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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: 2001 To: 2001

This page lists 64 cases, and was prepared on 02 April 2018.

 
Zadari v Secretary of State [2001] EWHC Admn 275
2001
Admn

Administrative
In exercising his discretion on whether to transmit requested information to a foreign government, the respondent had to weigh all competing interests to safeguard against an abuse of the international mutual assistance process by foreign governments
1 Citers


 
Gorlov v Institute of Chartered Accountants [2001] EWHC Admin 22
2001

Jackson J
Administrative, Costs
The court considered the principles applicable when considering an award of costs against a professional body carrying out its disciplinary function.
1 Citers


 
Haley, Regina (on the Application Of) v London Borough of Harrow [2001] EWCA Civ 87
16 Jan 2001
CA
Laws LJ
Administrative
Renewed application for permission to appeal against an order which refused the applicant's renewed application for permission to seek judicial review of the respondent council's conduct of a Child Protection Conference.
[ Bailii ]
 
The Lord Chancellor, The Lord Chancellors Department v J Coker, M Osamor Times, 23 January 2001; EAT/820/99; EAT/819/99
17 Jan 2001
EAT
The Honourable Lord Johnston
Discrimination, Employment, Administrative
A special adviser was not a civil servant subject to the normal rules governing such, and nor was the appointment of that adviser. The appellant had chosen his special adviser without advertisement, and had chosen someone well known to him. The requirement was not only that someone be appointed who was known to the Chancellor, but also that it be someone in whom he had established trust and confidence. Equally the question of disproportionate impact was broader than the likely impact between men and women. That test had to be judged as within the pool of people who might satisfy the requirements of the post.
EAT Sex Discrimination - Inferring Discrimination
Sex Discrimination Act 1975

 
Newton(A Minor), Re Application for Judicial Review [2001] NIQB 1
17 Jan 2001
QBNI

Northern Ireland, Administrative

[ Bailii ]
 
Brun, Re Application for Judicial Review [2001] NIQB 3
30 Jan 2001
QBNI

Northern Ireland, Administrative

[ Bailii ]
 
Greville v Sprake [2001] EWCA Civ 234
15 Feb 2001
CA

Administrative

[ Bailii ]

 
 Attorney-General v Covey; Attorney-General v Matthews; CA 19-Feb-2001 - Times, 02 March 2001; [2001] EWCA Civ 254

 
 Regina v The Chief Constable of the Northumbria Constabulary ex parte Thompson; CA 8-Mar-2001 - Times, 20 March 2001; Gazette, 20 April 2001; [2001] EWCA Civ 321
 
Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally Times, 23 March 2001; Gazette, 11 May 2001; [2001] EWCA Civ 332
12 Mar 2001
CA

Education, Administrative, Natural Justice
Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to ask the representative to withdraw in certain circumstances. There was no advice he could give to the panel members which would not better have been given in the presence of the teacher. The decision to exclude the representative was not unreasonable.
Education Act 1996 496 97
[ Bailii ]
 
Regina (On the Application of Bajram Zeqiri) v Secretary of State for The Home Department Times, 16 March 2001; [2001] EWCA Civ 342; [2002] Imm AR 296
12 Mar 2001
CA
Lord Phillips MR
Immigration, Administrative
The applicant's case had been delayed to allow a test case as to whether Germany was to be treated as a safe country for the return of asylum seekers. Before the test case appeal was abandoned, circumstances changed so as to allow certification of Germany. The Home Secretary therefore abandoned the appeal and ordered the return of the applicants to Germany. The applicant challenged the decision saying that the delay of cases to allow the test case to proceed created a legitimate expectation which was not respected by the review. Held: "… First and foremost, I agree with the conclusions of Collins J in Artan Gjoka and Shefki Gashi. The provisions as to time in the Dublin Convention are designed to govern the relationship between the parties to it, not to confer rights on applicants for asylum. In the second case, the Dublin Convention does not form part of our domestic law and cannot govern the manner in which the 1996 Act operates" The Secretary's decision was unlawful.
1 Cites

1 Citers

[ Bailii ]
 
Phillis Trading Ltd v 86 Lordship Road Ltd Times, 16 March 2001
16 Mar 2001
CA

Landlord and Tenant, Administrative
A tenant wanting to purchase the freehold offered a sum without mentioning the costs. The landlord counter offered to accept the sum but with costs. His rejection of the offer was unreasonable. The effect would be to nullify the Act since it would lead to tenants paying more for low value freeholds. The power of a tribunal to award costs should be exercised so as to encourage and not to discourage settlements. The landlord should have considered whether the offer was reasonable without looking for costs.
Leasehold ReformHousing and Urban Development Act 1993

 
Regina v Governor of Dartmoor Prison, Ex Parte N Times, 20 March 2001
20 Mar 2001
QBD

