Gathercole v Suffolk County Council [2020] EWCA Civ 1179
Court of Appeal (Civil Division) · 2020-09-09
· Public Law
· cited by 3 · influence score 14/100 Appeal Dismissed
Is it still good law? ⚠️ This case has negative treatment (1 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
Gathercole v Suffolk County Council [2020] EWCA Civ 1179
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“…ary of State for Transport [2020] EWCA Civ 214; [2020] PTSR 1446, at paragraphs 136 to 144; the judgment of Coulson L.J. in Gathercole v Suffolk County Council [2020] EWCA Civ 1179; [2021] PTSR 359, at paragraphs 53 to 55; the judgment of Laws L.J. in Bowen-West, at paragraphs 27 to 46; and the judgment of Lang J. in R. (on the applicatio…”
“…noted in a number of authorities: see most recently Pearce v SoS [2021] EWHC 326 (Admin) at [146]-[150] and, in this court, Gathercole v Suffolk County Council [2020] EWCA Civ 1179 at [66]. The issue as to whether there is in law a real and substantial difference between the two formulations…”
“…proposition that there is only a narrow category of cases in which that consequence will not follow” (see paragraph 21). In Gathercole v Suffolk County Council [2020] EWCA Civ 1179, where section 31(2A) of the 1981 Act was held to apply in the context of a breach of the PSED, Coulson LJ, with whom Floyd and Asplin LJJ agreed, said at para…”