R (on the application of Buck) v Doncaster Metropolitan Borough Council [2013] EWCA Civ 1190, [2013] All ER (D) 71 (Oct)
Court of Appeal, Civil Division, Lord Dyson MR, Lord Justice McCombe and Lady Justice Gloster, 8 Oct 2013
The Court of Appeal has upheld a judge’s refusal to interfere with a directly-elected mayor’s refusal to implement a budget amendment in relation to library services; the applicant had argued that the refusal was contrary to the budget and a plan adopted by the authority.
David Wolfe QC and Sam Jacobs (instructed by Public Interest Lawyers) for the applicant. Nigel Giffin QC and Edward Capewell (instructed by Doncaster Legal Services) for the authority.
The applicant lived within the area of the respondent local authority and used one of the public libraries a great deal. The then-executive of the authority, a directly elected mayor and his cabinet (the mayor), wished to save public money by changing library services. The mayor decided to make changes which would have affected 14 of the libraries in the area. The full council
