publicised government proposal to bring in legislation by which local
authorities whose expenditure exceeded budget would have their rate support
legislation brought into force, Secretary of State announced certain
authorities would be subject to rate reduction.
applied for JR on ground inter alia that following enactment of legislation,
and before he exercised his discretion to reduce applicant’s rate support
grant, he refused to listen to representation applicants wished to make,
thereby fettering his discretion.
Court held that although Secretary of State had heard representations by
authorities before he was granted discretionary powers, he should have
considered any new representations made after Act received assent.
refusing to do so he had fettered his discretion.
his decision invalid and would be quashed.