Administrative
The applicant was convicted of a sexual assault, sentenced and released. His conviction became spent under the Act. He later was convicted of other offences and sentenced again, but on release the details of the spent conviction were relayed by the Governor to the local social services under guidance issued by the Home Office. Though there was an apparent conflict between the guidance and the Act, the guidance required only disclosure in the course of an official duty and was lawful.
Rehabilitation of Offenders Act 1974

 
Kesse v Secretary of State for the Home Department Times, 21 March 2001
21 Mar 2001
CA

Administrative, Immigration
The immigration appeal tribunal has the power to order the attendance of witnesses before it even against the wishes of the parties to the hearing. The tribunal sought evidence from a lady whose marriage to the applicant was said to be the basis of the fraudulent obtaining of leave to remain in the UK. As an appellate tribunal, the IAT had power under the rules.
Immigration (Procedure) Rules 1984 (1984 No 2041) 27(1)

 
Regina v Secretary of State for Home Department ex parte Mellor Gazette, 01 June 2001; Times, 01 May 2001; [2001] EWCA Civ 472; [2002] QB 13; [2001] 3 WLR 533; [2001] 2 FLR 1158; (2001) 59 BMLR 1; [2001] 2 FCR 153; [2001] HRLR 38; [2001] Fam Law 736
4 Apr 2001
CA
Lord Phillips MR, Peter Gibson LJ, Latham LJ
Human Rights, Administrative, Family, Prisons
A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the interference with the prisoner's rights was proportionate, a refusal to provide the additional facilities which would be necessary was not an infringement of article 12, and nor was the policy unlawful or irrational.
Lord Phillips MR said: "Penal sanctions are imposed, in part, to exact retribution for wrongdoing. If there were no system of penal sanctions, members of the public would be likely to take the law into their own hands. In my judgment it is legitimate to have regard to public perception when considering the characteristic of a penal system."
European Convention on Human Rights Art 12
1 Cites

1 Citers

[ Bailii ]
 
Regina v Brent London Borough Council Ex Parte Khadim Gazette, 05 April 2001
5 Apr 2001
CA

Administrative, Benefits
A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court. Whether a person living in the same house as a relative was residing with him, was matter for ordinary English usage. The statute did not provide a full and exclusive definition, and the case was remitted for reconsideration.

 
Regina on the Application of Johannes Mooyer v Personal Investment Authority Ombudsman Bureau Limited [2001] EWHC Admin 247
5 Apr 2001
Admn

Administrative

[ Bailii ]
 
Regina v Environmental Agency, ex parte Marchiori and Another Gazette, 12 April 2001
12 Apr 2001
QBD

European, Environment, Administrative
The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the Environment Agency had properly considered to be outwith its jurisdiction. The later confirmation by the Food Standards Agency of the licence remedied the defect as regards the need for its approval at the time.
Recommendations of the International Commission on Radiological Protection (Nov 1990) - Environment Act 1995 16(4A)(b)

 
B v The United Kingdom; P v The United Kingdom Times, 15 May 2001; 36337/97; 35974/97; (2002) 34 EHRR 529; [2001] 2 FLR 261; [2001] ECHR 295; [1999] ECHR 179; [2001] Fam Law 506; [2001] 2 FCR 221; 11 BHRC 667
24 Apr 2001
ECHR
J-P Costa P, Loucaides, Kuris, Tulkens, Sir Nicolas Bratza, Greve and Mr K Traja JJ, and Dolle, Section Registrar
Children, Human Rights, Administrative
The procedures in English law which provided for privacy for proceedings involving children did not in general infringe the human right to family life, nor the right to a public hearing. Where relatives more distant than immediate parties were affected, the rules allowed application for their admission to the proceedings, and leave could also be sought to disclose the results of the proceedings to named parties. Custody and contact disputes were prime examples of situations where exclusion of the press and public could be justified to protect the interests of the child and parties to the case: "such proceedings are prime examples of cases where the exclusion of the press and public may be justified in order to protect the privacy of the child and parties and to avoid prejudicing the interests of justice. To enable the deciding judge to gain as full and accurate a picture as possible of the advantages and disadvantages of the various residence and contact options open to the child, it is essential that the parents and other witnesses feel able to express themselves candidly on highly personal issues without fear of public curiosity or comment … to pronounce the judgment in public would, to a large extent, frustrate these aims." Parties were expected to be candid and open about events, and that would be threatened if proceedings were held in public.
European Convention on Human Rights 6.1
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Securities and Futures Authority Limited Disciplinary Appeal Tribunal of Securities and Futures Authority Limited ex parte Bertrand Fleurose Times, 15 May 2001; [2001] EWHC Admin 292
26 Apr 2001
Admn

Financial Services, Human Rights, Administrative
Those elements of Human Rights law which related to criminal charges could not be applied to disciplinary proceedings of the Securities and Futures Authority. Such proceedings are in their nature civil proceedings. Although a financial penalty was capable of being imposed, it could only be enforced as a civil debt. The applicant had the normal private rights of any member of an association.
1 Citers

