This is a substantial case law database (30 Sep ’15 – 82,748 cases). We index cases as they come on line, and note up and cross reference significant ones and in turn also those referenced, producing a uniquely powerful way of finding your way through the law.
Below is an example of what you can expect to find (at our best):
Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) -v- Same; Same -v- Legal and General Assurance; HL 9 May 2001
References: Times 10-May-01, Gazette 14-Jun-01,  2 AC 295,  2 WLR 1389,  2 All ER 929,  UKHL 23
Links: Bailii, House of Lords
Coram: Lord Slynn of Hadley Lord Nolan Lord Hoffmann Lord Hutton Lord Clyde
The powers of the Secretary of State, to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore was not a breach of the applicants’ rights to a fair hearing before an impartial tribunal. Some decisions are properly taken by ministers administratively and they are answerable to elected bodies. Also there existed in many circumstances additional power to take such decisions was subject to judicial review by the courts. The test of whether there is sufficient judicial control is not a mechanical one, but a test which varies according to the circumstances. In the absence of some special circumstances the court should follow any clear and constant jurisprudence of the European Court of Human Rights. In interference with a claimant’s use of property as opposed to his ownership, will not usually give right to an order for compensation. Lord Hoffmann described departmental decision-making processes: ‘These contain, on the one hand, elaborate precautions to ensure that the decision-maker does not take into account any factual matters which have not been found by the inspector at the inquiry or put to the parties and, on the other hand, free communication within the department on questions of law and policy, with a view to preparing a recommendation for submission to the Secretary of State or one of the junior ministers to whom he has delegated the decision.’ but ‘the process of consultation within the department is simply the Secretary of State advising himself’.
Lord Hoffmann said: ‘The House is not bound by the decisions of the European Court and, if I thought that the Divisional Court was right to hold that they compelled a conclusion fundamentally at odds with the distribution of powers under the British constitution, I would have considerable doubt as to whether they should be followed’
Statutes: Human Rights Act 1998, Town and Country Planning Act 1990, European Convention on Human Rights
This case cites:
- Appeal from – Regina (Holding and Barnes Plc) -v- Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) -v- Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc Admn (Times 24-Jan-01, Bailii,  EWHC Admin 432)
A declaration of incompatibility was granted with regard to the processes by which the Secretary of State made decisions under the Planning Act and orders under the Transport and Works Act, Highways Act and Acquisition of Land Act. They were . .
- Explained – Bushell -v- Secretary of State for the Environment HL ( AC 75,  2 All ER 608, Bailii,  UKHL 1,  3 WLR 22, (1980) 144 JP 387, (1980) 78 LGR 269)
The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the . .
- Cited – Ringeisen -v- Austria ECHR (2614/65, Bailii,  ECHR 2, Bailii, (1971) 1 EHRR 455, Bailii,  ECHR 7, Bailii,  ECHR 2, Bailii,  ECHR 1)
The Austrian District and Regional Real Property Transactions Commission refused to approve the sale of a number of plots of land. The applicant challenged the refusal alleging bias and contending that his article 6 rights were violated for that . .
- Cited – Golder -v- The United Kingdom ECHR (4451/70,  1 EHRR 524, Bailii,  ECHR 1, ECHR, , Bailii)
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
- Cited – County Properties Limited -v- The Scottish Ministers OHCS (Times 19-Sep-00, Bailii, ScotC,  ScotCS 212, 2000 SLT 965)
The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal . .
- Cited – Kaplan -v- United Kingdom ECHR ((1980) 4 EHRR 64, 7598/76, LIP)
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .
- Cited – ISKCON -v- United Kingdom ECHR (20490/92, (1994) 18 EHRR CD 133)
(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an . .
- Cited – Le Compte, Van Leuven And De Meyere -v- Belgium ECHR ((1983) 5 EHRR 533, Worldii, 7238/75, 6878/75, Bailii,  ECHR 7)
Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the . .
- Cited – Albert And Le Compte -v- Belgium ECHR (7496/76, Bailii,  ECHR 1, Bailii,  ECHR 10, 7299/75, (1983) 5 EHRR 533)
- Cited – Fredin -v- Sweden ECHR ( 13 EHRR 784, 12033/86, Bailii,  ECHR 2, ECHR, , Bailii)
A gravel pit licence was revoked without compensation pursuant to legislation brought in after the owner had acquired the pit but before it had begun to exploit it. The actual revocation took place after the pit had been exploited for a number of . .
