Category: Wales

Counsel General for Wales, Regina (on The Application of) v Secretary of State for Business Energy and Industrial Strategy: Admn 19 Apr 2021

Application for permission to apply for judicial review brought by the Counsel General for Wales in connection with the interpretation of provisions of the United Kingdom Internal Markets Act 2020 and their effect on legislation of the Senedd enacted in accordance with the provisions of the Government of Wales Act 2006 as amended.

Judges:

Lord Justice Lewis

Citations:

[2021] EWHC 950 (Admin)

Links:

Bailii

Statutes:

Internal Markets Act 2020, Government of Wales Act 2006

Jurisdiction:

England and Wales

Wales, Constitutional

Updated: 05 November 2022; Ref: scu.661931

Practice Direction (Crown Court: Welsh Language: CACD 30 Oct 1998

Detailed directions for use of Welsh in Crown Courts. Lawyers to notify Court if use of Welsh likely to be required in a hearing; confirming it at Pleas and directions Hearing. Court’s duty to find appropriate interpreter, and Welsh speaking judge.

Citations:

Times 30-Oct-1998

Jurisdiction:

England and Wales

Administrative, Wales

Updated: 25 October 2022; Ref: scu.84877

Welsh Government (Decision Notice): ICO 23 Aug 2011

ICO The complainant requested copies of correspondence concerning Powys Fadog and negotiations relating to the River Lodge Hotel, Llangollen. The Welsh Government provided some information, but withheld other information under sections 31, 40, 42 and 43. During the Commissioner’s investigation the Welsh Government disclosed some information but maintained its reliance on sections 40, 42 and 43. The Welsh Government also introduced its reliance on section 36 of the Act. The Commissioner has investigated and found that some of the withheld information was correctly withheld under sections 36, 40 and 42. The Commissioner has also concluded that section 43 is not engaged in relation to some of the withheld information. The Commissioner has ordered disclosure of the parts of the requested information which he does not consider to be covered by any of the exemptions cited by the Welsh Government. The Commissioner has also identified a number of procedural shortcomings in the way the Welsh Government handled the complainant’s request but requires no steps to be taken.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 36 – Complaint Partly Upheld, FOI 40 – Complaint Partly Upheld, FOI 42 – Complaint Partly Upheld, FOI 43 – Complaint Upheld

Citations:

[2011] UKICO FS50350554

Links:

Bailii

Jurisdiction:

England and Wales

Information, Wales

Updated: 22 October 2022; Ref: scu.530795

Case LVI 38 Eliz 5 Co 85 B, Penryn Case Droit, Error, Bar, Gales, Grand Cape And Petit: 1220

A quod ei deforceat is brought in Wales, and prosecuted in the nature of a writ of right, according to the course there ; by force of the statute of l2 E 1 the tenant joins the mise upon the mere right, and afterwards makes default ; and without a petit cape awarded, judgment final is given against him ; the tenant brings a writ of right against the demandant, who had judgment ut supra and execution; he pleads the first judgment in bar : and judgment is given that it is it good bar ; the plaintiff, who was the tenant against whom the first judgment was given, brings a writ of error upon this last judgment ; and assigns for error, that a petit cape was not awarded before the first jitdgrnetit : non allocatur ; the first judgment was affirmed : for although it was erroneous, yet it is in force until it be reversed ; and this writ of error is not to reverse the first judgment, but the second judgment ; the second judgment was affirmed in error.

Citations:

[1220] EngR 467, (1220-1623) Jenk 259, (1220) 145 ER 185 (A)

Links:

Commonlii

Jurisdiction:

Wales

Litigation Practice

Updated: 15 September 2022; Ref: scu.461379

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): CA 28 Nov 2008

The water company sought to refuse to allow the developer to connect to the public sewer at a point where, it said, the system would overflow.
Held: The developer’s appeal succeeded. The statute provided only narrow grounds for refusing a connection, relating solely to the mode of construction and condition of the connecting drain.
Lawrence Collins LJ said: ‘I am unable to conclude that the expression ‘mode of construction and condition of the drain or sewer’ in section 106(4), repeated in section 106(5) of the 1991 Act, has any bearing upon the location of the communication with the public sewer contemplated in section 106(1)(b) and section 106(4). Mode of construction has nothing to do with location’.

