(Jamaica) The lawfulness of action taken by the Minister of Finance under statutory powers to assume temporary management of three financial institutions was challenged, and the remedies available to aggrieved parties in the event of unlawfulness. Citations: [1998] UKPC 12, [1998] AC 628. Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Crawford … Continue reading Century National Merchant Bank Limited and others v Omar Davies and others: PC 16 Mar 1998
The complainant has requested the shotgun licences and firearms certificates of named individuals held by the council in accordance with the Deed relating to sporting rights on Ilkley Moor (2008) (the Deed). The council confirmed that the information was held in relation to some of the named individuals, but refused to provide copies of the … Continue reading Bradford Metropolitan District Council (Local Government (District Council)): ICO 11 Mar 2015
The claimants appealed the district judge’s decision to rescind the reference to arbitration. Held: A point of law had arisen, and the decision made was one the judge could make of his own volition, and therefore no notice had been required. Citations: [1998] EWCA Civ 1778 Jurisdiction: England and Wales Citing: Cited – Regina v … Continue reading Slot v East Hants District Council: CA 17 Nov 1998
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. The concept of an equitable term of years is well known to the law. Citations: … Continue reading Regina v London Borough of Tower Hamlets ex parte Von Goetz: CA 8 Oct 1998
Two actions had been brought by a contractor against the partners in a farming partnership. Those actions were consolidated. One of the partners died and when the plaintiff found that out he discontinued his claims against the deceased partner and Mrs Wentworth-Stanley, the wife of that deceased partner, and proceeded solely against the third partner, … Continue reading Morris v Wentworth-Stanley: CA 4 Sep 1998
Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, … Continue reading Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another: CA 30 Sep 1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was inappropriate to allow the disclosure of the identity of a person found to have committed sexual abuse, … Continue reading In Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure): CA 8 Oct 1998
A trishaw was properly a form of hackney carriage, not a ‘stage coach,’ and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a ‘cross between a rickshaw and a bicycle and a tricycle. Like … Continue reading Regina v Cambridge City Council, Ex Parte Lane: CA 3 Sep 1998
Appeal from restraint orders. Citations: [1998] EWCA Civ 1175, [1999] 1 All ER 84 Links: Bailii Statutes: Criminal Justice Act 1988 97 Jurisdiction: England and Wales Citing: See also – Government of the United States of America v Barnette and another Admn 2002 The applicant sought to register, under the Act, an order against the … Continue reading Government of United States of America v Montgomery and Montgomery: CA 8 Jul 1998
Statutory extensions of the council’s duty to provide new kinds of care, did not take away the authority’s power to charge for services given under the original section. The council may charge for community care services in the home provided to disabled person. Subsection (2) states that the section applies to services provided under a … Continue reading Regina v Powys County Council ex parte Hambridge: CA 2 Jul 1998
A Local Government employee’s failure to follow available appeal procedure did not prevent him asking the county court to determine his entitlement to superannuation benefits on retirement. Judges: Evans LJ Citations: Times 06-May-1998, [1998] EWCA Civ 731, [1998] FSR 749, [1998] 1 WLR 1629, [1998] 3 All ER 445, [1998] EMLR 370 Links: Bailii Statutes: … Continue reading Hutchings v London Borough of Islington: CA 28 Apr 1998
It was argued that the Secretary of State should have called in a planning application so as to avoid the risk of the local planning authority acting incompatibly with article 6. Held: The court considered the obligations of the Secretary of State: ‘The Secretary of State’s obligation under section 6 of the Human Rights Act … Continue reading Adlard and Others, Regina (on the Application Of) v Secretary of State for Transport, Local Government and Regions and others: CA 24 Apr 2002
The need to specify the special educational needs for a child did not necessarily mean that any particular school must be nominated, nor even that the need must be met through a school. Whilst the definition of ‘special educational provision’ in section 312(4) of the 1996 Act is wide enough to include naming a particular … Continue reading Richardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane: CA 12 Feb 1998
The plaintiff sought to enforce a Chinese award following an arbitration in which the arbitration rules current at the time when the dispute arose rather than the old rules current at the time of agreement had been applied. Held: The court enforced a foreign award although a defence within the Arbitration Act 1975 and the … Continue reading China Agribusiness Development Corporation v Balli Trading: 1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
