The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and did not exercise ‘functions of a public nature’; the claimant that he had not been given a fair hearing.
Held: Judicial review was refused. Pubs are private premises whose occupiers are entitled to decide whom they will or will not admit provided that there is no unlawful discrimination. The provision of advice and support by the Police does not have the effect of converting these individual decisions into those of a public nature. Whilst there existed many ways of bringing unincorporated associations, no plea had been made for the use of CPR 19.6 here, and no attempt had been made to sue the individual landlord members of the association.
Judges:
MacKie J
Citations:
[2009] EWHC 2441 (Admin)
Links:
Statutes:
Citing:
Cited – Conservative and Unionist Central Office v Burrell (Inspector of Taxes) CA 10-Dec-1981
An unincorporated association is defined as ‘two or more persons bound together for one or more common purposes, not being business purposes, by mutual undertakings each having mutual duties and obligations, in an organisation which has rules which . .
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
Cited – Oxford University v Webb QBD 13-Oct-2006
Action against animal rights protester for protection against alleged threats againt bio-medical research centre. . .
Cited – Regina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Cited – Proud, Regina (on the Application of) v Buckingham Pubwatch Scheme and Another Admn 14-Aug-2008
The claimant sought leave to challenge the imposition by the local Pubwatch scheme to impose a ban on him.
Held: The renewed application for permission to bring judicial review was refused. Ockleton CMG said: ‘the question of the . .
Cited – Oyeyi-Effiong and Campbell, Regina (on the Application of) v The Bridge NDC Seven Sisters Partnership and Another Admn 22-Mar-2007
The claimants challenged their removal from a ‘New Deals for Communities’ partnership association. Complaints had been made about manipulative behaviour at meetings in breach of a code of conduct.
Held: A proposal had been made for an . .
Cited – Heathrow Airport Ltd and Others v Garman and Others QBD 6-Aug-2007
Application for injunctive relief made by the First Claimant, Heathrow Airport Limited, the manager and operator of Heathrow Airport, and the Second Claimant, the First Claimant’s managing director, against a number of persons and organisations who . .
Cited – RWE Npower Plc and others v Carrol (acting for and on behalf of the unincorporated association identified as ‘The Sandles House Group’ etc) QBD 27-Apr-2007
The claimant sought relief against protesters challenging its proposal for disposal of ash from its coal fired power station in gravel pits local to the defendants. . .
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Torts – Other
Updated: 04 August 2022; Ref: scu.375947