Judges:

Carnwath LJ

Citations:

[2008] EWCA Civ 1552, [2009] JPL 1095, [2009] Env LR 25, [2009] 11 EG 120, [2009] 1 EGLR 55

Links:

Bailii

Statutes:

Water Industry Act 1991

Jurisdiction:

Wales

Citing:

Appeal From – Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) QBD 1-Aug-2008
The parties disputed whether the water company had the right to refuse a connection with the public sewer at a point chosen by the developer.
Held: It would be objectionable to construe the statute in such a way as to preclude an undertaker . .
Cited – Beech Properties v GE Wallis and Sons Ltd 1977
The court was asked whether a vendor of property had satisfied an obligation to provide the purchaser with the right to run foul and surface water from the land sold to a public sewer. The vendor contended that this obligation was satisfied by the . .

Cited by:

Appeal from – Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water) SC 9-Dec-2009
The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to . .
Lists of cited by and citing cases may be incomplete.

Utilities

Updated: 11 September 2022; Ref: scu.291895

Isle of Anglesey County Council and Another v Welsh Ministers and others: QBD 6 May 2008

Challenge to the grant of planning permission to create a marina in an area designated as a mussel fishery.

Judges:

Davis J

Citations:

[2008] EWHC 921 (QB)

Links:

Bailii

Statutes:

Menai Strait Oyster and Mussel Fishery Order 1962

Jurisdiction:

Wales

Cited by:

Appeal from – Isle of Anglesey County Council and Another v The Welsh Ministries and others CA 20-Feb-2009
The claimants, the Commissioners and the County Council, sought declarations to establish their right to build a marina on parts of the foreshore currently used for commercial mussel fishing. Section 40 of the 1868 Act authorised ministers to make . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Planning

Updated: 11 September 2022; Ref: scu.267543

Hughes, Regina (on the Application of) v Minister for Department of Environment, Food and Rural Affairs and Another: CA 30 Jan 2002

Application for leave to appeal against the refusal of her application for permission to apply for judicial review of the decision by the National Assembly for Wales to cull sheep on hefts on the Brecon Beacons.

Judges:

Latham LJ

Citations:

[2002] EWCA Civ 103

Links:

Bailii

Jurisdiction:

Wales

Animals, Agriculture

Updated: 11 September 2022; Ref: scu.216706

Jones, Regina (Y Frenhines Ar Gais) v Cyngor Sir Ddinbych: Admn 12 Aug 2016

(Judgment in Welsh) Application to challenge order for closusure of two primary schools.

Judges:

Jarman J

Citations:

[2016] EWHC 2074 (Admin)

Links:

Bailii

Statutes:

School Standards and Organisation (Wales) Regulations 2013

Jurisdiction:

England and Wales

Cited by:

See Also (in Welsh) – Jones, Regina (on The Application of) v Denbighshire County Council Admn 12-Aug-2016
Challenge to decision to close two primary schools. . .
Lists of cited by and citing cases may be incomplete.

Wales, Education

Updated: 30 May 2022; Ref: scu.568838

Jones, Regina (on The Application of) v Denbighshire County Council: Admn 12 Aug 2016

Challenge to decision to close two primary schools.

Citations:

[2016] EWHC 2074 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also (in Welsh) – Jones, Regina (Y Frenhines Ar Gais) v Cyngor Sir Ddinbych Admn 12-Aug-2016
(Judgment in Welsh) Application to challenge order for closusure of two primary schools. . .
Lists of cited by and citing cases may be incomplete.