The complainant requested, on behalf of his client, copies of internal correspondence between 1 February 2014 and 8 April 2014 in relation to a particular summons served by the Vale of Glamorgan Council (‘the Council’) on his client. The Council withheld the information requested under regulation 12(5)(b) of the EIR. During the course of the … Continue reading Vale of Glamorgan Council (Local Government (District Council)): ICO 5 May 2015
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place … Continue reading Regina v Manning: CACD 23 Jul 1998
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998
Cranston J said that in his view the law and practice in Albania was such that there was no real risk that the applicant would suffer a flagrant denial of justice on his return to Albania, as he was entitled to a retrial on the merits of the case against him. Judges: Toulson LJ, Cranston … Continue reading Mucelli, Regina (on The Application of) v The Government of Albania: Admn 27 Jan 2012
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
There had been no transfer to Social Service Authorities of the Health Services’ statutory duty to provide specialist nursing and related care to the elderly, and having made a promise to provide a home for life, the Health Authority would be held to it. Citations: Times 29-Dec-1998, [1998] EWHC Admin 1134 Links: Bailii Jurisdiction: England … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan: Admn 11 Dec 1998
The ability to order outward opening doors to be changed allowed order to change doors though they had been installed before the Act giving the power came in. Citations: Times 06-Jan-1998 Statutes: Highways Act 1980 153(2) Jurisdiction: England and Wales Local Government Updated: 06 August 2022; Ref: scu.90282
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption of the path, but had refused to quash the Order itself. The claimant said … Continue reading Jones v Welsh Assembly Government: Admn 15 Dec 2008
Appeal, under section 103 from the decision to send the matter to the Secretary of State for Home Affairs to consider extraditing Zeqaj to Albania to serve a sentence of 23 years in connection with murder and firearms offences. Judges: Gross LJ, Gloster DBE J Citations: [2013] EWHC 261 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Zeqaj v Government of Albania: Admn 20 Feb 2013
The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus. Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power in the United Kingdom courts to entertain issues which do not merely touch upon but are inseparable from the … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another: Admn 19 Mar 1998
Citations: [1998] EWHC Admin 476 Jurisdiction: England and Wales Citing: Cited – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984 The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such … Continue reading Jackson v Daventry District Council: Admn 1 May 1998
Statutory appeal by the Office of Government Commerce (the OGC) against two decisions of the Information Tribunal relating to gateway reviews carried out by the OGC of the Government’s identity card programme. Judges: Stanley Burnton J Citations: [2008] EWHC 774 (Admin), [2008] ACD 54, [2009] 3 WLR 627, [2010] QB 98 Links: Bailii Jurisdiction: England … Continue reading Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008
The complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held … Continue reading Leeds City Council (Local Government): ICO 21 May 2018
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
A council had no power to contribute to another highway authority’s costs of maintaining existing highway schemes; ‘expenditure’ was highway authority’s, and the transfer was ultra vires. Citations: Times 05-Mar-1998, Gazette 16-Apr-1998 Statutes: Highways Act 1980 274 Jurisdiction: England and Wales Local Government Updated: 18 June 2022; Ref: scu.88827
The issue, arising from the disestablishment of the Welsh Church, was whether tithe rent charges temporally vested in the Welsh Commissioners pending their transfer to the University of Wales while temporarily vested, subjected the Welsh Commissioners to chancel repair liability. If so, Government stock needed to be issued to the appropriate Welsh authority pursuant to … Continue reading Representative Body of the Church in Wales v Tithe Redemption Commission: HL 1944
The complainant has requested information concerning a list of Articles in Directive 95/46/EC (the repealed Data Protection Directive) which the European Commission have alleged were not implemented properly by the UK Government via the provisions in the (repealed) Data Protection Act 1998 and identification of the sections in the 1998 Act to which each allegation … Continue reading Department for Digital, Culture, Media and Sport (Central Government): ICO 5 Feb 2020
The claimant sought a writ of habeas corpus. Held: Lord Atkin said that in a habeas corpus case, ‘no member of the executive can interfere with the liberty or property of a British subject except on condition that he can support the legality of his action before a court of justice. And it is the … Continue reading Eshugbayi Eleko v Office Administering the Government of Nigeria: HL 24 Mar 1931