[ Bailii ]

 
 Regina v London Borough of Newham and Manik Bibi and Ataya Al-Nashed; CA 26-Apr-2001 - Times, 10 May 2001; Gazette, 07 June 2001; [2001] EWCA Civ 607; [2002] 1 WLR 237
 
Regina (Marchiori and Another) v Environmental Agency Times, 01 May 2001
1 May 2001
QBD

European, Environment, Administrative
The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the Environment Agency had properly considered to be outwith its jurisdiction. The later confirmation by the Food Standards Agency of the licence remedied the defect as regards the need for its approval at the time.
Recommendations of the International Commission on Radiological Protection (Nov 1990) - Environment Act 1995 16(4A)(b)

 
Ali v Kirklees Metropolitan Borough Council Times, 01 May 2001
1 May 2001
CA

Education, Administrative
A Special Educational Needs Tribunal made a decision, in ignorance of information which had been withheld by the authority, and which it should have disclosed. The parents did not want their son transferred to particular school, because they felt that accidents which had occurred at the present school would recur at the new school. The authority did not disclose such an accident from some several years before. The chairman certified that the information would not have affected the decision. The court held that the lapse of time, and change of circumstances after the accident made it now irrelevant and declined to overturn the decision.

 
Regina (Toth) v Solicitors Disciplinary Tribunal Times, 03 May 2001
3 May 2001
QBD

Legal Professions, Administrative
An application to the Solicitors' Disciplinary Tribunal could properly be referred to the Office for the Supervision of Solicitors before any finding had been made as to the presence of a prima facie case to answer. The purpose of the tribunal was not to settle a lis between the solicitor and complainant, but to settle the fitness of a solicitor to practise his profession, and the rules of the Tribunal should not be interpreted on that basis that that was their nature. Nevertheless, a reference must be for the purposes stated in the rules, namely so that a decision could be made as whether to lodge a further application against the respondent.
Solicitors (Disciplinary Proceedings) Rules 1994 (1994 No 288) 28


 
 Jordan v United Kingdom; McKerr v United Kingdom; similar; ECHR 4-May-2001 - Times, 18 May 2001; 24746/94; 37715/97; 30054/96; [2001] 11 BHRC 1; [2001] 37 EHRR 52; 28883/95; (2002) 34 EHRR 20; [2001] ECHR 323; [2001] ECHR 324; [2001] ECHR 325; [2001] ECHR 327; [2001] ECHR 328; [2001] ECHR 329; [2001] ECHR 330
 
Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others Times, 10 May 2001; Gazette, 14 June 2001; [2001] 2 AC 295; [2001] 2 WLR 1389; [2001] 2 All ER 929; [2001] UKHL 23
9 May 2001
HL
Lord Slynn of Hadley Lord Nolan Lord Hoffmann Lord Hutton Lord Clyde
Planning, Human Rights, Administrative, Constitutional
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 it 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.
An interference with a claimant's use of property as opposed to his ownership, will not usually give right to an order for compensation.
In the absence of some special circumstances the court should follow any clear and constant jurisprudence of the European Court of Human Rights.
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"
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 explained that "in a democratic country, decisions as to what the general interest requires are made by democratically elected bodies or persons accountable to them", and that such a decision "is not a judicial or quasi-judicial act", but is "the exercise of a power delegated by the people as a whole to decide what the public interest requires".
Human Rights Act 1998 - Town and Country Planning Act 1990 - European Convention on Human Rights
1 Cites

1 Citers

[ Bailii ] - [ House of Lords ]

 
 Regina (On the Application of Hughes and Others) v Commissioner for Local Administration; QBD 17-May-2001 - Gazette, 17 May 2001
 
F and I Services Ltd v Commissioners of Customs and Excise [2001] EWCA Civ 762
23 May 2001
CA
Lord Justice Robert Walker, Lord Justice Sedley And Mr Justice Lightman
VAT, Administrative, Estoppel
VAT implications of tripartite voucher schemes
[ Bailii ]
 
Regina v Yash Pal Kansal, on a Reference From the Criminal Cases Review Commission (2) Times, 11 June 2001; Gazette, 12 July 2001; [2001] EWCA Crim 1260; [2002] AC 69
24 May 2001
CACD
Rose LJ VP, Rougier J, McCombie J
Crime, Administrative, Human Rights
Once a case had been referred to the Court of Appeal by the Criminal Cases Review Commission, the court had to make a declaration, even if the case was very old. The effect of the 1998 Act on statute law was not retrospective, but where it affected common law the effect could be retrospective, since common law was deemed always to have been the way it now is. The result was that standards of evidence in criminal cases had retrospectively made many convictions liable to be set aside.
Human Rights Act 1998
1 Cites

1 Citers

[ Bailii ]
 
