Judicial Review - 1993

Judicial Review. See also Administrative Law, Local Goverment, and Litigation Practice.

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 44 cases, and was prepared on 19 May 2014. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
Regina -v- Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd; HL 1993
Regina -v- Lloyd's of London; 1993
Regina -v- Birmingham City Council ex parte Ferrero Ltd [1993] 1 All ER 530
Lord Justice Taylor
Judicial Review Casemap

The case concerned the prohibition in respect of chocolate eggs containing plastic toys one of which had been swallowed by and choked to death a small boy, and a power in the interests of public safety to prohibit the sale of particular goods, which carried a right of appeal to a Magistrates' Court. Held: Where there is an alternative remedy and especially where Parliament has provided a statutory appeal procedure it is only exceptionally that judicial review should be granted. It is therefore necessary, where the exception is invoked to look carefully at the suitability of the statutory appeal in the context of the particular case. "There are very strong dicta, both in this Court and in the House of Lords as cited, emphasising that where there is an alternative remedy and especially where Parliament has provided a statutory appeal procedure it is only exceptionally that judicial review should be granted".
Regina -v- Rochdale Metropolitan Borough Council, ex parte Schemet (1993) 91 LGR 425; [1994] ELR 89
Roch J
Local Government, Judicial Review, Education

The court considered the withdrawal of a policy whereby the local authority paid travelling expenses for the attendance of pupils at denominational schools outside the area. Held: Relief was granted. The authority should have consulted those affected.
Regina -v- Birmingham City Council, ex parte Dredger [1994] 6 Admin L R 553; Times, 28 January 1993
22 Jan 1993
Hutchinson J
Local Government, Judicial Review Casemap

The local authority, operators of the market, increased the rents payable by the tenants. The tenants sought a review of the decision. Held: The act was that of a public authority and was subject to judicial review.
Local Government (Miscellaneous Provisions) Act 1976
Regina -v- Lord Chancellor ex parte Hibbit & Saunders Times, 12 March 1993
16 Mar 1993
Judicial Review
There can be no Judicial Review available of a decision of the Lord Chancellor with regard to the appointment of Court reporters.
Regina -v- Lord Chancellor ex parte the Law Society (1)
4 May 1993
Judicial Review, Customs and Excise, Legal Aid, Costs, Criminal Practice
1 Citers
The introduction of a Standard Criminal Legal Aid fees regime was within the Lord Chancellor's proper range of discretion, even without consultation with the Law Society.
The meaning of 'carried entering UK' can include clothing being worn, but caution to be used by the courts not to extend the meaning unnecessarily.
Customs and Excise Management Act 1979 78(2) - Legal Aid Act 1988 34
National Union of Public Employees -v- Lord Advocate
5 May 1993
Judicial Review
A Judicial Review of Transfer of Undertakings Regulations was brought wrongfully.
Regina -v- Manchester Crown Court & Ashton and Others, ex parte Director of Public Prosecutions; HL 07-May-1993
Regina -v- Secretary of State Home Department, ex parte Leech (No 2); CA 20-May-1993
Regina -v- Craig
25 May 1993
Judicial Review
Courts to harden sentences on drink-drivers causing death.
Regina -v- Durham Stipendiary Magistrate, Ex Parte Davies
25 May 1993
Judicial Review
Prosecutor's motive is irrelevant on committal proceedings.
Regina -v- Greenwich London Borough Council, Ex Parte Patterson; QBD 27-May-1993
Regina -v- British Coal Corporation, Ex Parte Price and Others [1994] IRLR 72
28 May 1993
Glidewell LJ
Judicial Review, Administrative Casemap
1 Cites

