Asher v Secretary of State for the Environment

Subject Matter

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, ss 228 (1), 229, 236

[1974] Ch 208; [1974] 2 WLR 466

PRACTICE — Pleadings — Striking out — Urban district council's refusal to operate scheme of Act — Minister's direction for extraordinary 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

[1974] Ch 208; [1974] 2 WLR 466