Regina (P) v Secretary of State for the Home Department, Regina (Q) v Same Times, 01 June 2001; Gazette, 21 June 2001; [2001] 3 FCR 416; [2001] FLR 1122
1 Jun 2001
QBD

Administrative, Human Rights, Criminal Sentencing
The Prison Service's policy of refusing to allow children over the age of eighteen months to stay with their mother in prison was lawful. The impairment of family life was an inevitable and inherent part of the imposition of a sentence of imprisonment. The policy was to designed allow for the protection of children's interests so far as possible. The use of a fixed age allowed proper preparation, and consistency of facilities, and there was nothing in the policy to prevent consideration of the individual circumstances in particular cases. There were arguments both for lowering the age so as to minimise the damage by occasioning it when the bond between mother and child was less, and otherwise.
Prison Rules 1999 (1999 No 728) - Children Act 1989 1 - Prison Act 1952
1 Citers


 
James, Regina (on the Application Of) v Secretary of State for Department of Trade and Industry [2001] EWCA Civ 965
15 Jun 2001
CA
Sedley LJ
Administrative
Appeal against disciplinary decision of the Disciplinary Tribunal of the Institute of Chartered Accountants.
[ Bailii ]
 
A, Re Application for Judicial Review [2001] NIQB 21
25 Jun 2001
QBNI
Kerr J
Northern Ireland, Police, Administrative
The applicant, who feared for his life if identified, sought the release to him of materials discovered by the police in searching premises associated with a loyalist paramiliitary group. He thought that they might include information sourced form the security services. The request was refused. The police offered assistance and advice with the applicant's security instead. Held: The state had a duty to assess such a risk, and to provide some information to the applicant, but also had a margin of appreciation as to how it would protect the lives of an individual. He was not entitled to obtain this information in order to take proceedings himself against those who had released information about him. He remained free to take proceedings if he wished.
1 Cites

[ Bailii ]

 
 Quaquah v Group 4 Securities Ltd and Another; QBD 27-Jun-2001 - Times, 27 June 2001
 
Regina v Secretary of State for Education and Employment ex parte Amraf Training plc Times, 28 June 2001
28 Jun 2001
CA

Litigation Practice, Administrative, Judicial Review
On a complaint in public law, if a party wishes to raise allegations of victimisation in the nature of malice, ill will, or undisclosed ulterior motive, in the course of proceedings, these matters had to be raised clearly and explicitly. It was inappropriate to raise such issues clearly only on appeal. Here the judge could not be criticised for taking the evidence as it was presented to him. Evidence as to victimisation introduced only at that later stage would not be admitted.


 
 Nash v Chelsea College of Art and Design; QBD 11-Jul-2001 - Times, 25 July 2001; [2001] EWHC Admin 538
 
Jobsin co uk plc (trading as Internet Recruitment Solutiona) v Department of Health Gazette, 31 August 2001; Times, 02 October 2001
13 Jul 2001
CA
Thorpe, Dyson LJJ, Dyson Astill JJ
Administrative
A health authority advertised for contractors to create an on-line recruitment facility. They considered it to be a contract for employment related services, which was subject to tendering requirements 'B', under the Act. The claimants asserted that it was a contract for the provision of computer services, and should have been tendered under the more stringent 'A' requirements. The judge found that it was a computer services contract, and though out of time, the delay was excusable, and time extended. On appeal, the court confirmed that it was a contract for computer services, but that the extension of time was not warranted.
Public Services Regulations 1993 32(4)


 
 Jobsin Co UK Plc (T/A Internet Recruitment Solutions) v Department of Health; CA 13-Jul-2001 - [2001] EWCA Civ 1241; [2001] Eu LR 685; [2002] 1 CMLR 44
 
Bellinger v Bellinger Times, 15 August 2001; Gazette, 31 August 2001; [2001] EWCA Civ 1140; [2002] 2 WLR 411; [2002] Fam 150
17 Jul 2001
CA
Butler-Sloss President, Thorpe LJ, Walker LJ
Family, Administrative
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words 'male and female' in the section had not previously been interpreted. The Corbett criteria remained applicable. The ability to marry is a matter of status, and is not for the parties alone. If this law is to be changed it must be for parliament to do so. (Lord Thorpe dissenting)
Matrimonial Causes Act 1973 11(c)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Carroll and Al-Hasan and Secretary of State for Home Department [2002] 1 WLR 545; [2001] EWCA Civ 1224; [2001] HRLR 58
19 Jul 2001
CA
Lord Woolf CJ, Tuckey and Arden LJJ
Prisons, Administrative
Two appellants were prisoners at a high security prison. A search involved the prisoner squatting so that items which might be hidden in their genital or anal areas could be seen. The appellants refused to squat. Both were charged with refusing to obey a lawful order. The charges were found proved by the deputy governor, who imposed a penalty of two additional days on one of the men together with various other penalties, and penalties not involving additional days on the second man. The second man was a lifer; the first was not. The Secretary of State upheld the decisions and judicial review was refused. Held: The Court dismissed the appeals.
Lord Woolf CJ said: "In the case of Mr Fitzgerald's clients, the nature of the offence and the severity of the penalty actually imposed for the offence point in our judgment uncontestedly to the conclusion that no criminal charge is involved. Mr Fitzgerald argued that the nature of the proceedings is a more satisfactory second criterion but we do not accept this gloss improves on the Engel approach. We are concerned as to whether a criminal charge is involved. The nature of the offence was essentially disciplinary. Furthermore, the penalty which was imposed in the case of Mr Carroll, did involve additional days but additional days of a very limited number and not an additional sentence of imprisonment. It is true that the rule potentially provided for 42 additional days being imposed but as a matter of practice anything other than a small number of additional days would have been set aside as inappropriate for an offence of disobeying an order. We therefore have no hesitation in confirming the detailed and clear reasoning of Newman J for saying that Mr Fitzgerald's clients were not subject to a criminal charge."
1 Cites

