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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Administrative - From: 1998 To: 1998

This page lists 33 cases, and was prepared on 02 April 2018.

 
Regina v Secretary of State for Trade and Industry, ex parte Greenpeace Ltd [1998] Env LR 415
1998
Admn
Laws J
Administrative, Judicial Review
The court considered the need for speedy action in challenging planning decisions, and the need not to wait for the last available day. A review request should be directed at the decision properly under challenge. Laws J held: "In Gooding and Adams there were concrete decisions, not just a "continuing practice", which were undoubtedly susceptible to the judicial review jurisdiction and which on the face of their pleadings the applicants sought to assault. Yet in each case the court held there was delay arising out of the applicants' failure to challenge an earlier executive act or acts. These authorities do not enter into any analysis of the proper construction of Order 53, r.4(1), but as it seems to me they lend implicit support to the approach urged by the respondents, and I would construe the rule accordingly. In my judgment, however, even if Order 53, r.4(1) is to be interpreted more conservatively, so that "the date when grounds . . first arise" is never earlier than the date when the impugned decision is taken, Eurotunnel, Gooding and Adams exemplify a common principle, whose nature is not dependent upon an appeal to the rules relating to delay. It is that a judicial review applicant must move against the substantive act or decision which is the real basis of his complaint. If, after that act has been done, he takes no steps but merely waits until something consequential and dependent upon it takes place and then challenges that, he runs the risk of being put out of court for being too late.[Counsel for the applicant] did not seek to deny that there exists a discretion to refuse leave, or relief, in such a case whether or not it falls within the terms of Order 53, r.4(1) or section 31(6). This is an inevitable function of the fact that the judicial review court, being primarily concerned with the maintenance of the rule of law by the imposition of objective legal standards upon the conduct of public bodies, has to adapt a flexible but principled approach to its own jurisdiction. Its decisions will constrain the actions of elected government, sometimes bringing potential uncertainty and added cost to good administration. And from time to time its judgments may impose heavy burdens on third parties. This is a price which often has to be paid for the rule of law to be vindicated. But because of these deep consequences which touch the public interest, the court in its discretion – whether so directed by rules of court or not – will impose a strict discipline in proceedings before it. It is marked by an insistence that applicants identify the real substance of their complaint and then act promptly, so as to ensure that the proper business of government and the reasonable interests of third parties are not overborne or unjustly prejudiced by litigation brought in circumstances where the point in question could have been exposed and adjudicated without unacceptable damage. The rule of law is not threatened, but strengthened, by such a discipline. It invokes public confidence and engages the law in the practical world. And it is administered, of course, case by case".
1 Citers


 
Regina v Brighton and Hove Council ex parte Marmont Times, 15 January 1998; [1998] EWHC Admin 3
12 Jan 1998
Admn

Administrative, Housing
A council taking action to recover its own land by evicting travellers, was not obliged to have regard to guidelines which applied when considering recovering land for others about behaving humanely etc.
[ Bailii ]
 
Forbes v Smith and Another Times, 14 January 1998
14 Jan 1998
ChD

Administrative, Media
Court judgments are public, not secret documents; A direction that a judgment was not to be reported, was insufficient to prevent publicity.


 
 Stewart v Secretary of State for Scotland (Scotland); HL 22-Jan-1998 - Times, 28 January 1998; [1998] UKHL 3; 1998 SC (HL) 81
 
Regina v Minister of Agriculture, Fisheries and Food ex parte Caa Barnes and Partners [1998] EWHC Admin 196
17 Feb 1998
Admn

Administrative

[ Bailii ]

 
 Regina v Cardiff County Council ex parte Sears Group Properties Limited; Admn 13-Mar-1998 - Times, 29 April 1998; Gazette, 29 April 1998; [1998] EWHC Admin 320

 
 Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB; CA 18-Mar-1998 - Times, 23 March 1998; Gazette, 29 April 1998; [1998] EWCA Civ 486; [1999] QB 396; [1999] QB 396; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] EWCA Civ 486; [1998] 3 WLR 57; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] 3 WLR 57

 
 Regina v Dover Magistrates' Court ex parte Norman Lionel Webb; Admn 18-Mar-1998 - [1998] EWHC Admin 332

