Porter v Magill

Subject Matter

LOCAL GOVERNMENT — Audit — Loss due to “wilful misconduct” — Majority party's policy to sell council properties in marginal wards — Legal advice that policy unlawful — Revision of policy to comply with law — Approval of policy by housing committee and endorsement 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

(1997) 96 LGR 157, DC

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, s 20 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

[2002] 2 AC 357; [2000] 2 WLR 1420; [1999] LGR 375, CA

[2001] UKHL 67; [2002] 2 AC 357; [2002] 2 WLR 37; [2002] 1 All ER 465; [2002] LGR 51, HL(E)

Appellate History

Commentary

Blackstones Criminal Practice 2025
Disqualification of Judges and Magistrates from Hearing Particular Cases - Actual or Apparent Bias D3.32

Discharge of Jurors or Entire Jury - Test for Bias or Prejudice D13.59

Trial of Charges - Successive Trials by Same Bench D21.47

Blackstones Civil Practice 2023
Pre-trial Arrangements - Impartiality of judge 61.25

Grounds of Judicial Review - Bias 77.25

Right to a Fair and Public Hearing and Civil Litigation - Independent and impartial tribunal 91.48