1 Citers

[ Bailii ]
 
Director General of Fair Trading v Proprietary Association of Great Britain and Another [2001] EWCA Civ 1217
26 Jul 2001
CA
Lord Justice Brooke, Lord Justice Robert Walker, Master of the Rolls
Administrative, Costs, Human Rights
The appeal court had previously remitted a matter to the Restrictive Practices court, having found that the court might be biased. The parties having settled the main litigation, they sought the additional costs incurred by them in correcting what they said was the fault of the court. The Lord Chancellor responded that the parties were acting only in a representative capacity, the court hearing was not determinative of their rights, thus their Human rights had not been infringed. No representative order had been made. The request failed.
Supreme Court Act 1981 51 - Human Rights Act 1998 - Restrictive Practices Court (Resale Prices) Rules 1976 9(b)
[ Bailii ]
 
Carter Commercial Developments v Bedford Borough Council [2001] EWHC (Admin) 669; Unreported, 27 July 2001
27 Jul 2001
Admn
Jackson J
Planning, Administrative
The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced within time. Held: The proceedings had been brought in that form simply in order to circumvent the time limit imposed by Part 54 of the Civil Procedure Rules and ought therefore to be struck out. It was an abuse of process to seek to decide an issue of public law by means of a private law action such as an application for a declaration.
1 Citers



 
 Regina v Royal Pharmaceutical Society of Great Britain, ex parte Mahmood and Another; CA 31-Jul-2001 - Times, 09 August 2001; Gazette, 27 September 2001
 
Regina on the Application of Anna Ford v The Press Complaints Commission [2001] EWHC Admin 683
31 Jul 2001
Admn
The Honourable Mr. Justice Sibler
Media, Information, Judicial Review, Human Rights, Administrative
The complainant had been photographed wearing a bikini, whilst on holiday by a photographer using a long lens. She had been on a quiet part of public beach. She complained to the Press Complaints Commission who rejected her complaint. The rules required press not to use such tactics when the subject was on private property, and the definition of that included a place where there was a reasonable expectation of privacy. The commission found it to be a public place. She sought to review their decision. The commission that it exercised a public function under the Act. On judicial review, the court was not to substitute its own decision for that of the executive. The human rights law might now require a more intensive review, when considering the proportionality of any interference with the subject's rights of privacy. Nevertheless, the English courts will continue to defer to the views of bodies like the Commission even after the HRA. In this case also there had been a delay in applying for the review, and the application for leave to review was dismissed.
Code of Practice of the Press Complaints Commission - Human Rights Act 1998 6
1 Cites

[ Bailii ]
 
Oxfordshire County Council v G B and Others [2001] EWCA Civ 1358; (2002) ELR 8
22 Aug 2001
CA
Lord Justice Aldous, Lord Justice Robert Walker, Lord Justice Sedley
Education, Administrative
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, given the possible substantial costs of providing education in a special school. The tribunal must strike a balance, and see whether the refusal to find the additional costs was unreasonable. The costs should not be compared 'at large', and there is no protean law as to how such costs should be calculated.
Education Act 1996 324(5)
1 Cites

[ Bailii ]

 
 London Regional Transport, London Underground Limited v Mayor of London Transport for London; CA 24-Aug-2001 - [2003] EMLR 4; [2001] EWCA Civ 1491
 
Ness Training Limited v Triage Central Ltd and c [2001] ScotCS 212; [2001] ScotHC 94
27 Aug 2001
ScHC
Lord Eassie
Scotland, Company, Administrative, Trusts
The complainant sought a contract to deliver services to the New Deal system in Scotland as part of a joint venture. They incorporated in England, but were then told they needed to be a Scottish company. A new company was established in Scotland, which continued the services. The other members of the venture later declined to account of a share of the receipts, and a claim was made for such a share. Held: A joint venture need not amount to a partnership in law. Were the business profits held subject to a trust? It was difficult to identify just what property might be subject to such a trust. In reality any duty extended to one to award a share in the company which was to be set up to run the venture. That was not what was claimed, and would fall short of what was claimed.
1 Cites