The applicant sought to register, under the Act, an order against the funds of the defendant, who replied that the order sought to be registered had been obtained in a way which would infringe her human rights if obtained here. As a fugitive she had not been allowed to defend the claim. Held: If the … Continue reading Government of the United States of America v Barnette and another: Admn 2002
A change in accounting practice moving interest due to the year accrued did not affect average rate of interest to calculate housing revenue: ‘The words ‘payable on’ plainly do not refer to ‘the average rate.’ One cannot pay an average rate: one can only pay real interest, at whatever the appropriate rate may be. Equally, … Continue reading Regina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden: HL 12 Mar 1998
The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents sought judicial review of the authority’s decision, saying they had taken an improper purpose … Continue reading T (a Minor), In Re 1997: HL 20 May 1998
Citations: [1998] EWCA Civ 1702 Jurisdiction: England and Wales Citing: See Also – Weeks v Magill and Dame Porter v Magill CA 30-Apr-1999 Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper. . . Cited by: See … Continue reading Weeks v Magill and Porter v Magill: CA 5 Nov 1998
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in Henderson. Held: The Council’s appeal succeeded. The rule in Henderson should have been … Continue reading Divine-Bortey v London Borough of Brent: CA 14 May 1998
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.Foster parents sued the council for breach of contract and for alleged negligence for breach … Continue reading W 1-6 v Essex County Council and Another: CA 2 Apr 1998
The purchase of land which was to form the last part of a development was to be valued without taking account of the enhanced value which would be attributed to the much larger scheme of development. To ascertain what is to be ignored by the valuer it is first necessary to delimit the scope of … Continue reading J A Pye (Oxford) Limited v Kingswood Borough Council: CA 6 Apr 1998
It is not sufficient for an authority to discharge its duty under the Act by writing letters to those affected or potentially affected and offering them reassessment. Carnwath J said: ‘In some areas of the law that might be an adequate response, where those affected can be assumed to be capable of looking after their … Continue reading Regina v Gloucestershire County Council ex parte Radar: Admn 1998
A provisional warrant had been issued by a magistrate for the arrest of the former president of Chile when visting London. The arrest had been in response to an extradition request from a judge in Spain and related to allegations of criminal acts by the appellant during his time as head of state against spanish … Continue reading Augusto Pinochet Ugarte and In the Matter of an Application for Leave To Move for Judicial Review Regina v Evans (Metropolitan Stipendiary Magistrate): Admn 28 Oct 1998
The authority appealed against the magistrates’ decision to renew a private hire operator’s licence against its own wishes. The licensee no longer opertaed any cars under the licence itself but instead all business was conducted under care operated within the licence from a neighbouring authority. Citations: [1998] EWHC Admin 755 Links: Bailii Statutes: Local Government … Continue reading Bromsgrove District Council v Michael Richard Powers: Admn 16 Jul 1998
Citations: [1998] EWHC Admin 579 Links: Bailii Statutes: Local Government Finance Act 1992, Council tax (Alterations of Lists and Appeals) Regulations 1993 (1993 No 290) Jurisdiction: England and Wales Local Government, Rating Updated: 27 May 2022; Ref: scu.138700
The court set out the general rule in construing an outline planning permission which was clear, unambiguous and valid on its face. Regard could be had only to the planning permission itself and any conditions and the express reasons for them. Judges: Keene J Citations: [1999] PLCR 12, [1998] EWHC Admin 488 Links: Bailii Jurisdiction: … Continue reading Regina v Ashford Borough Council ex parte Shepway District Council: Admn 7 May 1998
Frefighters, complained to the Pensions Ombudsman that the Government Actuary’s Department, GAD, had been guilty of maladministration because it had not updated the actuarial tables between June 1998 and August 2006. They alleged that updated tables would have led to a greater lump sum. Judges: Ouseley J Citations: [2012] EWHC 1796 (Admin) Links: Bailii Jurisdiction: … Continue reading Government Actuaries Department v Pensions Ombudsman: Admn 15 Jun 2012
A Local Authority which was relaying the facts underlying a list of people it felt were unsuitable to work with children to the minister has no immunity from a defamation action. Judges: Lord Woolf MR Citations: Times 05-Mar-1998, Gazette 18-Mar-1998, [1998] 1 FLR 1061, [1998] EWCA Civ 339, [1998] EMLR 583 Links: Bailii Jurisdiction: England … Continue reading S v Newham London Borough Council: CA 24 Feb 1998
A person within an organisation who was authorised to access some data on a computer system at a particular level, could exceed his authority by accessing data at a level outside that authority. The unauthorised access offence under the 1990 Act was not limited to access obtained by an outsider or hacker. A section 1 … Continue reading Regina v Bow Street Magistrates ex parte Government of the United States of America; In re Allison: HL 2 Sep 1999
