published by: LexisPSL
  • Examining fees charged under unlawful licensing schemes (R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) v Westminster City Council)
  • Original news
  • What was the background to the case?
  • What issue arose for the Supreme Court’s consideration?
  • What did the court decide, and why?
  • To what extent is the judgment helpful in clarifying the law in this area? Are there still any unresolved issues practitioners will need to watch out for?
  • How does the decision fit in with other developments in this area of law?
  • What are the implications for practitioners? What will they need to be mindful of when advising in this area?

Article summary

Local Government analysis: The Supreme Court has decided that a local authority is entitled to the fees, where reasonable, which it had charged under a licensing scheme which it had operated unlawfully. Victoria Wakefield of Brick Court Chambers explores the court’s decision in R (on the application of Hemming) v Westminster City Council and suggests practitioners who advise public bodies should not be too ready to accept that unlawful fees must be refunded. or take a trial to read the full analysis.

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