The Law Reports (Appeal Cases)
[2002] 2 AC 357
House of Lords
Porter
v
Magill
Weeks
v
Magill
[2001] UKHL 67
1999 March 22,
23,
24,
25,
26;
April 30
2001 Nov 5, 6, 7, 8, 12;
Dec 13
April 30
2001 Nov 5, 6, 7, 8, 12;
Dec 13
Kennedy, Schiemann and Robert Walker LJJ Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Hobhouse of Woodborough and Lord Scott of Foscote
Local government— Audit— Loss due to “wilful misconduct”— Majority party's policy to sell council properties in marginal wards— Legal advice that policy unlawful— Revised policy adopted by housing committee and endorsed by council— Allegations of breach of statutory obligations and gerrymandering— Auditor certifying substantial loss due to wilful misconduct of responsible persons— Whether policy unlawful— Whether evidence establishing wilful misconduct— Auditor's refusal to discharge himself following objections to conduct of investigation— Whether investigation conducted fairly— Whether real possibility of bias—
Local Government Finance Act 1982 (c 32), s. 20
—
Human Rights Act 1998 (c 42), Sch. 1, Pt I, art 6(1)