The law of the defence of duress arising out of threat or circumstances is in need of urgent parliamentary clarification. Appeals were allowed where the defendants hijacked an airplane in order to escape deportation to a hostile country. ‘The principles may be summarised thus. First, English law does, in extreme circumstances, recognise a defence of … Continue reading Regina v Abdul-Hussain; Regina v Aboud; Regina v Hasan: CACD 17 Dec 1998
The outbuildings of a large country house had been converted into ten single self-contained units of residential accommodation for the purpose of holiday lettings. Nine of the units were in use by May 1991. In May 1995 the local planning authority issued an enforcement notice alleging a material change of use from residential to mixed … Continue reading Moore v Secretary of State for Environment and New Forest District Council: CA 18 Feb 1998
Limitation does not run in favour of a thief. A painting stolen during the war and dealt with by those knowing its true origin remained in the ownership of the original owner however long it had been held by someone who was not a purchaser in good faith. Moses J said: ‘In resolving the disputes … Continue reading Gotha City v Sotheby’s and Another; Federal Republic of Germany v Same: QBD 9 Sep 1998
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong Kong was justiciable in Hong Kong although no overt act in pursuance of that conspiracy … Continue reading Somchai Liangsiriprasert v Government of the United States of America: PC 1991
Application to set aside addition of land to definitive map of public rights of way as byway open to all traffic (BOAT). Held: The force of the evidence of private conveyancing documents may outweigh the value of public documents such as a tithe map or a Finance Act assessment which were not prepared for the … Continue reading Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council: Admn 31 Jul 1998
The plaintiff sought damages for professional negligence from his former solicitors in respect of their conduct of a claim on his behalf. He succeeded, but was awarded no damages because the judge had found that his action would be bound to fail. He appealed. Held: The plaintiff had not established that he had any real … Continue reading Mount v Barker Austin (a Firm): CA 18 Feb 1998
Judges: Kennedy LJ and Blofeld J Citations: [1999] QB 847 Statutes: Computer Misuse Act 1990 1 Jurisdiction: England and Wales Citing: Followed – Director of Public Prosecutions v Bignell and Another QBD 6-Jun-1997 Policemen were convicted by the stipendiary magistrate of an offence under 1990 Act. They had requested a police computer operator to obtain … Continue reading Regina v Bow Street Magistrates ex parte Government of the United States of America: QBD 13 May 1998
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
The second respondent sought a certificate from the Council determining that the lawful use of its store extended to sales of unlimited categories of goods including food. A certificate to that effect was refused by the Council, but granted by a planning inspector on appeal, and upheld by the lower courts. The Council, as local … Continue reading London Borough of Lambeth v Secretary of State for Housing, Communities and Local Government and Others: SC 3 Jul 2019
Planning permission was granted subject to conditions. Later one condition was lifted on a renewed application. It referred to the earlier permission, but not the earlier conditions explicitly. Held: The permission was not clear, and therefore reference to other documents was permitted, In that context, the application defined itself in terms of the earlier application, … Continue reading Reid, Regina (on the Application Of) v Secretary of State for Transport and Local Government and Another: Admn 7 Oct 2002
An application was made under section 73 to develop land without compliance with conditions previously attached to a planning permission, the relevant condition being that the development commence within five years of the date of planning permission. Held: A Local Authority was correct to refuse to extend the time for the commencement of a development … Continue reading Pye v Secretary of State for Environment and North Cornwall District Council: Admn 5 May 1998
When considering the need to provide a footpath by side of a new road, the Highway Authority may take into account its own financial constraints. Citations: Times 09-Feb-1998 Statutes: Highways Act 1980 66 Jurisdiction: England and Wales Land, Local Government Updated: 09 April 2022; Ref: scu.87440
A declaration as to abduction will not be made if the only real purpose of the application was to delay a foreign court seised of the matter making a decision. Citations: Times 25-Mar-1998, Gazette 16-Apr-1998 Statutes: Child Abduction and Custody Act 1985 8 Jurisdiction: England and Wales Citing: Appeal from – P v P (Diplomatic … Continue reading P v P (Diplomatic Immunity: Jurisdiction): CA 25 Mar 1998
The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he had in consequence suffered psychological damage after returning to and … Continue reading Al-Adsani v Government of Kuwait and Others (No 2): CA 29 Mar 1996