 
 Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB; CA 18-Mar-1998 - Times, 23 March 1998; Gazette, 29 April 1998; [1998] EWCA Civ 486; [1999] QB 396; [1999] QB 396; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] EWCA Civ 486; [1998] 3 WLR 57; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] 3 WLR 57

 
 Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another; Admn 19-Mar-1998 - [1998] EWHC Admin 341; 112 ILR 735
 
Jones v Hellard Times, 23 March 1998
23 Mar 1998
QBD

Administrative
Use of initials FRIBA by retired member was holding out as Architect and breach of regulations. Was required to be practising.
Architects Registration Act 1938


 
 Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan; Admn 3-Apr-1998 - Times, 23 April 1998; [1998] EWHC Admin 395

 
 Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen's Bench Division); HL 7-Apr-1998 - Times, 07 April 1998; Gazette, 07 May 1998; [1998] UKHL 16; [1999] Crim LR 220; [1998] 2 All ER 193; [1998] 2 WLR 715; [1998] AC 641
 
Practice Statement (Supreme Court: Judgments) Times, 23 April 1998; [1998] 1 WLR 825
23 Apr 1998
LCJ

Administrative
Sets out new arrangements under which judgments in the High Court and Court of Appeal are to be handed down. Copies available to parties first in order to spot need for corrections.
1 Citers


 
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28; (1998) 153 ALR 490; (1998) 72 ALJR 841; (1998) 8 Legal Rep 41
28 Apr 1998

McHugh, Gummow, Kirby and Hayne JJ
Commonwealth, Administrative
(High Court of Australia) "In our opinion, the Court of Appeal of New South Wales was correct in Tasker v Fullwood in criticising the continued use of the 'elusive distinction between directory and mandatory requirements' and the division of directory acts into those which have substantially complied with a statutory command and those which have not They are classifications that have outlived their usefulness because they deflect attention from the real issue which is whether an act done in breach of the legislative provision is invalid. The classification of a statutory provision as mandatory or directory records a result which has been reached on other grounds. The classification is the end of the inquiry, not the beginning. That being so, a court, determining the validity of an act done in breach of a statutory provision, may easily focus on the wrong factors if it asks itself whether compliance with the provision is mandatory or directory and, if directory, whether there has been substantial compliance with the provision. A better test for determining the issue of validity is to ask whether it was a purpose of the legislation that an act done in breach of the provision should be invalid. This has been the preferred approach of courts in this country in recent years, particularly in New South Wales. In determining the question of purpose, regard must be had to 'the language of the relevant provision and the scope and object of the whole statute.'"
1 Citers

[ Austlii ]
 
Regina v Department of Health, Ex Parte Bhaugeerutty and Another Times, 01 May 1998
1 May 1998
QBD

Administrative
Decision of two lay members of Registered Homes Tribunal against view of deceased qualified member who had indicated contrary view but had not considered other opinions could not stand.
Registered Homes Act 1984 10

 
Regina v Secretary of State for Home Department ex parte Behluli [1998] EWCA Civ 788; [1998] IAR 407
7 May 1998
CA

Immigration, Administrative
The appellant argued that he had a legitimate expectation, based on letters to his solicitor from the Secretary of State, that his application for asylum would be considered pursuant to the Dublin Convention, an unincorporated international treaty. Held. The appeal was dismissed: "The extent to which statements could found a legitimate expectation depended upon the circumstances in which they were made: whether, reasonably construed, they could be taken as propounding a policy, or were merely statements applicable to particular cases or classes of cases. Regard had to be given to the background against which they were made and, if made against the background of statutory provisions, to the terms of the Act and any relevant rules."
1 Cites

1 Citers

[ Bailii ]
 
Regina v Security Services Tribunal ex parte Clarke [1998] EWCA Civ 864
20 May 1998
CA

Administrative, Employment, Armed Forces

[ Bailii ]
 
Secretary of State for Social Security and Another v Harmon and Another [1998] EWCA Civ 920; [1999] 1 WLR 163
5 Jun 1998
CA

Benefits, Administrative

1 Cites

1 Citers

[ Bailii ]
 
Regina v Chairman of Inquiry Into Matters Arising From the Death of Stephen Lawrence ex parte A'Court, A'Court and Norris [1998] EWHC Admin 633
12 Jun 1998
Admn