- Cited – Allan Jacobsson -v- Sweden ECHR (10842/84,  12 EHRR 56, Bailii, Bailii,  ECHR 18)
‘According to the Court’s case law, this provision comprises three distinct rules. The first rule, set out in the first sentence of the first paragraph, is of a general nature and enunciates the principle of peaceful enjoyment of property; the . .
- Cited – Associated Provincial Picture Houses Ltd -v- Wednesbury Corporation CA ( 2 All ER 680,  1 KB 223, 1947 WL 10584, (1948) 92 SJ 26,  LJR 190,  45 LGR 635, (1948) 112 JP 55, 63 TLR 623, Bailii,  EWCA Civ 1)
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
- Cited – Chapman -v- United Kingdom; similar ECHR (Times 30-Jan-01, 27238/95, (2001) 33 EHRR 18, Bailii,  ECHR 43, (2001) 33 EHRR 479, (2001) 33 EHRR 399, Bailii)
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
- Cited – Regina -v- Secretary of State for the Home Department, Ex parte Turgut ( Imm LR 306)
- Cited – Edwards (Inspector of Taxes) -v- Bairstow HL ( AC 14,  3 All ER 48,  36 Tax Cas 207, Bailii,  UKHL 3)
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
- Cited – Regina -v- Criminal Injuries Compensation Board Ex Parte A HL (Times 26-Mar-99, House of Lords, Gazette 28-Apr-99, House of Lords, Bailii,  UKHL 21,  2 AC 330,  2 WLR 974,  QB 659)
A police doctor’s statement in a contemporary medical report that her findings were consistent with the claimant’s allegation had not been included in the evidence before the CICB when it rejected her claim for compensation.
Held: The decision . .
- Cited – Bryan -v- The United Kingdom ECHR (Times 08-Dec-95, 19178/91, 44/1994/491/573, Worldlii, ECHR, Bailii,  ECHR 50,  28 EG 137,  2 EGLR 123,  1 PLR 47, (1996) 21 EHRR 342)
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
- Cited – Ashbridge Investments Ltd -v- Minister of Housing and Local Government CA ( 1 WLR 1320,  3 All ER 371)
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
Held: The court can interfere if the decision maker has taken into account a . .
- Cited – Howard -v- United Kingdom ECHR (10825/84,
- Cited – Sporrong and Lonnroth -v- Sweden ECHR (7152/75,  5 EHRR 35, Bailii,  ECHR 5, ECHR, 7151/75)
(Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years.
Held: Article 1 comprises three distinct . .
- Cited – Konig -v- Federal Republic of Germany ECHR ((1978) 2 EHRR 170, 6232/73, Bailii,  ECHR 3, Bailii,  ECHR 3, Bailii,  ECHR 2)
The reasonableness of the duration of proceedings must be assessed according to the circumstances of each case, including its complexity, the applicant’s conduct and the manner in which the administrative and judicial authorities dealt with the . .
- Cited – Secretary of State for Education and Science -v- Tameside Metropolitan Borough Council HL ( AC 1014, Bailii,  UKHL 6,  3 All ER 665,  3 WLR 641)
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
- Cited – Stringer -v- Ministry of Housing and Local Government ( 1 WLR 1281)
The material considerations to be allowed for by the local authority in exercising its planning functions are considerations of a planning nature, ‘all considerations relating to the use and development of land are considerations which may, in a . .
- Cited – Benthem -v- The Netherlands ECHR (8848/80, Bailii,  ECHR 11, ECHR, Bailii, (1985) 8 EHRR 1)
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient . .
- Cited – Zander -v- Sweden ECHR (14282/88, Bailii,  ECHR 59,  18 EHRR 175, ECHR, , Bailii, (1993) 18 EHRR 175)
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
- Cited – Skarby -v- Sweden ECHR (12258/86, Bailii,  ECHR 16, ECHR, , Bailii, (1990) 13 EHRR 90)
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
- Cited – Pudas -v- Sweden ECHR (10426/83, Bailii,  ECHR 27, Bailii, (1987) 10 EHRR 380)
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses . .
