The plaintiffs appealed against orders dismissing claims for judicial review. They had challenged the intended closure of residential homes for old people. The plaintiffs said that there had been inadequate consultation, and the Councils argued that review should not be granted where there existed an alternative statutory remedy.
Held: In assessing whether or not an alternative remedy is convenient, expeditious and effective and not clearly unsatisfactory the court will have regard to the nature of and context of the decision, the statutory regime, the reach of the remedy, the need for fact finding and the convenience of the process offered by the alternative remedy.
Judges:
Dillon, Farquharson, Simon Brown LJJ
Citations:
[1992] EWCA Civ 16, [1993] COD 253, [1992] 91 LGR 479, [1995] 1 All ER 73, (1994) 6 Admin LR 113
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Watch Tower Bible and Tract Society of Britain v Charity Commission Admn 12-Dec-2014
The respondent had instigated a statutory inquiry under the 2011 Act into the claimant’s child safeguarding practices, and policies after compaints made to it. The Society now sought judicial review of that decision, and to production orders made to . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Cited – British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 5-Jun-2019
Abortion Time Limit statement was correct.
The Court considered ‘ the correct interpretation of the words, ‘the pregnancy has not exceeded its twenty-fourth week’ in s.1(1)(a) of the Abortion Act 1967 ‘ The guidance was challenged as the calculations. The date of the beginning of the . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 04 July 2022; Ref: scu.276296