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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Cowl & Ors v Plymouth City Council  EWCA Civ 1935 (14 December 2001)
Cite as:  ACD 11,  CP Rep 18,  EWCA Civ 1935,  1 WLR 803, (2002) 5 CCL Rep 42,  WLR 803,  Fam Law 265
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEENS BENCH DIVISION
London, WC2A 2LL
B e f o r e :
LORD JUSTICE MUMMERY
LORD JUSTICE BUXTON
| Frank Cowl & ors
|- and -
|Plymouth City Council
Mr Roger McCarthy QC (instructed by Plymouth Legal Practice) appeared for the Respondents
Crown Copyright ©
LORD WOOLF CJ: This is the judgment of the Court.
"Apparently the offer remains open. These are sensitive and difficult cases and there is in my view a duty on those connected with them to be careful not to raise either the temperature or expectations."
Plymouth City Council [the Council] agrees with the applicants in the present proceedings as follows:
A. To investigate
B. To make findings of fact
C. To make recommendations to the Council arising from those findings.
(a) take into account the emotional, psychological and physical health of the residents and the impact of a move upon them and in particular the reports of Dr Jefferys dated 10 July 2001 and 29 October 2001;
(b) comply with its obligations (if any) under the Human Rights Act 1998 and in particular Articles 2, 3 and 8 of the ECHR;
(c) investigate, using appropriate procedures, the issue of whether any of the residents were offered (whether orally or in writing) the promise of a home for life at Granby Way and will take into account when coming to its final decision the results of that investigation.