- Cited – Tre Traktorer Aktiebolag -v- Sweden ECHR (10873/84,  13 EHRR 309, Bailii,  ECHR 15, ECHR, , Bailii,  ECHR 15)
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
- Cited – Boden -v- Sweden ECHR ((1987) 10 EHRR 367, 10930/84, Bailii,  ECHR 26, Bailii)
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings . .
- Cited – Francis -v- Yiewsley and West Drayton Urban District Council ( 1 QB 478)
The claimant was said to have failed to comply with an enforcement notice.
Held: A person prosecuted for failure to discontinue a use in accordance with an enforcement notice could challenge the validity of the notice before the criminal court . .
- Cited – X -v- United Kingdom ECHR ((1998) 28 D&R 177)
The Commission held that a compulsory purchase order affected the applicant’s private rights of ownership, that these were ‘civil rights’, and that in challenging the making of the order she was entitled to the protection of article 6(1). . .
- Cited – Moreira De Azevedo -v- Portugal ECHR (Bailii, 11296/84, Bailii,  ECHR 41, (1992) 14 EHRR 113)
Held: Article 6(1) applied where the applicant had joined as an assistant in criminal proceedings with a view to securing financial reparation for injuries which he claimed he had suffered at the hands of the accused but had not filed any claim in . .
- Cited – Regina -v- Wicks HL (Times 26-May-97, Gazette 17-Sep-97, House of Lords, Bailii, ,  UKHL 21,  AC 92,  2 All ER 801,  2 WLR 876)
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken.
Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not . .
- Cited – Zumtobel -v- Austria ECHR (12235/86,  17 EHRR 116, Bailii,  ECHR 41, ECHR, , Bailii,  ECHR 41)
The Zumtobel partnership objected to the compulsory purchase of their farming land to build the L52 by-pass road in the Austrian Vorarlberg. The appropriate Government committee heard their objections but confirmed the order. They appealed to an . .
This case is cited by:
- Cited – Regina (on the Application of Moiram Bibi) -v- Rochdale Metropolitan Borough Council Housing Benefit Review Board Admn (Bailii,  EWHC Admin 967)
The respondent board had refused to pay housing benefit on the basis that the claimant’s tenancy was not run on a commercial basis. She asserted that they had not given her a fair opportunity to be heard. New regulations had changed the treatment of . .
- Cited – Adlard and Others, Regina (on the Application of) -v- Fulham Stadium Ltd CA (Bailii, Times 31-May-02, Gazette 27-Jun-02,  EWCA Civ 671)
The landowners sought permission to redevelop their football stadium. The authority were minded to grant the permission, and after an enquiry, permission was granted, but in the meantime another permission was proposed for a larger stadium. This was . .
- Cited – Matthew Joseph Langton Denley George Allen, Regina (on the Application of Department for the Environment, Food and Rural Affairs and Another) Admn (Bailii,  EWHC Admin 1047)
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The . .
- Cited – The Secretary of State for Health, Dorset County Council -v- The Personal Representative of Christopher Beeson CA (Times 02-Jan-03, Gazette 13-Mar-03,  EWCA Civ 1812)
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
- Cited – Clark (Procurator Fiscal, Kirkcaldy) -v- Kelly PC (PC, Times 12-Feb-03, Bailii, PC,  UKPC 14, Gazette 01-May-03,  UKPC D1,  UKHRR 1167,  1 All ER 1106,  2 WLR 1586, 2003 SCCR 194, 2003 GWD 7-164,  HRLR 17, 2003 SC (PC) 77,  1 AC 681, 14 BHRC 369, 2003 SLT 308)
PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence.
Held: The legal adviser was not subject to the same . .
- Cited – Runa Begum -v- London Borough of Tower Hamlets (First Secretary of State intervening) HL (House of Lords, Bailii,  UKHL 5,  1 All ER 739, Gazette 03-Apr-03,  2 WLR 388,  2 AC 430,  ACD 41,  NPC 21,  HRLR 16,  HLR 32,  UKHRR 419,  BLGR 205, 14 BHRC 400,  Hous LR 20, Bailii)
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
- Cited – The Association of British Civilian Internees – Far Eastern Region (ABCIFER) -v- Secretary of State for Defence CA ( EWCA Civ 473, Times 19-Apr-03, Bailii, Gazette 12-Jun-03,  QB 1397,  ACD 51, ,  3 WLR 80)
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in . .