The complainant requested statistical information from the Local Government Ombudsman regarding the work of one individual case officer. The LGO claimed that the information was exempt under sections 40 and 36 and that it also wished to rely on section 12 of the Act. The Commissioner’s decision is that the information is the personal data … Continue reading Local Government Ombudsman (Decision Notice): ICO 4 Nov 2010
The complainant requested information from the Cabinet Office in relation to a Subject Access Request (SAR) he had submitted under the provisions of the Data Protection Act 1998 (DPA). The Cabinet Office refused the request under section 14(1) of the Freedom of Information Act 2000 (the Act) as it considered the request to be vexatious. … Continue reading Cabinet Office (Central Government) FS50650170: ICO 5 Apr 2017
The complainant has requested information relating to an acoustic sound test. Horsham District Council confirmed that information was withheld under regulation 12(5)(b) of the Environmental Information Regulations. The complainant disputed the application of this exception. The Commissioner’s decision is that regulation 12(5)(b) is not engaged. The Commissioner requires the Council to take the following steps … Continue reading Horsham District Council (Local Government (District Council)): ICO 23 Oct 2017
The complainant has requested information from Horsham District Council about the proposed restoration of a quarry site. The Council disclosed some information and withheld the remainder under the exception provided by section 12(4)(e) of the Environmental Information Regulations. The complainant subsequently contested the Council’s application of this exception. The Commissioner’s decision is that part of … Continue reading Horsham District Council (Local Government (District Council)): ICO 24 Jan 2017
The rating hypothesis must be interpreted to allow for the actual policies of the tenant. Where the tenant would not overbid despite the finding that properties of this type could not be managed to produce a profit. Nil rating was appropriate. Peter Gibson LJ said: ‘In particular I would emphasise the necessity to adhere to … Continue reading Hoare and Another v National Trust: CA 13 Oct 1998
The complainant requested copies of the legal advice sought by the Department for Communities and Local Government relating to the issue of whether Energy Performance Certificates for private dwellings contain personal data according to the definition in the Data Protection Act 1998. DCLG withheld the legal advice using section 42(1) of the Freedom of Information … Continue reading Department for Communities and Local Government (Decision Notice): ICO 13 Sep 2011
The claimant applied to have quashed the East Sussex County Council (Crowlink Car Park To Flagstaff Point, East Dean and Friston No 37 Definitive Map Modification Order 1997. The Order modified the County Council’s definitive map and statement of public rights by adding a public footpath which runs from the car park at Crowlink to … Continue reading National Trust v Secretary of State for Environment: Admn 17 Dec 1998
(South African Constitutional Court) Application was made to have declared constitutionally invalid laws against homosexuality. Sachs J held: ‘ There is no good reason why the concept of privacy should, as was suggested, be restricted simply to sealing off from State control what happens in the bedroom, with the doleful subtext that you may behave … Continue reading National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others: 9 Oct 1998
ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015
ICO The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Data Protection Act 1998. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its … Continue reading Cabinet Office (Central Government) FS50554507: ICO 22 Apr 2015
Local government (County council) The complainant has requested information from Derbyshire County Council (the council) regarding the purchase of a specific property. The council refused to provide some of the requested information relying on section 38 of the FOIA as disclosure would prejudice the health and safety of individuals. It also relied on section 41 … Continue reading Derbyshire County Council (Local Government (County Council)): ICO 13 Apr 2015
ICO The complainant has requested information relating to the performance assessment of a doctor carried out by the General Medical Council (GMC). During that assessment the complainant provided a statement which the doctor then commented on. It is the doctor’s comments on her statement that the complainant has requested. The GMC refused to provide the … Continue reading General Medical Council (Local Government (Other)): ICO 9 Mar 2015
ICO Central government The complainant has requested information concerning inspection policies and training held by the Animal and Plant Health Agency (‘APHA’). He has also requested information concerning a Moderation Panel hearing which considered his complaint made to APHA. The request was made as part of a subject access request (‘SAR’). APHA provided a response … Continue reading Animal and Plant Health Agency (Central Government ): ICO 5 Nov 2015