Wales, Education

Updated: 22 May 2022; Ref: scu.568837

Flatley, Regina (on The Application of) v Hywel Dda University Local Health Board: Admn 10 Jul 2014

Devolution issue- Health service reform

Judges:

Hickinbottom J

Citations:

[2014] EWHC 2258 (Admin), [2014] WLR(D) 311

Links:

Bailii, WLRD

Statutes:

Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010

Jurisdiction:

England and Wales

Wales, Health Professions

Updated: 15 April 2022; Ref: scu.533951

Davies v Welsh Ministers and Others: Admn 28 May 2013

The claimant seeks an order quashing a decision of the Inspector appointed by the first defendant to grant planning permission on appeal for an equine centre and tourist accommodation and for the erection of an agricultural building for livestock and fodder at Tan yr Allt, Rhydymwyn Road, Gwernaffield, Mold, and at Bryn Celyn Farm at Pen y Fron Road, Rhydymwyn, Mold.

Keyser QC HHJ
[2013] EWHC 2260 (Admin)
Bailii

Planning, Wales

Updated: 18 November 2021; Ref: scu.514335

Castletown Estates Ltd and Another v Welsh Ministers: Admn 1 Nov 2013

The claimants challnged the decision of the respondents to refuse permission for the development of former industrial land for residential puroposes. The permission had been refused on the basis of flood maps which the claimants said were inaccurate. Natural Resources Wales who had responsibility for them, accepted that the maps needed to be updated. The court was asked whether it was right to take into account changes anticipated through the effects of climate change. The Ministers had rejected the inspector’s report. The applicant said that this had been on the basis of a micalculation of the site.
Held: The challenge failed. In assessing the actual risk of flooding, the Minister was plainly entitled to take into account the thresholds set out in the policies. The claimants are really submitting that they did not have the opportunity to make representations on the fact that nothing had changed. What new would they have said? What was said to be fresh evidence merely confirmed that the position was as it had been before the inspector. Accordingly, it was not the case that the Minister was disposed to disagree with the inspector for that reason. There was no breach of the Rules.

Cranston J
[2013] EWHC 3293 (Admin)
Bailii
England and Wales
Citing:
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
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 – Tesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .

Lists of cited by and citing cases may be incomplete.

Planning, Wales

Updated: 09 November 2021; Ref: scu.517340

Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012

Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to remove the requirement for confirmation and to add to the list of legislation which might be brought in without confirmation. The latter power was now challenged.
Held: The Bill was valid; the Assembly had the legislative competence to enact sections 6 and 9 of the Bill. The primary purpose of the Bill could not be achieved without the powers. The removal of the confirmatory powers for the scheduled enactments would be only incidental to, and consequential on, the primary purpose of removing the need for confirmation by the Welsh Ministers of any byelaw made under the scheduled enactments. The powers were to be exercised by either the English or Welshminister Secretaries of State, and alone if need be at any time.

Lord Neuberger, President, Lord Hope, Deputy President, Lord Clarke, Lord Reed, Lord Carnwath
[2012] UKSC 53, [2012] WLR(D) 341, [2012] 3 WLR 1294, UKSC 2012/0185, [2013] 1 AC 792, [2013] 1 All ER 1013
Bailii, Bailii Summary, SC Summary, SC, WLRD
Government of Wales Act 2006 112, Government of Wales Act 1998, Local Government Act 1972, The National Assembly for Wales (Transfer of Functions) Order 1999, Supreme Court Rules 2009 41
England and Wales
Citing:
Cited – Martin v Her Majesty’s Advocate SC 3-Mar-2010
The claimant challenged the law extending the power of Sheriffs sitting alone to impose sentences of up to one year.
Held: The defendants’ appeal failed (Lord Rodger and Lord Kerr dissenting). The change was within the power of the Scottish . .
Cited – A v The Scottish Ministers PC 15-Oct-2001
(Scotland) The power to detain a person suffering from a mental illness, in order to ensure the safety of the public, and even though there was no real possibility of treatment of the mental condition in hospital, was not a disproportionate . .
Cited – Adams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .

Cited by:
Cited – References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government SC 6-Oct-2021
Scots Bills were Outwith Parliament’s Competence
The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children.
Held: The laws had effect also outside Scotland . .

Lists of cited by and citing cases may be incomplete.

Constitutional, Local Government, Wales

Leading Case

Updated: 02 November 2021; Ref: scu.465936