The Weekly Law Reports
[1974] 2 WLR 466
[COURT OF APPEAL]
ASHER AND OTHERS v. SECRETARY OF STATE FOR THE ENVIRONMENT AND ANOTHER
[1973 A. No. 4176]
1973 Jan. 23,
24,
25;
31
Lord Denning M.R., Orr and Lawton L.JJ.
Crown
— Minister, determination by
— Whether subject to review by courts
— Alternative courses open to Minister
— Direction to district auditor to hold extraordinary audit
— Urban district council's refusal to operate scheme of Act
— Councillors' appeal against surcharge dismissed
— Action claiming direction for extraordinary audit of no effect in law
— Whether statement of claim disclosed reasonable cause of action
—
Local Government Act 1933 (23 & 24 Geo. 5, c. 51), ss. 228 (1), 229, 236
Practice
— Pleadings
— Striking out
— Urban district council's refusal to operate scheme of Act
— Minister's direction for extraordinary
467
audit and subsequent surcharge
— Appeal against surcharge dismissed
— Validity of direction not challenged
— Further action claiming Minister's direction invalid
— Whether vexatious or abuse of process