[ Bailii ] - [ Bailii ]

 
 SIAC Construction v County Council of the County of Mayo; ECJ 18-Oct-2001 - C-19/00; [2001] EUECJ C-19/00; [2001] ECR I-7725
 
Regina (Wilkinson) v Broadmoor Special Hospital and Others Gazette, 15 November 2001; [2001] EWCA Civ 1545; [2002] 1 WLR 419; Times, 02 November 2001; (2002) Lloyd's Rep Med 41; (2002) UKHRR 390; (2002) 65 BMLR 15
22 Oct 2001
CA
Lord Justice Simon Brown, Lord Justice Brooke and Lady Justice Hale
Health, Human Rights, Administrative
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD. Held: Where a mental patient sought to challenge by judicial review the imposition of treatment without his consent, it was open to the court to investigate the merits of the decision to impose treatment, and it was not restricted to testing the reasonableness of the decision. This would include the power of the court to require the attendance and examination of medical witnesses. Had the patient proceeded by way of a claim for damages for assault that power would have existed. If the patient's human rights were to be respected, an investigation of the merits must be allowed.
Mental Health Act 1983 58(3)(b) - European Convention on Human Rights 6
1 Citers

[ Bailii ]
 
Collins, Regina (on the Application of) v Lincolnshire Health Authority [2001] EWCA Civ 1779
7 Nov 2001
CA
Brooke, Latham LJJ
Administrative

[ Bailii ]
 
Regina (on the Application of Widgery Soldiers) v Members of the Tribunal Sitting As the Bloody Sunday Inquiry [2001] EWHC Admin 888
16 Nov 2001
Admn

Administrative
Challenge by judicial review to a ruling of the Bloody Sunday Inquiry ruling that the soldiers and former soldiers, to give oral evidence before the Tribunal over a period of some six months should do so in Londonderry Guildhall where, hitherto, for the most part the Tribunal has sat, rather than in London or some other part of Great Britain.
[ Bailii ]
 
Regina (A and Others) v Lord Saville of Newdigate and Others Times, 23 November 2001; Gazette, 14 December 2001
16 Nov 2001
QBD
Lord Justice Rose and Mr Justice Sullivan
Human Rights, Administrative
When making a decision which would interfere with the human rights of an individual, and even where the risks from which protections was sought, could be seen as small, it was the duty of the decision maker to justify the interference. The individual was not to be called upon to prove the risk. Here the respondent was holding a major public inquiry into the events of Bloody Sunday. Parties wanted soldiers involved in the incident to appear in person. The soldiers asserted that they were at personal risk if they attended. The respondent ordered them to attend. It was held that the order requiring them to attend was to be set aside. The Osman test did not apply. The risk was not fanciful, and the decision that they could be adequately protected by the Security Services was a procedural unfairness.
1 Cites

1 Citers


 
Wykeham (Trading as Knightwood Kennels) and Another v The Minister of State for Agriculture, Fisheries and Food [2001] EWHC Admin 979
19 Nov 2001
Admn
Rafferty J
Administrative, Animals
Appeal from refusal of leave to seek judicial review of letter altering arrangements for compensation to quarantine kennels on the relaxation quarantine requirements.
[ Bailii ]
 
Regina (on the Application on Denis James Galligan) v the Chancellor Masters and Scholars of the University of Oxford [2001] EWHC Admin 965
22 Nov 2001
Admn
Justice Scott Baker
Education, Administrative
The applicant was director of the institute for socio-legal studies in Oxford. He made a decision to exclude a lecturer, and now challenged a decision by the University to set up an external enquiry into his decision, after an earlier decision to support the exclusion. The terms of the enquiry risked raising matters which might lead to disciplinary proceedings against the claimant. Held: The decision had been taken under the Chancellor's general powers and could not be described as perverse or unreasonable. The claimant would not be put at risk of disciplinary proceedings. A legitimate expectation claim required to establish just what had been promised, whether it intended to act unlawfully with regard to that commitment, and what the court should do. No claim for legitimate expectation arose.
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[ Bailii ]
 