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."
Regina -v- Broadcasting Complaints Commission, ex Parte Granada Television Ltd
31 May 1993
Judicial Review, Media
1 Citers
The Commission had not been unreasonable in taking the view that a broadcast had infringed the privacy of the subject of the complaint. Judicial Review was not available against BBC for infringement of privacy.
Broadcasting Act 1990 143 (1) - Broadcasting Act 1983
Regina -v- Merseyside Coroner, ex parte Carr
4 Jun 1993
Judicial Review, Coroners
The Coroner's procedure to summon suitably qualified jurors is mandatory.
Coroners Act 1988
Regina -v- Chesterfield Borough Council Ex Parte Fullwood
15 Jun 1993
Benefits, Judicial Review
A non-dependant joint occupier can be taken into account when a claimant applies for housing benefit, even though they were not themselves liable for the rent.
Regina -v- Taylor (Michelle Ann) Regina -v- Taylor (Lisa Jane); CACD 15-Jun-1993
Regina -v- North West Thames Regional Health Authority and Others, ex parte Daniels (Rhys William); QBD 18-Jun-1993
Regina -v- Jefferson; Regina -v- Skerritt; and similar; CACD 22-Jun-1993
Regina -v- Lord Chancellor ex parte the Law Society (2); QBD 22-Jun-1993
Armstrong and Holmes Ltd -v- Holmes and Another
23 Jun 1993
Judicial Review, Registered Land
The registration of an option against land was sufficient to warn a later potential purchaser.
Regina -v- Horseferry Road Magistrates' Court, ex Parte Bennett (No 1); HL 24-Jun-1993
Regina -v- Secretary of State for the Home Department ex parte Doody and Others; HL 25-Jun-1993
Regina -v- Gwynedd County Council, Ex Parte W
25 Jun 1993
Judicial Review, Education
Judicial review not available for headmaster's letter
Islwyn Borough Council and Another -v- Newport Borough Council
28 Jun 1993
Judicial Review
Later legislation does not frustrate agreement between the parties.
Regina -v- Sheffield County Court, ex parte Parker
29 Jun 1993
Judicial Review
Maintenance payable for a child is to be treated as the income of the mother for grant calculation purposes.
Matrimonial Causes Act 1973 23(1)(d)
Regina -v- Chapman, Regina -v- Bond; CA 29-Jun-1993
Regina -v- Chelmsford Crown Court, Ex Parte Chief Constable of Essex Police
5 Jul 1993
Judicial Review, Criminal Practice
Crown Court decision to give complaints statements to defendant not reviewable. The Supreme Court Act 1981 limits judicial review power.
Supreme Court Act 1981 28 29 31
Regina -v- Secretary of State for the Home Department Ex Parte Bentley [1994] QB 349
8 Jul 1993
Criminal Practice, Judicial Review
1 Citers
Bentley had been convicted of the murder of a policeman. He was of low intelligence and he was captured. His co-accused still held a gun. He shouted out 'Let him have it' He was convicted, but had said that he had only intended for the gun to be surrendered. A posthumous pardon was sought. Held: The royal prerogative of pardon is a flexible power. The court recommended to the Home Secretary that he re-examine the case of Bentley who had been hanged in 1953 with a view to exercising the prerogative of mercy. Home Secretary's decision to pardon prisoner is susceptible to Judicial Review and the court could not make an order. The Home Secretary's discretion on the exercise of the prerogative of mercy is a wide discretion.
Convention and Protocol relating to the Status of Refugees 1951
Regina -v- Metropolitan Stipendiary Magistrate Ex Parte Chaudhry [1994] QB 340
9 Jul 1993
Kennedy LJ, Bell J
Judicial Review, Crime, Magistrates Casemap

The Crown Prosecution Service was in the process of pursuing a prosecution when the private prosecutor sought to bring a prosecution for a serious offence arising out of the same facts. There would be potentially concurrent prosecutions. Held: Magistrates were not wrong to disallow a private prosecution in addition to crown prosecution. A private prosecutor does not have the unfettered right to a trial. Kennedy LJ said that on the question of the relevant considerations, when deciding whether to issue a summons in such a case: "The magistrate should have regard to all of the relevant circumstances of which he is aware . . . such as whether the incident giving rise to the information which he is considering has already been investigated by a responsible prosecuting authority which is pursuing what it considers to be the appropriate charges against the same proposed defendant."
Prosecution of Offenders Act 1985 6(1)
M -v- Home Office and Another; In re M [1994] 1 AC 377; [1993] 3 WLR 43; [1993] UKHL 5; [1993] 3 All ER 537
28 Jul 1993
Lord Woolf, Lord Donaldson of Lymington MR
Litigation Practice, Judicial Review, Contempt of Court Casemap

