The Court of Appeal’s decision in Ware restores stability to the law on bias, says Nicholas Dobson
The Court of Appeal brought tidings of great joy to monitoring officers across the land in a judgment delivered on 18 December 2007. The “Bah Humbug” decision of Mr Justice Collins on 30 March 2007 was finally laid to rest on appeal in R (Ware) v Neath Port Talbot County Borough Council [2007] EWCA Civ 1359, [2007] All ER (D) 266 (Dec).
COUNCIL DECISION
Collins J had quashed a council decision to grant planning and hazardous substances consents for the development by National Grid of a natural gas pressure reduction station ([2007] EWHC 913 (Admin), [2007] All ER (D) 525 (Mar).
This was after members decided to leave a material meeting following advice from the deputy monitoring officer that the members would have to state what was said at a previous meeting with objecting residents (among others) if there were a complaint to the local ombudsman.
PREDETERMINATION
Collins J had taken the view that the councillors in question were
