- Considered — Birmingham City Council v Drew Bravington 2023-03-22
“…iding whether a contention has to be advanced by way of judicial review rather than in ordinary civil proceedings (see e.g. Wandsworth Borough Council v Winder [1985] AC 461 and Clark v University of Lincolnshire and Humberside [2000] 1 WLR 1988) and when considering whether a defendant is a “public authority” within the meaning of…”
- Cited — Stephen Hoey & Ors. v Commissioners for HMRC 2022-05-13
“…[1985] AC 461…”
- Cited — Arkin v Marshall 2020-05-11
“…oint is that it is acknowledged in O’ Reilly v. Mackman itself, and has been illustrated in a string of cases since Wandsworth London Borough Council v. Winder [1985] AC 461, that there are circumstances in which considerations of justice and pragmatism may make it appropriate for a public law challenge – including a challenge to t…”
- Cited — Forward v Aldwyck Housing Group Ltd 2019-07-29
“…ide on an application for judicial review, it should not provide a basis for a defence to the proceedings for possession. In Wandsworth BoroughCouncil v Winder [1985] AC 461, in which the availability of a public law defence in private law proceedings was established by the House of Lords, the decision at issue had been taken once …”
- Cited — Davies v Hertfordshire County Council 2018-03-06
“…le the appellant was entitled to raise public law challenges as a defence to a private law claim for possession: see Wandsworth London Borough Council v Winder [1985] AC 461. She also said there must be a link between the breach of public law which is asserted and a private law right, citing Tower Hamlets LBC v Abdi (1993) 25 HLR 8…”
- Cited — Davies v Hertfordshire County Council 2018-03-06
“…hat however may only go to remedy. Mr Underwood argued more relevantly that on a proper analysis of the decision in Wandsworth London Borough Council v. Winder [1985] AC 461 ("Winder") a public law defence was only open to a litigant to defend a private law remedy. Thus he argued that Lord Hope's reference at [110] of Kay to Winder…”
- Followed — Davies v Hertfordshire County Council 2018-03-06
“…session proceedings themselves, even if they are in the County Court. This seems to us to follow from the decision of the House of Lords in Wandsworth v Winder [1985] AC 461, as cited and approved in the present context in Kay v Lambeth [2006] 2 AC 465 para 110, and again in Doherty v Birmingham [2009] 1 AC 367, paras 56, 123 and 1…”
- Cited — Davies v Hertfordshire County Council 2018-03-06
“…“…consistent with authorities such as Wandsworth London Borough Council v Winder [1985] AC 461 and Boddington v British Transport Police [1999] 2 AC 143 and respects the principle that if other means of redress are conveniently and effectively available …”