Category: Administrative

Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985

Lawfulness of Contraceptive advice for Girls

The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and would lead to what would be an unlawful assault.
Held: ‘It is abundantly plain that the law recognises that there is a right and duty of parents to determine whether or not to seek medical advice in respect of their child, and, having received advice, to give or withhold consent to medical treatment.’ Nevertheless, the policy was capable of being lawful. A court could correct unlawful advice given by a government department. A doctor could give such advice to a girl under 16 where she would understand it, where she could not be persuaded to involve her parents, she was likely to have sex irrespective of advice, her health was at risk, and it was in her nest interests. A parent’s rights of control over a child diminished as that child’s understanding grew approaching adulthood.

Judges:

Lord Fraser of Tullybelton, Lord Scarman, Lord Bridge of Harwich, Lord Brandon of Oakbrook and Lord Templeman

Citations:

[1985] 3 All ER 402, [1986] AC 112, [1985] 3 WLR 830, [1985] UKHL 7, [1986] 1 FLR 229

Links:

lip, Bailii

Statutes:

National Health Service (Family Planning) Act 1967 1, National Health Service Reorganisation Act 1973 4, National Health Service Act 1977 5(1)(b), Family Law Reform Act 1969 8(1)

Jurisdiction:

England and Wales

Citing:

Applied – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Reversed – In re Agar-Ellis (No 2) CA 24-Jul-1883
A father has a legal right to control and direct the education and bringing up of his children until they attain the age of twenty-one years, even although they are wards of Court, and the Court will not interfere with him in the exercise of his . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – In re P (A Minor) 1981
. .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
At first instance – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security QBD 1984
The court refused an injunction and a declaration requested by the plaintiff against the respondents as to the possibiliity of contraceptive advice and treatment being offered to her daughters under 16 without the plaintiff’s express consent. . .
Appeal from – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security CA 1985
The court granted to the claimant a declaration as to the unlawfulness of guidance to Health Authorities that it was possible to provide contraceptive advice and treatment to her daughters when under 16 and without her express consent. . .

Cited by:

Cited – Regina v Human Fertilisation and Embryology Authority ex parte DB Admn 17-Oct-1996
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent.
Held: Community Law does not assist the Applicant. The question had been . .
Cited – Regina v Human Fertilisation and Embryology Authority ex parte DB Admn 17-Oct-1996
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent.
Held: Community Law does not assist the Applicant. The question had been . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004) CACD 27-May-2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might . .
Cited – Burke, Regina (on the Application of) v General Medical Council and others (Official Solicitor and others intervening) CA 28-Jul-2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
Cited – Wyatt and Another v Portsmouth Hospital NHS and Another CA 12-Oct-2005
The appellants’ daughter had been born with very severe disabilities. Her doctors obtained an order allowing them a discretion not to ventilate her to keep her alive if necessary. She had improved, but the family now sought leave to appeal an order . .
Binding – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Cited – Bailey v Warre CA 7-Feb-2006
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had.
Cited – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Cited – AVS v A NHS Foundation Trust and Another CA 17-Jan-2011
The claimant contracted sporadic Creutzfeldt Jakob’s Disease disease. He executed a Lasting Power of Attorney in favour of his brother, expressing to him that he should do whatever was possible to protract his life. The brother now sought treatment . .
Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not . .
Cited – Re D (A Child) CA 26-Mar-2014
F appealed against the removal of his parental responsibility for his son. M and F were not married, but F had been named on the birth certificate. He had later been convicted of sexual assaults against two daughters of M by an earlier relationship. . .
Cited – Jogee and Ruddock (Jamaica) v The Queen SC 18-Feb-2016
Joint Enterprise Murder
The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had directed the jury that he . .
Cited – Re JS (Disposal of Body) FD 10-Nov-2016
Child’s Wish for post-mortem cryonic Preservation
JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents . .
Cited – Miller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.

Health, Children, Administrative

Leading Case

Updated: 18 April 2022; Ref: scu.178638

O, Regina (on The Application of) v Secretary of State for International Development: Admn 14 Jul 2014

Application for permission to apply for judicial review of the conduct of the Secretary of State for International Development in connection with the grant of development assistance to Ethiopia under Section 1 of the 2002 Act.