Administrative

[ Bailii ]
 
Regina v Chairman of Inquiry Into Matters Arising From Death of Stephen Lawrence ex parte Neil A'Court and Jamie A'Court and David Norris [1998] EWHC Admin 647
18 Jun 1998
Admn

Administrative

[ Bailii ]
 
Regina v Crown Court At Cambridge, ex parte Rld Buckland Times, 17 September 1998; Gazette, 26 August 1998; [1998] EWHC Admin 742
13 Jul 1998
Admn

Crime, Administrative, Judicial Review
There is in law no right to appeal to the Crown Court against a Chief Constable's refusal to amend the conditions attached to a firearms certificate. The system of applying such conditions was a discrete and separate system. His only remedy was in judicial review.
Firearms Act 1968 29 44
[ Bailii ]
 
Sheffield and Horsham v The United Kingdom Times, 04 September 1998; 22985/93; 23390/94; (1998) 27 EHRR 163; 22985/93; [1998] ECHR 69; 23390/94
30 Jul 1998
ECHR

Human Rights, Family, Administrative
It is within a nation's margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom's apparent failure to take any steps to keep this area of the law under review. There is, the court said, an increased social acceptance of trans-sexualism and an increased recognition of the problems which post-operative transsexual people encounter. The court reiterated that this area 'needs to be kept under review by Contracting States'
Hudoc No violation of Art. 8; No violation of Art. 12; No violation of Art. 14+8; Not necessary to examine Art. 13
European Convention on Human Rights Art 8, 12
1 Cites

1 Citers

[ Bailii ]
 
Roussel UCLAF Australia Pty Limited and others v Pharmaceutical Management Agency Limited [1998] UKPC 36
30 Jul 1998
PC
Lord Lloyd of Berwick, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton, Sir John Balcombe
Commonwealth, Administrative
(New Zealand) Allegation that a committee had acted unreasonably in setting a price for pharmaceuticals.
[ Bailii ]

 
 International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners); ECJ 1-Oct-1998 - Times, 01 October 1998; T-133/95; T-204/95
 
Wilhelm Mecklenderg v Kreis Pinneberg - Der Landrat Gazette, 14 October 1998; C-321/96
14 Oct 1998
ECJ

Administrative
Documents which were held with regard to the assessment of the environmental impact of a development proposal were documents held in connection with the environment and so were disclosable to the public.

 
Regina v Secretary of State for the Home Department ex parte Ahmed and Others Times, 15 October 1998
15 Oct 1998
CA

Administrative
There should be no difference between the exercise of a prerogative or of a statutory discretion when the Home Secretary allowed for an International Treaty which was not incorporated into English law.
European Convention on Human Rights 1950 (Cmnd) 8969)


 
 Practice Direction (Crown Court: Welsh Language; CACD 30-Oct-1998 - Times, 30 October 1998
 
Regina v Cambridge Crown Court ex parte RLD Buckland [1998] EWHC Admin 1059
10 Nov 1998
Admn

Administrative

[ Bailii ]
 
Regina v Secretary of State for Foreign and Commonwealth Office ex parte Ginwalla [1998] EWHC Admin 1067
13 Nov 1998
Admn

Administrative, Immigration
Appeal against refusal of passport and refusal of leave to stay.
[ Bailii ]
 
Regina v Secretary of State for Foreign and Commonwealth Office ex parte Ginwalla [1998] EWHC Admin 1068
13 Nov 1998
Admn

Administrative, Immigration
Appeal against refusal to grant passport and leave to stay.
[ Bailii ]
 
Regina v Secretary of State for Health, ex parte Eastside Cheese Company Times, 01 December 1998
1 Dec 1998
QBD

Administrative
An order made by the Secretary of State for a cheese manufacturer to cease production and to seize product without compensation as an emergency was disproportionate where the local officers had adequate power under section 9 under which compensation was payable.
Food Safety Act 1990 13
1 Cites

1 Citers


 
Secretary of State for Social Security v M Times, 31 December 1998
31 Dec 1998
IHCS

Administrative
(Scotland) Any tribunal has the power to reach a decision by majority unless the statute under which it operates expressly provides otherwise. Pensions Appeal tribunal is one of these, and majority decision acceptable. English authorities are not binding.

 
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