Cases - Davy v Spelthorne BC

Record details

Name
Davy v Spelthorne BC
Date
[1984]
Citation
AC 262
Legislation
Keywords
Enforcement
Summary

This case establishes that section 285 does not preclude a challenge by way of judicial review questioning the validity of an enforcement notice on grounds other than those in section 174.

'If, for example, the respondent had alleged that the enforcement notice had been vitiated by fraud, because one of the appellants' officers had been bribed to issue it, or had been served without the appellants' authority, he would indeed have been questioning its validity, but not on any of the grounds on which an appeal may be brought under [Part VII].' (Lord Fraser of Tullybelton).