Judges:

Warby J

Citations:

[2014] EWHC 2371 (Admin), [2014] EWHC 2371 (QB)

Links:

Bailii, Bailii

Statutes:

International Development Act 2002 1

Jurisdiction:

England and Wales

Administrative

Updated: 15 April 2022; Ref: scu.534167

EUIPO v European Dynamics Luxembourg and Others: ECJ 3 May 2018

Public Service Contracts – Provision of External Services – Judgment – Appeal – Public service contracts – Provision of external services for programme and project management and technical consultancy in the field of information technologies – Cascade procedure – Article 21 of the Statute of the Court of Justice of the European Union – Article 76 and Article 84(1) of the Rules of Procedure of the General Court -Ruling ultra petita prohibited – Weighting of sub-criteria within award criteria – Manifest errors of assessment – Regulation (EC, Euratom) No 1605/2002 – Article 100(2) – Decision rejecting a tender – Failure to state reasons – Loss of opportunity – Non-contractual liability of the European Union – Claim for damages

Citations:

ECLI:EU:C:2018:299, [2018] EUECJ C-376/16P

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 14 April 2022; Ref: scu.609508

European Dynamics Luxembourg and Evropaiki Dynamiki v Commission: ECFI 26 Apr 2018

Judgment – Public service contracts – Invitation to tender procedure – Support and advice services for technical and computer personnel IV (STIS IV) – Rejection of a tenderer’s tender – Obligation to state reasons – Offer abnormally lower – Award criteria – Manifest errors of assessment – Non-contractual liability

Citations:

ECLI:EU:T:2018:233, [2018] EUECJ T-752/15

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 14 April 2022; Ref: scu.609308

Lewin, Regina (on The Application of) v The Financial Reporting Council Ltd and Others: Admn 19 Mar 2018

Judges:

Nicola Davies DBE J

Citations:

[2018] EWHC 446 (Admin), [2018] WLR(D) 183, [2018] 1 WLR 2867

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – in re Pergamon Press Ltd CA 1971
The court was asked as to the duties of inspectors appointed under the 1948 Act. Sachs LJ said: ‘The inspectors’ function is in essence to conduct an investigation designed to discover whether there are facts which may result in others taking . .

Cited by:

Main Judgment – Lewin, Regina (on The Application of) v The Financial Reporting Council Ltd and Others (Costs) Admn 19-Mar-2018
. .
Lists of cited by and citing cases may be incomplete.

Financial Services, Administrative

Updated: 13 April 2022; Ref: scu.608934

Club Hotel Loutraki and Others: ECJ 6 May 2010

Directive 92/50/EEC Public service contracts Service concessions Mixed contract – Contract including the transfer of a block of shares in a public casino business – Contract under which the contracting authority entrusts to the contracting undertaking the management of a casino business and the execution of a development plan consisting in upgrading the casino premises and improving the surrounding area Directive 89/665/EEC – Decision of the contracting authority – Effective and rapid remedies National procedural law – Criteria for the award of damages – Prior annulment of the unlawful act or omission or a finding of its nullity by the competent court Members of a consortium in a public procurement procedure – Decision adopted in the context of that procedure by an authority other than the contracting authority – Action brought, individually, by some members of the consortium – Admissibility

Citations:

[2010] EUECJ C-145/08, [2010] 3 CMLR 33

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Club Hotel Loutraki and Others ECJ 29-Oct-2009
ECJ (Law Relating To Undertakings) Opinion – Public contracts – Contract for the sale of shares and a service component – Classification Procedure for the award of public contracts – National legislation . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 13 April 2022; Ref: scu.608735

Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006

The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed assessment of his needs meant that no representation could be expected to continue.
Held: At the time of the first letter the authority were not aware of the specific client’s needs. At one point the applicant had not wanted the move, and at another he accepted that the move would be inappropriate for his needs, and ‘it is hard to see how the claimant has been relying on the assurances in such a way as to be a detriment. The facts suggest that such commitment as was made by the defendants in the letters concerned has not, for the bulk of the period since they were written, been relied upon by the claimant. ‘ No legitimate expectation had been created.

Judges:

Hodge J

Citations:

[2006] EWHC 2296 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948 21, National Health Service and Community Care Act 1990 47, Care Standards Act 2000 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Lists of cited by and citing cases may be incomplete.

Administrative, Local Government

Updated: 12 April 2022; Ref: scu.245059

Attorney-General v Covey: QBD 6 Oct 2000

In an application for a vexatious litigant order, the court asked whether the repetitious proceedings must be against the same defendant. Lord Justice Rose: ‘The question is whether it is a necessary prerequisite for the making of an order under section 42 that the repetitious behaviour of which complaint is made has necessarily either to be directed against the same defendant or to arise from the same subject matter.
In my judgment, that is not the position. Granted that repetitious conduct is a necessary prerequisite for the making of an order, what gives rise to that repetitiveness necessarily depends, it seems to me, on the circumstances of the particular case. In making the determination whether or not there is that necessary element of repetition one looks at the whole history of the defendant’s litigious activity. In some cases that activity will focus upon a particular defendant. In some cases it will focus upon a particular grievance. In some cases it may be represented by numerous claims against a wide range of defendants in circumstances where no reasonable cause of action exists. In this last category of case, it seems to me, the conditions of section 42 may be fulfilled just as they may be if a particular defendant or a particular grievance is the focus of the defendant’s activity. As the passages in the judgment in Vernazza to which I earlier referred, make plain, one has to look at the whole of the circumstances, the way in which the proceedings were instituted, whether with or without reasonable cause, and also the way in which subsequently they were conducted by way of hopeless appeal or otherwise. All of those matters have to be considered.’

