Wheeler v Leicester City Council

Parliamentary Archives,
HL/PO/JU/18/245

In re Wheeler and others

JUDGMENT

Die Jovis 25° Julii 1985

Upon Report from the Appellate Committee to whom was
referred the Cause In re Wheeler and others, That the
Committee had heard Counsel on Wednesday the 10th day of this
instant July upon the Petition and Appeal of Peter John
Wheeler of The Brackens, Ragdale, Leicestershire, William
Henry Hare of Wheatholme Farm, South Clifton, Newark,
Nottinghamshire, Graham George Willans of 44 Dumbleton
Avenue, Leicester, Peter Herbert of 35 Rowley Fields Avenue,
Leicester, Kevin Andrews of 1 Whitehall Road, Evington,
Leicester and John Albert Allen of 60 Dorchester Road,
Leicester praying that the matter of the Order set forth in
the Schedule thereto, namely an Order of Her Majesty's Court
of Appeal of the 14th day of March 1985, might be reviewed
before Her Majesty the Queen in Her Court of Parliament and
that the said Order might be reversed, varied or altered or
that the Petitioners might have such other relief in the
premises as to Her Majesty the Queen in Her Court of
Parliament might seem meet; as also upon the Case of the
Leicester City Council lodged in answer to the said Appeal,
and due consideration had this day of what was offered on
either side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in the Court of Parliament of Her Majesty the Queen
assembled, That the said Order of Her Majesty's Court of
Appeal of the 14th day of March 1985 complained of in the
said Appeal be, and the same is hereby, Set Aside: And it is
further Ordered, That an Order of certiorari issue to quash
the decision of 21st August 1984: And it is further Ordered,
That the case be, and the same is hereby, remitted back to
the Queen's Bench Division with liberty to the Appellants to
apply for such further relief as may be thought necessary to
protect their rights: And it is also further Ordered, That
the Respondents do pay or cause to be paid to the said
Appellants the Costs incurred by them in the Courts below and
also the Costs incurred by them in respect of the said
Appeal to this House, the amount of such last-mentioned Costs
to be certified by the Clerk of the Parliaments if not agreed
between the parties.

Cler: Parliamentor:

HOUSE OF LORDS

IN RE WHEELER AND OTHERS (ENGLAND)

Lord Roskill
Lord Bridge of Harwich
Lord Brightman
Lord Templeman
Lord Griffiths

LORD ROSKILL

My Lords,

This is an appeal by members of the Leicester Football Club
("the club") suing on their own behalf and on behalf of all other
members of the club. In reality it is an appeal by the club and I
shall so treat it. It is brought by leave of the Court of Appeal
(Ackner and Browne-Wilkinson L.33. and Sir George Waller) [1985]
2 All E.R. 151. That court on 14 March 1985, by a majority,
Browne-Wilkinson L.J. dissenting, dismissed…