Coker and Osamor v The Lord Chancellor and the Lord Chancellor's Department Times, 03 December 2001; Gazette, 17 January 2002; [2001] EWCA Civ 1756; [2002] Emp LR 91; [2002] IRLR 80; [2002] ICR 321
22 Nov 2001
CA
Lord Phillips Mr, Lord Justice Schiemann, And, Lord Justice Mummery
Employment, Discrimination, Administrative
The Lord Chancellor's action in appointing to a special adviser's post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed because they were not personally known to the Lord Chancellor. In practice a post had been created for the person appointed. It was claimed that the requirement that the applicant be known to the Lord Chancellor, and be acceptable to him, had a disproportionate requirement against women and against non-white applicants. If the tribunal had reasoned that such a requirement would exclude greater proportions of such potential applicants, then the reasoning was wrong. Indirect discrimination requirement looked at the effect on the pool of potential candidates. It was discriminatory only if a significant proportion of the pool were able to satisfy the requirement. Where the requirement excluded almost the entirety of the pool, it could not constitute discrimination within the statutes. Since the requirement excluded everyone except the person appointed, it could have had no disproportionate effect on the different groupings within the pool.
Sex Discrimination Act 1975 1(1)(b) - Equal Treatment Directive (76/207/EEC) (OJ 1976 L39/40) - Race Relations Act 1976
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[ Bailii ]
 
Diane Barker v London Borough of Bromley [2001] EWHC Admin 1038; [2000] Env LR 1
23 Nov 2001
QBD
Lord Justice Brooke Lord Justice Latham And Mr Justice Burton
Administrative, Planning, European
The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. Did an outline permission and subsequent approval of reserved matters require an environmental impact assessment? Held: The Directive was to be interpreted so as to give it a wide scope. The reserved matters would affect the appearance of the site. The 1988 Regulations would not require an assessment for approval of reserved matters. Nevertheless the Directive did not require assessments at each stage of a permission. There is no lacuna in the Regulations.
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 - Directive 85/57/EEC
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[ Bailii ]
 
Rajkumar v Lalla, Wooding, Mohammed, Walters, Seemungal, (Public Service Commission) and Baptiste (The Commissioner of Prisons) Appeal No 1 of 2001; [2001] UKPC 53
29 Nov 2001
PC
Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Hobhouse of Woodborough, Lord Millett, Sir Andrew Leggatt
Administrative, Employment, Judicial Review
(Trinidad and Tobago) The appellant complained that he had not been treated fairly as a civil servant in having been passed over for promotion. He sought to appeal a finding on judicial review. Held: While some proceedings for judicial review require more elaborate procedures, it is in no sense an optional procedure to be contrasted with some more formal procedure, and no leave is required from a final order in such proceedings. The appellant had been an acting Prison Officer grade II for ten years. The decision of the judge was in error, but the committee could not order his appointment. The case was remitted for the Civil Service Commission for their active consideration, and in the absence of a positive decision, full reasons were to be given.
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[ PC ] - [ PC ] - [ PC ] - [ Bailii ]
 
Starr v Local Commissioner for Administration [2001] EWCA Civ 2024
13 Dec 2001
CA

Administrative, Local Government

[ Bailii ]
 
Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another [2001] EWHC Admin 1047
17 Dec 2001
Admn
Mr Nigel Pleming QC (Sitting As A Deputy High Court Judge
Agriculture, Animals, Human Rights, Judicial Review, Administrative
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 defendant had entered the claimant's land to execute works required under the notice, and the claimant argued this interfered with their property rights under the Convention. The maggot waste which had been supplied to him had included other animal wastes. Held: Neither the Act for the Order allowed any provision for an appeal. Was judicial review a sufficient alternative remedy? Some of the significant decisions predated the Human Rights Act, and the actual procedure adopted allowed representations to be made, and for review if necessary. The Act was compliant.
Animal Health Act 1981 - Animal By-Products Order 1999 - European Convention on Human Rights - Council Directive 90/667/EEC of 27th November 1990.
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[ Bailii ]
 
Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others Times, 21 December 2001; [2001] EWCA Civ 2048; [2002] 1 WLR 1249; [2002] ACD 22; [2001] 3 All ER 289; [2001] All ER (D) 298; (2001) 60 BMLR 1; [2001] Lloyds Rep Med 187
19 Dec 2001
CA
Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Jonathan Parker and Lord Justice Dyson
Human Rights, Armed Forces, Administrative
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be meant by a threat to their article 2 rights to life. The state has a direct duty to seek to protect its citizens when their lives are threatened. The case raised the issue of whether, and in what circumstances, article 2 could require a public authority to desist from a lawful and peaceful activity because of a terrorist threat. The appropriate course is to consider first the nature of the subjective fears that that the soldier witnesses are likely to experience if called to give evidence in the Guildhall, to consider the extent to which those fears are objectively justified and then to consider the extent to which those fears, and the grounds giving rise to them, will be alleviated if the soldiers give their evidence somewhere in Great Britain rather than in Londonderry. That alleviation then has to be balanced against the adverse consequences to the inquiry of the move of venue, applying common sense and humanity. The result of the balancing exercise will determine the appropriate decision. This course will, we believe, accommodate both the requirements of article 2 and the common law requirement that the procedure should be fair.
European Convention on Human Rights
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[ Bailii ]
 
