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ARTICLE · 21 DECEMBER 2001

The Westminster District Audit Case: Generally Applicable Legal Principles

Herbert Smith Freehills Kramer LLP
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United KingdomLitigation, Mediation & Arbitration
Andrew Lidbetter
Andrew Lidbetter

The Westminster City Council district audit case, Porter v Magill [2001] UKHL 67 with its twists and turns has made the headlines on a number of occasions. Most recently the House of Lords has given judgment in favour of the auditor against Dame Shirley Porter and Mr Weeks and certified that a sum of approximately £20 million be paid by them to the Council. The policy of targeting marginal wards for the sale of council housing stock was held by the House of Lords to be unlawful. Lord Bingham stated it was "a deliberate, blatant and dishonest misuse of public power" (para 48). The purpose of this update is to highlight the points of general application for all regulators which emerge from the various judgments.

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