If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They infringed the rule allowing access to justice. The common law had given special weight to … Continue reading Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997
The Court of Appeal was able to hear an appeal from a judge’s decision to discharge the jury, after prejudicial comments by plaintiff’s counsel in his closing address to the jury. There is a distinction from what would happen in a criminal trial, although in this case the appeal was dismissed. Citations: Gazette 16-Sep-1998, [1998] … Continue reading Gladding v Channel 4 Television Corporation: CA 28 Jul 1998
The claimant, subject to a vexatious litigant order under the 1981 Act, sought leave to bring judicial review proceedings of a decision by the respondents to appoint a woman to the position of Minor Canon in the cathedral. Held: Permission was refused. He had no prospect of success, and the proceedings woud amount to an … Continue reading Regina v Dean and Chapter of St Paul’s Cathedral and Church In Wales ex parte Williamson: Admn 22 Aug 1997
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development. Held: The appeal failed. Approved strategic development plans and their supplementary guidance are of substantial importance to planning decisions. A planning obligation may be entered … Continue reading Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017
A section 51 application was made because the cover was limited under the defendant’s liability policy and insufficient to pay all the damages, let alone any part of the costs, and the defendant was not worth powder and shot. Nonetheless the claim fell squarely within the cover provided by the policy. It was an insured … Continue reading TGA Chapman Limited; Benson Turner Limited v Christopher and Sun Alliance and London Insurance Plc: CA 8 Jul 1997
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015