Regina (Augustine Machi) v Legal Services Commission Times, 15 January 2002; Gazette, 27 February 2002; [2001] EWCA Civ 2010; [2002] 1 WLR 983
20 Dec 2001
CA
Lord Justice Simon Brown, Lord Justice Waller and Lord Justice Sedley
Administrative, Legal Aid
The applicant was legally aided under a full certificate. He wished to continue an action despite his solicitors and counsel advising him to accept a settlement offered. The Respondent wished to consider revocation of the certificate, and instructed the solicitors to cease work until a decision had been made. This was a day or so before the trial was listed. Held: The Commission had no power to make such a request in this way. They had acted in a procedurally unfair way to the applicant.
Civil Legal Aid (General) Regulations 1989 (SI 1989 No 339) - Legal Aid Act 1988 4
[ Bailii ]
 
South Wales Sea Fisheries Committee v National Assembly for Wales [2001] EWHC Admin 1162
21 Dec 2001
Admn
The Honourable Mr Justice Richards
Administrative, Agriculture, Local Government, Wales
The committee sought a review of the 2001 Order made under the 1966 Act to revise the contributions to be made by participating members of the committee to the costs of its administration. They contended that the only power over its costs was to order for the employment of fishery officers. By fixing the amounts payable it removed from the Committee its discretion as to how much to collect. Held: There was no power to impose an obligation on the member councils to pay a contribution, and that was one basis of the order, which had therefore been made under a mistake of law. The court's discretion should be exercised to overrule the order.
South Wales Sea Fisheries (Variation) Order 2001 - Sea Fisheries Regulation Act 1966 - Local Government Reorganisation (Wales) (Committees for Sea Fisheries Districts) (Amendment) Order 1996 - South Wales Sea Fisheries (Levies) Regulations 2001
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[ Bailii ]
 
Regina (on the Application of Nahar) v The Social Security Commissioners Times, 21 January 2002; Gazette, 06 March 2002; [2001] EWHC Admin 1049
21 Dec 2001
Admn
Justice Munby
Benefits, Administrative
A finding of fact by one government department is not necessarily binding as such on any other department. The claimant sought a pension as the widow of a British citizen. The Home Office had accepted her marriage certificate as binding, but the Benefits Directorate had rejected it as a forgery. Held: No issue estoppel arose. There was no sufficient degree of identity between different government departments, and the minister exercised the powers in his own name, not the Crown. The department which had rejected the certificate had not been involved in the earlier finding, and the evidence upon which the two findings had been made differed.
[ Bailii ]
 
Fleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities & Futures Authority Ltd Times, 15 December 2001; [2001] EWHC Admin 1085; [2001] EWCA Civ 2015; [2002] IRLR 297
21 Dec 2001
CA
Lord Justice Schiemann, Lord Justice Clarke, And, Mr. Justice Wall
Human Rights, Administrative
The applicant sought to challenge a decision suspending him from authorisation to act as a financial adviser. He was alleged to have sought to affect the Index of share values in order that his company should not be liable under certain options. He said the decision was in effect a criminal decision. Held: It was not a criminal charge. Applying the principles set out in Human Rights case law, the proceedings were not sufficiently serious to take the case to that point. Nevertheless some aspects of the right to a fair trial might apply under article 6. The appellant knew the basis of the allegation against him, and decisions made by him as to the conduct of his defence made the question of free legal representation irrelevant. Because the charge was not criminal evidence obtained under compulsion was admissible.
Schiemann LJ said: "It is common ground between the parties, and we are content to accept, that the Disciplinary Tribunal was involved in the determination of M Fleurose's civil rights for the purposes of Article 6. Therefore clearly the proceedings had to be fair. We accept for present purposes, as did the judge, that it was for the SFA to prove their case, that the SFA had to inform M Fleurose in good time of the nature of the charges, that he must have adequate time and facilities to prepare his defence, a proper opportunity to give and call evidence and question those witnesses called against him. What fairness requires will vary from case to case and manifestly the gravity and complexity of the charges and of the defence will impact on what fairness requires. In this context we have born in mind, as did the judge, the points made by the Human Rights Court in Paragraphs 30 and 39 of Albert & Le Compte v Belgium, and in paragraphs 32 and 33 of Dombo Beheer BV v The Netherlands [1993] 18 EHRR 213."
European Convention on Human Rights Art 6
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Moore's (Wallisdown) Ltd v Pensions Ombudsman and Another; Royal and Sun Alliance Life and Pensions Ltd v Same Times, 01 March 2002
21 Dec 2001
ChD
Ferris J
Costs, Administrative
The applicants had successfully appealed against decisions of the Pensions Ombudsman. They sought their costs. The Ombudsman argued that the costs should be limited to the proportion by which they had in fact contributed to the need for an appeal. Held: The Ombudsman was no different to any other tribunal which itself became party to a case, and a costs order could be made against them. Here, the Ombudsman's and Trustee's cases were not distinguishable, and there should not have been separate representation. Though the Ombudsman should pay all the costs of the applicants, no order was made for the costs of the trustees.
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