A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would not be removed. He was removed in breach of the undertaking, which counsel then did not accept he had given. The judge orderd the return of M to this country. The respondent said the court had no power either of mandamus or in contempt against the crown. Held: A court can grant a final and or an interim injunction against the crown, and the crown and ministers of the Crown, are not immune to contempt proceedings for breach of an injunction. Section 21 of the 1947 Act did not prevent an injunction being granted in a situation in which it could have been granted prior to the Act and section 31(2) of the Supreme Court Act 1981 gave jurisdiction to the court on applications for judicial review to grant injunctions, including interim injunctions, against ministers and other officers of the Crown. The effect of the 1947 Act was that it is only in those situations where prior to the Act no injunctive relief could be obtained that section 21 prevents an injunction being granted. This was the least that could be expected from legislation intended to make it easier for proceedings to be brought against the Crown.
Lord Templeman: "My Lords, the argument that there is no power to enforce the law by injunction or contempt proceedings against a minister in his official capacity would, if upheld, establish the proposition that the executive obey the law as a matter of grace and not as a matter of necessity, a proposition which would reverse the result of the Civil War. For the reasons given by my noble and learned friend, Lord Woolf, and on principle, I am satisfied that injunctions and contempt proceedings may be brought against the minister in his official capacity and that in the present case the Home Office for which the Secretary of State was responsible was in contempt."
Crown Proceedings Act 1947 21 - Supreme Court Act 1981
[ Bailii ]
Societe D'Informatique Ser Realisat'N Org'N -v- Ampersand Software
29 Jul 1993
Judicial Review
Registration of challenged foreign judgment allowed in England.
Regina -v- Secretary of State for Foreign and Commonwealth Affairs
3 Aug 1993
Judicial Review
A challenge to the Maastricht Treaty failed, though it was within the courts' powers to ask.
Donaldson -v- Secretary of State for Scotland (Scotland)
5 Aug 1993
Judicial Review
Conditions for for prison interviews between prisoner & his friends had been correctly observed.
Regina -v- Northavon District Council ex parte Palmer
6 Sep 1993
Judicial Review
A claim for a declaration may be used to found a claim for damages.
Evans -v- Secretary of State for Social Services; Kitchen -v- Same Moran -v- Same Etc
14 Sep 1993
Judicial Review
Broad guidelines to be considered by any appellate court re medical tribunals.
Regina -v- HM Inspector of Pollution and Ministry of Agriculture, Fisheries and Food, Ex Parte Greenpeace Ltd; CA 30-Sep-1993
Regina -v- Horsham District Council and Another Ex Parte Wenman and Others
7 Oct 1993
Judicial Review, Litigation Practice
Counsel/solicitors are to reassess Judicial Review proceedings after discovery. Training in judicial review was urged for lawyers to avoid wasted costs orders.
Regina -v- Liverpool Crown Court ex parte the Lord Chancellor
18 Oct 1993
Judicial Review
A costs order which had been contrived in order merely to ensure that counsel was paid was judicially reviewable.
Regina -v- Parliamentary Commissioner for Administration ex parte Dyer [1994] 1 WLR 621
26 Oct 1993
Administrative, Judicial Review Casemap

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
Regina -v- Hm Treasury and Another Ex Parte Controcom Srl
5 Nov 1993
Judicial Review
Control over release of Serbian funds valid despite being wider than UN resolution.
Regina -v- Worthing Borough Council ex parte Bruce
8 Nov 1993
Judicial Review
Judicial review not available against consent order made on counsel's advice.
Regina -v- Northavon District Council ex parte Palmer
17 Nov 1993
Judicial Review
A damages claim survived admission of judicial review claim.