- Cited – Regina (Kehoe) -v- Secretary of State for Work and Pensions QBD (Times 21-May-03, Gazette 03-Jul-03, Bailii,  2 FLR 578)
The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost.
Held: The statute debarred the . .
- Cited – Carson and Reynolds -v- Secretary of State for Work and Pensions CA (Bailii,  EWCA Civ 797, Times 28-Jun-03,  3 All ER 577)
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
- Cited – Bushell and Others, Regina (on the Application of) -v- Newcastle Licensing Justices and others Admn (Bailii,  EWHC 1937 (Admin), Times 01-Sep-03)
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete . .
- Cited – E -v- Secretary of State for the Home Department etc CA ( EWCA Civ 49, Bailii, Times 09-Feb-04,  QB 1044,  INLR 268,  BLGR 463,  2 WLR 1351)
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
- Cited – Secretary of State for Work and Pensions -v- Kehoe CA ( EWCA Civ 225, Bailii, Times 10-Mar-04, Gazette 01-Apr-04,  QB 1378)
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
- Cited – Aggregate Industries UK Ltd, Regina (on the Application Of) -v- English Nature and and Another Admn (Bailii,  EWHC 908 (Admin),  Env LR 3)
The claimant challenged English Nature’s confirmation of a notice that their land was a site of special scientific interest. The land comprised some 600 acres in Hampshire which had planning permission for mineral extraction known as ‘Bramshill’. . .
- Cited – Regina -v- Special Adjudicator ex parte Ullah; Regina -v- Secretary of State for the Home Department HL (House of Lords,  UKHL 26, Bailii, Times 18-Jun-04,  3 WLR 23,  2 AC 323,  INLR 381,  UKHRR 995,  3 All ER 785)
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
- Cited – Whitmey, Regina (on the Application of) -v- the Commons Commissioners CA (Bailii,  EWCA Civ 951, Times 10-Aug-04)
The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green.
Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons . .
- Cited – Trailer & Marina (Leven) Ltd, Regina (on the Application Of) -v- Secretary of State for the Environment, Food & Rural Affairs and Another CA (Bailii,  EWCA Civ 1580, Times 28-Dec-04)
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientif Interest, with the effect that it was unusable. . .
- Cited – National Association of Health Stores and Another, Regina (on the Application of) -v- Department of Health CA (Bailii,  EWCA Civ 154, Times 09-Mar-05)
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
- Cited – Nunn, Regina (on the Application of) -v- First Secretary of State and others CA (Bailii,  EWCA Civ 101, Times 23-Feb-05)
The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object.
Held: The applicant had been deprived of her right to make objection to . .
- Cited – Meerabux -v- The Attorney General of Belize PC (Bailii,  UKPC 12, Times 20-Apr-05, PC,  2 WLR 1307,  2 AC 513)
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
- Cited – Price and others -v- Leeds City Council CA (Bailii,  EWCA Civ 289, Times 17-Mar-05,  1 WLR 1825,  3 All ER 573)
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
- Cited – Hooper and Others, Regina (on the Application of) -v- Secretary of State for Work and Pensions HL ( UKHRR 717, Bailii,  UKHL 29, Times 06-May-05, House of Lords,  1 WLR 1681,  2 FCR 183,  1 All ER 487,  Pens LR 337,  HRLR 21)
The House was asked whether the payment of widow’s payment and widowed mother’s allowance to women alone discriminated against men.
Held: The Secretary’s appeal succeded. Section 6 of the 1998 Act permitted the discrimination as an existing . .
- Cited – Kehoe, Regina (on the Application of) -v- Secretary of State for Work and Pensions HL ( AC 42, House of Lords,  UKHL 48, Bailii, Times 15-Jul-05)
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
- Cited – Hammond, Regina (on the Application of) -v- Secretary of State for the Home Department HL (Bailii,  UKHL 69, , House of Lords)
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
- Cited – Skipaway Ltd -v- The Environment Agency Admn (Bailii,  EWHC 983 (Admin))
The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outide the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by . .
