37 Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever.
Cases considering Schedule 9, paragraph 37 10
Hamnett v Essex County Council
The ouster provision was impliedly repealed only insofar as it prevented recourse to the County Court for a section 29 Equality Act claim concerning an experimental traffic regulation order (see paras [28]-[29]).
Daniel Adams v North Somerset Council
The court applied paragraph 37 to hold that, where statutory review was available, the TRO could not be questioned through judicial review. (see paras [5]-[11])
A&E Baines v The North Yorkshire Council
Paragraph 37 restricted challenges to the statutory procedure and meant that relief for procedural non-compliance required substantial prejudice. No such prejudice was established (see paras [6], [20]).
- Derwent Holdings Ltd v Liverpool City Council
- Deutsch, R (On the Application Of) v Hackney
- Sofia Sheakh (R on the application of) v London Borough of Lambeth Council
- Stephanie Croft v Devon County Council & Ors
- Pamela Wesson v Cambridgeshire County Council
- Denny Taylor & Ors v David Evans (as representative of the Labour Party)
- SM (a child) v LONDON BOROUGH OF HACKNEY
What each judgment says about Schedule 9, paragraph 37 is in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Modifications
- C351Sch. 9 para. 37 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)