R v Somerset County Council, ex parte Fewings

[1995] 1 All ER 513

Ratio Decidendi

Local authorities can only do what they are statutorily authorised to do. Unlike private individuals, they cannot rely on a general freedom to act; each action must be traced back to a specific power.

Facts

Somerset County Council passed a resolution banning deer hunting on council-owned land. The ban was challenged on the ground that the council had acted for improper purposes.

Judgment Summary

The Court of Appeal held that the council's decision was influenced by ethical and moral considerations rather than the statutory criterion of benefit to the area. The resolution was quashed as ultra vires.

Key Quotes

"A public body enjoys no freedom to act on the basis that everything which is not forbidden is permitted."
— Sir Thomas Bingham MR

Subsequent Treatment

Applied

Cited in local authority powers cases.