Judges:

Lord Justice Rose

Citations:

Unreported, 6 October 2000

Statutes:

Supreme Court Act 1981 42(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Attorney-General v Covey; Attorney-General v Matthews CA 19-Feb-2001
Appeals were made against orders under s42 of the 1981 Act restraining the appellants from commencing proceedings without consent of the court.
Held: The non-disclosure of a bench memorandum was the usual practice internationally, and not a . .
Cited – Attorney General v Perotti Admn 10-May-2006
The respondent had been subject first to a Grepe v Loam order and then to an extended civil restraint order. The court had still faced many hopeless applications. An order was now sought that any future application for permission to appeal be heard . .
Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights

Updated: 12 April 2022; Ref: scu.241644

Regina v Home Secretary, ex parte Sherwin: QBD 16 Feb 1996

The Benefits Agency was part of the Department of Social Security, having been set up under the prerogative power pursuant to the Prime Minister’s statement of 18 February 1988.

Citations:

Unreported, 16 February 1996

Jurisdiction:

England and Wales

Cited by:

Cited – National Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 12 April 2022; Ref: scu.222911

Gooch v Commission: ECFI 5 Dec 2000

ECJ Officials – Action for annulment – Non-contractual liability of the Community – Place of recruitment – Withdrawal of an administrative act – Presumption of legality of an administrative act.

Citations:

T-197/99, [2000] EUECJ T-197/99

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 12 April 2022; Ref: scu.173726

Regina v Family Health Services Appeal Authority, Boots Chemist Interested Party and similar: CA 11 Mar 1999

In the context of an application for a pharmacy licence, questions of adequacy, need and desirability are to be decided by the decision-makers, and provided that the proper approach is adopted, the answer will inevitably become a question of fact and degree eminently suitable for resolution by a committee of laymen, and not susceptible to sophisticated legal analyses.

Citations:

[1999] EWCA Civ 957, (1999) 48 BMLR 204

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Family Health Services Appeal Authority ex parte E Moss Limited Admn 29-Apr-1998
. .

Cited by:

Cited – Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit) CA 5-Dec-2008
The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 12 April 2022; Ref: scu.145872

Moore’s (Wallisdown) Ltd v Pensions Ombudsman and Another; Royal and Sun Alliance Life and Pensions Ltd v Same: ChD 21 Dec 2001

The applicants had successfully appealed against decisions of the Pensions Ombudsman. They sought their costs. The Ombudsman argued that the costs should be limited to the proportion by which they had in fact contributed to the need for an appeal.
Held: The Ombudsman was no different to any other tribunal which itself became party to a case, and a costs order could be made against them. Here, the Ombudsman’s and Trustee’s cases were not distinguishable, and there should not have been separate representation. Though the Ombudsman should pay all the costs of the applicants, no order was made for the costs of the trustees.

Judges:

Ferris J

Citations:

Times 01-Mar-2002

Jurisdiction:

England and Wales

Citing:

Cited – Elliott and Another v Pensions Ombudsman and Others ChD 20-Nov-1997
Costs of appeal against Ombudsman’s determination to be assessed according to extent of participation. . .
Wrongly decided – University of Nottingham v Eyett and Another (No 2) ChD 3-Dec-1998
The Pensions’ Ombudsman having had a decision overturned on appeal and having entered appearance at the appeal was liable in costs only to the extent that his intervention had increased the costs. . .
Lists of cited by and citing cases may be incomplete.

Costs, Administrative

Updated: 11 April 2022; Ref: scu.167673

Unibank A/S v Christensen Case C-260/97: ECJ 30 Jun 1999

A document which has not been authenticated by the involvement of some public official cannot be said to be a ‘authentic instrument’ within the Brussels Convention, allowing their use in other jurisdictions. Documents signed acknowledging indebtedness allowing for levy of execution, but without any authentication were not sufficiently certain to allow enforcement in another Convention country.

Citations:

Times 30-Jun-1999

Statutes:

Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968 art 50

Administrative

Updated: 10 April 2022; Ref: scu.90050

Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a European Directive, but the new regulations did not specifically disapply the regime for amending the licences. He should have made it clear in the statutory instrument that the protections were being removed. The regulations made under section 2(2) of the 1972 Act which, if valid, took away valuable rights of Orange which they had enjoyed under the Telecommunications Act 1984, were ultra vires, on the ground that the regulations had failed explicitly to state that rights enjoyed under primary legislation were being taken away.