- Cited – Wright and Others, Regina (on the Application of) -v- Secretary of State for Health Secretary of State for Education & Skills Admn (Bailii,  EWHC 2886 (Admin), Times 27-Nov-06,  1 All ER 825)
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
- Cited – Huang -v- Secretary of State for the Home Department HL (Bailii,  UKHL 11,  2 AC 167,  2 WLR 581,  4 All ER 15, (2007) 24 BHRC 74,  INLR 314,  UKHRR 759,  1 FLR 2021,  Imm AR 571,  Fam Law 587,  HRLR 22)
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
- Cited – Corner House Research & Campaign Against Arms Trade, Regina (on the Application of) -v- Director of the Serious Fraud Office and Another Admn (Bailii,  EWHC 714 (Admin), Times 10-Apr-08)
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
- Cited – Animal Defenders International, Regina (on the Application of) -v- Secretary of State for Culture, Media and Sport HL (Bailii,  UKHL 15,  2 WLR 781, HL,  UKHRR 477,  EMLR 8, 24 BHRC 217,  1 AC 1312,  HRLR 25,  3 All ER 193)
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
- Cited – Corner House Research and Others, Regina (on the Application of) -v- The Serious Fraud Office HL (Bailii,  UKHL 60, HL, Times 31-Jul-08,  3 WLR 568,  Crim LR 46,  Lloyd\’s Rep FC 537,  4 All ER 927)
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
- Cited – Wright and Others, Regina (on the Application of) -v- Secretary of State for Health and Another HL (Bailii,  UKHL 3, HL, Times, (2009) 12 CCL Rep 181, (2009) 106 BMLR 71, 26 BHRC 269,  UKHRR 763,  PTSR 401,  HRLR 13,  1 AC 73,  2 WLR 267,  2 All ER 129)
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
- Cited – Heald and Others -v- London Borough of Brent CA (Bailii,  EWCA Civ 930, Times)
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
- Cited – A, Regina (on the Application of) -v- London Borough of Croydon SC (Bailii,  UKSC 8, Times,  1 All ER 469,  3 FCR 607,  1 WLR 2557,  PTSR 106,  UKHRR 63)
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
- Cited – G, Regina (on The Application of) -v- X School and Others CA (Bailii,  EWCA Civ 1,  WLR (D) 4, WLRD, Times,  ELR 235,  UKHRR 584,  HRLR 13,  Med LR 45,  WLR 2218,  BLGR 207,  2 All ER 555,  IRLR 222,  1 WLR 2218)
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
- Cited – Bank Mellat -v- HM Treasury QBD (Bailii,  EWHC 1332 (QB), WLRD,  WLR (D) 148)
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of . .
- Cited – Ambrose -v- Harris, Procurator Fiscal, Oban, etc SC (Bailii,  UKSC 43, Bailii Summary, SC Summary, SC, UKSC 2011/0101, 2011 SLT 1005,  1 WLR 2435)
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
- Cited – Quila and Another, Regina (on The Application of) -v- Secretary of State for The Home Department SC (SC, SC Summ, UKSC 2011/0022, Bailii Summary, Bailii,  UKSC 45,  1 All ER 1011,  3 WLR 836,  Imm AR 135,  1 FLR 788,  UKHRR 1347,  Fam Law 21,  3 FCR 575,  INLR 698,  1 AC 621,  HRLR 2)
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
- Cited – King, Regina (on The Application of) -v- Secretary of State for Justice CA (Bailii,  EWCA Civ 376,  HRLR 17,  WLR(D) 102,  4 All ER 44,  1 WLR 3602)
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
- Cited – Save Our Surgery Ltd, Regina (on The Application of) -v- Joint Committee of Primary Care Trusts Admn (Bailii,  EWHC 439 (Admin))
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
- Cited – Walsall Metropolitan Borough Council -v- Secretary of State for Communities & Local Government CA (Bailii,  EWCA Civ 370)
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
- Cited – Faulkner, Regina (on The Application of) -v- Secretary of State for Justice and Another SC (Bailii,  UKSC 23,  WLR(D) 162, WLRD,  2 WLR 1157, UKSC 2011/0156, SC Summary, SC, UKSC 2011/0124,  2 AC 254, 35 BHRC 378,  2 All ER 1013,  HRLR 24, Bailiii Summary)
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
- Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) -v- Secretary of State for The Home Department SC (Bailii,  UKSC 60,  WLR(D) 479, WLRD,  3 WLR 1404, UKSC 2013/0098, SC Summary, SC, Bailii Summary)
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Categories: Planning, Human Rights, Administrative, Constitutional