Tag Archives: Judicial Review
Raissi, Regina (on the Application of) -v- Secretary of State for the Home Department; CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged when, … Continue reading
Filed under Administrative, Criminal Practice, Judicial Review
The British Broadcasting Corporation -v- Johns (HM Inspector of Taxes); CA 5-Mar-1964
The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review.Held: It is not a statutory creature; it does … Continue reading
Filed under Income Tax, Judicial Review, Media
Wandsworth London Borough Council -v- Winder; HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He … Continue reading
Filed under Housing, Judicial Review, Local Government
Campbell -v- Municipal Council of Sydney; PC 1925
The court looked at the council resolutions, which in turn referred to a minute of the Lord Mayor that indicated the general purpose of the council’s action.Held: A court was able to look at surrounding papers to derive the reasons … Continue reading
Filed under Commonwealth, Judicial Review
Regina -v- Panel on Takeovers and Mergers ex parte Guinness Plc; CA 1990
The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in … Continue reading
Filed under Administrative, Judicial Review
Regina -v- Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd; HL 1993
One bus company took over another, giving it an effective monopoly within the region. The Commission considered that the area involved was sufficiently substantial to cause concern that it may operate against the public interest. At first instance the judge … Continue reading
Filed under Commercial, Judicial Review, Licensing
Carr -v- Atkins; CA 1987
The police had applied to a judge for an order under the 1984 Act requiring the applicant, a suspect in a fraud investigation, to produce documents falling within the definition of ‘special procedure documents’ under the Act. The applicants sought … Continue reading
Filed under Criminal Practice, Judicial Review
in re Smalley; HL 1985
A sensible legislative purpose can be seen for excluding appeal or judicial review of any decision affecting the conduct of a trial on indictment, whether given in the course of the trial or by way of pre-trial directions. To allow … Continue reading
Filed under Criminal Practice, Judicial Review, Magistrates
Associated Newspapers Ltd, Regina (on The Application of) -v- Rt Hon Lord Justice Leveson; Admn 20-Jan-2012
The defendant was conducting a public enquiry into the culture, ethics and practices of national newspapers. The claimant and others objected to the admission of anonymous evidence from journalists afraid of career blight. The claimants complained of the lack of … Continue reading
Filed under Judicial Review, Media
Regina -v- Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others; QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an … Continue reading
Filed under Judicial Review, Police, Torts - Other