ICO Local government (Borough council) The complainant has requested from Newham Council the total amount it has deducted from its elected councillors’ basic and where applicable special responsibility allowances and passed to funds/accounts controlled by the mayor, the Labour Group or the Labour Party between 6 April 2010 and 5 April 2014. Newham Council has … Continue reading Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015
The complainant requested a copy of correspondence sent by a third party to Prestatyn Town Council (‘the Council’). The Council withheld the information requested under sections 40(1) and 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(1) to the request. The Commissioner does not require any steps to … Continue reading Prestatyn Town Council (Local Government (Town Council)): ICO 17 Jun 2015
The complainant has requested information from the London Borough of Hounslow (‘the Council’) relating to a Penalty Charge Notice (PCN). The Commissioner’s decision is that the Council incorrectly handled requests 1 and 12 under the FOIA. These two requests should have been handled under the Data Protection Act 1998 (DPA) as they seek the requesters … Continue reading Hounslow London Borough Council (Local Government (Borough Council)): ICO 7 Jul 2015
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside. Held: When asked to review an arbitration award made internationally under the Convention, it was important … Continue reading Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan: CA 20 Jul 2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009
A company director was not personally reliable in negligence for bad advice given by him as director unless it could clearly be shown that he had willingly accepted such personal responsibility. A special relationship involving an assumption of personal liability must be established before a company director can become liable for negligent misstatement under the … Continue reading Williams and Another v Natural Life Health Foods Ltd and Another: HL 30 Apr 1998
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the authority to reduce the number of new houses it was planning to allow for and thus to reject … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another: Admn 7 Feb 2011
Scots Bills were Outwith Parliament’s Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK … Continue reading References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021
Chief Constable has a Wide Discretion on Resources Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under community law. Held: Police do not have an absolute duty to prevent breaches … Continue reading Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited: HL 2 Apr 1998
A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care. Held: The appeals succeeded. The purpose of an award of damages in tort was to make good to the … Continue reading Wells v Wells; Thomas v Brighton Health Authority; etc: HL 16 Jul 1998
Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to remove the requirement for confirmation and to add to the list of legislation which might be … Continue reading Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales: SC 21 Nov 2012
A police Inspector had been dismissed on a finding of an offence against discipline. . He complained that he had not been allowed to see the report of the Board of Inquiry which contained prejudicial material and which had been relied upon by the officer adjudicating his case. Held: The failure amounted to a denial … Continue reading Kanda v Government of the Federation of Malaya: PC 2 Apr 1962
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The defendants purported to serve a notice under Rule 24A(1) of the Crown Court Rules 1982 of an intention to apply for a hearing in camera of their application that the trial be stopped as an abuse of process. Held: Where an application was to be made for a trial to be held in camera, … Continue reading ex parte Guardian Newspapers Ltd: CACD 30 Sep 1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
An English court had power to make a restraining order against the disposal of assets pending an application for confiscation pursuant to a US order. This applied even if the US original judgment predated the date on which the US was added to the . .
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
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Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper. Citations: Times 06-May-1999, Gazette 26-May-1999, [1999] EWCA Civ 1317 Jurisdiction: England and Wales Citing: See Also – Weeks v Magill and Porter v Magill CA 5-Nov-1998 . . … Continue reading Weeks v Magill and Dame Porter v Magill: CA 30 Apr 1999
Test for need for police protection The court considered the duties of the police to protect the applicants. Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used … Continue reading Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002
Acts of treason did not extend to acts in Ireland. Citations: (1883) 15 Cox 291 Jurisdiction: England and Wales Cited by: Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003 Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. … Continue reading Regina v Gallagher: 1883
