Aldwych Legal represents fifteen Kirklees market traders in a dispute over Local Restrictions Grant payments arising from the COVID-19 lockdown, brought under public and administrative law considerations.
What Happened
The clients, based in Kirklees, West Yorkshire, included individuals such as James Carter, Emily Clarke and Mohammed Patel. They sought Local Restrictions Grant support as part of the government response to the lockdown, but say the Council provided inaccurate information about LRSG eligibility and processes.
The fifteen traders applied for LRSG payments, yet Kirklees Council refused to raise the payments, leaving the group with a combined debt exceeding £84,000 and creating significant financial hardship.
Following an appeal, the council’s decision remained misaligned with government guidance and was incompletely explained. The reasoning was neither clear nor rational in terms of policy and administration.
Our research identified more than forty other local businesses in West Yorkshire that had received LRSG grants exceeding £10,000, suggesting inconsistencies in the Council’s grant allocation approach.
The Council claimed information about the grants was communicated directly at council-run markets. Our clients testified otherwise, and the Council could not confirm that reasonable steps were taken to convey the information across all markets, a factor seen as proportionate and necessary at the time.
As a public body, the Council has a statutory duty not to act incompatibly with rights under the European Convention on Human Rights, including a positive obligation to avoid discrimination. Our clients report distress, vulnerability and a sense of being unfairly treated during this period.
After extensive pre-litigation engagement, the Council agreed to increase LRSG payments for all fifteen clients, resolving the immediate financial dispute tied to debts of over £84,000.
Legal Issues
- Potential breach of statutory duties in providing LRSG information and processing grants.
- Discrimination concerns under the European Convention on Human Rights and the Equality Act 2010.
- Procedural impropriety and irrational decision-making under administrative law principles.
- Failure to communicate timely and accessible grant information in a public market environment.
- Consideration of misfeasance in public office or maladministration aspects.
Our Approach
We engaged in pre-action correspondence under CPR and the Pre-Action Protocol for Public Law cases. This included detailed information requests, expert analysis of LRSG guidance, and structured negotiation with Kirklees Council. The aim was to secure a timely resolution while safeguarding the clients’ rights.
Outcome
The dispute was resolved with Kirklees Council increasing LRSG payments for all fifteen clients, clearing the outstanding debt in excess of £84,000. The settlement provided immediate financial relief and clarified the council’s handling of future LRSG claims.
Result / Why It Matters
This case demonstrates Aldwych Legal’s capability to hold public bodies to account, ensuring rights-based duties are observed and information is communicated clearly to diverse business communities in West Yorkshire.
