swarb.co.uk - law index
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Administrative - From: 1993 To: 1993
This page lists 19 cases, and was prepared on 02 April 2018.
Regina v Canterbury Council ex parte Springimage Limited [1993] 3 PLR 58; [1993] 68 P and CR 171
1993
David Keene QC
Administrative
The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The applicant had an option to purchase land nearby.
David Keene QC said: "It seems to me to be clear that both the Fleet Street casuals case and the Rose Theatre case distinguish between on the one hand the generality of the public, every member of which has a general interest in seeing the law obeyed and public duties properly performed, and on the other hand the person who has a particular interest in the matter above the generality. Mr.Michael Barnes QC, for the present applicant, accepts that he has to bring himself within that second category of the person having a particular interest above that possessed by the general citizenry . . It is clear on the authorities that if the commercial interest of a person may realistically be affected by a decision in a way not common to the general run of the public, then that provides not only a particular interest on the part of the person concerned, but also a sufficient one for the purposes of judicial review." and "The principle put forward by Mr Barnes is that someone who is or may be commercially affected by a development for which permission has purportedly been given does have a sufficient interest above that of the generality of citizens to enable him to bring judicial review. I accept that proposition, so long as there is a real possibility of such an effect and not merely a theoretical one".
1 Cites
1 Citers
Regina v Jockey Club ex parte R A M Racecourses Ltd [1993] 2 All ER 225
1993
Stuart Smith LJ
Administrative
For there to be a breach of procedural fairness giving rise to a legitimate expectation, there must be shown "a clear and unambiguus representation."
1 Citers
Regina v Life Assurance Unit Trust Regulatory Authority Organisation Ltd, ex parte Ross [1993] QB 17
1993
Administrative
There are circumstances where it is not possible to allow representations to be made before the decision, in which case they should be allowed afterwards.
1 Citers
Airedale NHS Trust v Bland; HL 4-Feb-1993 - [1993] AC 789; [1993] 2 WLR 316; [1993] UKHL 17; [1992] UKHL 5
Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson Ind Summary, 22 February 1993; [1995] 1 All ER 73
22 Feb 1993
CA
Simon Brown LJ
Local Government, Administrative
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to be considered. Considering legitimate expectations: "Sometimes the phrase is used to denote a substantive right: an entitlement that the claimant asserts cannot be denied him . . various authorities show that the claimants right will only be found established when there is a clear and unambiguous representation upon which it was reasonable for him to rely. Then the administrator or other public body will be held bound in fairness by the representation made unless only its promise or undertaking as to how its power would be exercised is inconsistent with the statutory duties imposed upon it. The doctrine employed in this sense is akin to an estoppel. In so far as the public body's representation is communicated by way of a stated policy, this type of legitimate expectation falls into two distinct sub categories: cases in which the authority are held entitled to change their policy even so as to effect the claimant, and those in which they are not."
1 Citers
Singh (Pargan) v Secretary of State for the Home Department; HL 10-Mar-1993 - Gazette, 10 March 1993; 1993 SC (HL) 1; [1992] 1 WLR 1052
Chief Adjudication Officer and Another v Foster; HL 7-Apr-1993 - Gazette, 07 April 1993; [1993] AC 754; [1993] 2 WLR 292; [1993] 1 All ER 705
Regina v British Coal Corporation, Ex Parte Price and Others Times, 28 May 1993; [1994] IRLR 72
28 May 1993
QBD
Glidewell LJ
Judicial Review, Administrative
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary. Held: Fair consultation will involve consultation while consultations are at a formative stage; adequate information on which to respond; adequate time in which to respond and conscientious consideration by an authority of the response to consultation. Applying the test in R v Gwent ex p Bryant: "It is axiomatic that the process of consultation is not one in which the consultor is obliged to adopt any or all of the views expressed by the person or body whom he is consulting. " and "Another way of putting the point more shortly is that fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, with the consultor thereafter considering those views properly and genuinely."
1 Cites
1 Citers
Hellenic Republic v Commission of the European Communities; ECJ 22-Jun-1993 - C-56/91; [1993] EUECJ C-56/91
Commission v Denmark C-243/89; [1993] ECR I-3553; [1993] EUECJ C-243/89
22 Jun 1993
ECJ
Advocate-General Tesauro
European, Administrative
Opinion - Tesauro AG said: "where a public contract falls to be awarded, it is precisely because the procedure is a competition that it must be ensured that all those who take part have an equal chance; otherwise, it would no longer be a public tendering procedure but private bargaining. In sum, equal treatment underlies any set of rules governing procedures for the award of public contracts since it is the very essence of such procedures."
1 Citers
[ Bailii ]
Regina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association Unreported, 19 July 1993; [1994] COD 325
19 Jul 1993
QBD
Sedley J
Local Government, Administrative
The court discussed the way in which local authorities should conduct their activities under the section: "[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect the interests of what is now the body of council tax payers. The broad object of section 32 is to enable the council to break even over time on its market trading account so that no special burden is transferred to the general fund . . [T]he council remains under an obligation to balance the market trading books" and "the purpose of the legislation . . is to ensure that the cost of running street markets falls, but falls fairly, upon the traders".
When considering any penalty to be imposed for a breach, the court should look to the the gravity of the breach in relation to the statutory purpose.
London Local Authorities Act 1990 32
1 Citers
Wood v Law Society; QBD 28-Jul-1993 - Independent, 29 July 1993; Times, 30 July 1993
Regina v Universities Funding Council ex parte Institute of Dental Surgery; QBD 30-Jul-1993 - Independent, 28 September 1993; [1993] EWHC Admin 5; [1994] 1 WLR 241
Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg; Admn 30-Jul-1993 - [1993] 3 CMLR 101; [1994] 2 WLR 115; [1994] 1 ALL ER 457; [1994] QB 552; [1993] EWHC Admin 4
Regina v Parliamentary Commissioner for Administration ex parte Dyer Gazette, 19 January 1994; Times, 27 October 1993; Independent, 26 October 1993; [1994] 1 WLR 621; [1993] EWHC Admin 3
19 Oct 1993
QBD
Administrative, Judicial Review
Parliamentary Commissioners decisions are reviewable, but range of the discretion given to him by the Act is very wide, and his decisions will only rarely be susceptible to review. He is answerable to Parliament.
Parliamentary Commissioner Act 1967
1 Citers
[ Bailii ]
Regina v Secretary of State for the Home Department ex parte Chahal; CA 27-Oct-1993 - Gazette, 17 December 1993; Independent, 10 November 1993; Times, 27 October 1993; [1995] 1 All ER 658
Regina v Law Society, ex parte Curtin Ind Summary, 13 December 1993; Times, 03 December 1993
3 Dec 1993
CA
Legal Professions, Administrative
The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name.
Courts and Legal Services Act 1990 79
Mariette Turner v Commission of the European Communities (Rec 1993,p II-1465) T-80/92; [1993] EUECJ T-80/92
16 Dec 1993
ECFI
European, Administrative
Europa In determining whether a measure is a transfer or a reassignment, the Court cannot be bound by the legal classification adopted by the parties. There is a transfer under the term only where it is to a vacant post. Any transfer is subject to Articles 4 and 29. Those formalities do not apply to an official reassigned with his post.
[ Bailii ]
Daemen v Commission (Rec 1993,p II-1491) T-91/92; [1993] EUECJ T-91/92
16 Dec 1993
ECFI
European, Administrative
Europa Officials Competition based on tests Conduct of tests Anonymity rule Breach attributable to a candidate Paper of the person concerned nullified
[ Bailii ]
