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Agnello v Hounslow BC [2003] EWHC 3112; [2003] NPC 158; [2004] BLGR 536

DATE: 05 Dec 2003

Bias; Local authorities powers and duties; Markets; Natural justice; Procedural impropriety; Tenants

Local authorities powers and duties; markets; selection procedure for tenants; procedure tainted by bias and breach of natural justice

A, a group of former tenants of market units, applied for judicial review of H's decision not to select them as tenants for a new smaller market which was to replace the existing market. H had set up a relocation committee, which comprised members of a tenants' association, T, to which A belonged, and members of H, to assist in the selection of tenants for the new market using specified criteria. A contended that the selection procedure was flawed in that (1) it involved unlawful delegation or abdication of H's decision making function to the relocation committee; (2) it was tainted by bias through the involvement of a small group of individuals who were members of T's board and who were direct competitors of A, and (3) it was procedurally unfair, since A was denied the opportunity to make representations about the application to them of the criteria for relocation to the new market.

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