Citations:

Times 15-Nov-2000, Gazette 23-Nov-2000

Statutes:

Telecommunications Act 1984 12 13 14 15, Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (1999 no 2540), European Communities Act 1972 2(2)

Citing:

Distinguished – Regina v Secretary of State for Trade and Industry ex parte Unison 1996
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
Held: Anything is ‘related to’ a Community . .

Cited by:

Cited – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Licensing, Constitutional

Updated: 10 April 2022; Ref: scu.88661

Regina v Secretary of State for the Home Department Ex Parte Urmaza: QBD 23 Jul 1996

A deportee after a marriage was to be treated in the same way as others despite desertion from ship. The application of the Home Secretary’s discretion under the Policy was in issue. The case ‘raises a novel question about the extent to which departmental policy is amenable to judicial review’. ‘these legal controls upon the deployment of discretion and the implementation of policy demonstrate that the courts do not limit themselves to a bare rationality test … such cases, as authority demonstrates, are not limited to irrationality; they include cases where an international policy has been disregarded or misapplied by one or more of a Minister’s officials’. And ‘the modern approach to a departmental policy document’ by saying that ‘it follows that those cases in which the challenge has been predicated upon pure irrationality are illustrative but not exhaustive of the grounds of challenge’. Policies should be applied consistently: ‘ . . similar situations not to be treated differently and different situations not to be treated in the same way, unless such treatment is objectively justified.’

Judges:

Sedley J

Citations:

Times 23-Jul-1996, [1996] COD 479

Statutes:

Immigration Act 1971 11(5)

Jurisdiction:

England and Wales

Cited by:

Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 10 April 2022; Ref: scu.87912

Regina v Secretary of State for the Environment and Another Ex Parte Kirkstall Valley Campaign Ltd: QBD 20 Mar 1996

The rules as to the disqualification of a decision maker for bias were not limited in scope to judicial decisions.

Citations:

Times 20-Mar-1996

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Loudon) v Bury School Organisation Committee Admn 2002
Lightman J said: ‘The distinction between (disqualifying) pecuniary interests and (non-disqualifying) potential pre-judgment arising from prior publicly stated views in the case of administrative bodies . . is well-established: see e.g. R v SSE ex p . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 10 April 2022; Ref: scu.87781

Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996

The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority.
Held: The Secretary of State is not to be made party to judicial review proceedings even though he would be the ultimate payer. Though a party directly affected by the claim may be joined as an interested party, Lord Keith said: ‘That a person is directly affected by something connotes that he is affected without the intervention of any intermediate agency. In the present case, if the applications for judicial review are successful the Secretary of State will not have to pay housing benefit to the applicants either directly or through the agency of the local authority. What will happen is that up to 95% will be added to the subsidy paid by the Secretary of State to the local authority after the end of the financial year. The Secretary of State would certainly be affected by the decision, and it may be said that he would inevitably or necessarily be affected. But he would in my opinion, be only indirectly affected by reason of his collateral obligation to pay subsidy to the local authority.’ The Secretary of State has no locus to insist on joining in on such judicial review proceedings despite being the eventual payer of the benefit payment decision being reviewed.
The Secretary of State has no locus to insist on joining in on judicial review proceedings despite being the eventual payer of the benefit payment decision being reviewed.

Judges:

Lord Keith

Citations:

Times 11-Jul-1996, Gazette 12-Sep-1996, [1996] 1 WLR 1103

Statutes:

Rules of the Supreme Court O 53 r593)

Citing:

Appeal from – Regina v Liverpool City Council Ex Parte Muldoon; Regina v Rent Officer Service and Another Ex Parte Kelly CA 18-Apr-1995
The Secretary of State was not entitled to be served with notice of all Judicial Review applications on benefits. He was not sufficiently directy connected, . .

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise . .
Cited – Nemeti and Others v Sabre Insurance Co Ltd CA 3-Dec-2013
The court considered the power of courts to allow substitution of a new party after the expiration of the limitation period. . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative, Litigation Practice, Judicial Review

Updated: 09 April 2022; Ref: scu.87193

Regina v Harrow London Borough Council Ex Parte Carter: QBD 25 Nov 1992

The applicant had sold her home and moved to Harrow with her four children, living with her sister. She became unintentionally homess and had priority need, applying to Harrow for accomodation. Harrow said that under their policy she retained her local connection with Camden, and refused assistance beyond referring her to Camden.
Held: The applicant had a possible case for special assistance under section 61 so as to establish a local connection with Harrow. The discretion given to local authorities under section 67(1) could not be disclaimed under a strict policy. They had to consider each individual case, and the policy had to allow exceptions.
Mr Roger Henderson QC said ‘I have seen no evidence of a decision focusing upon the respondents’ discretion under section 67 of the Act whether or not in all the circumstances of Mrs Carter’s case to refer her to Brent. Instead, although for reasons to which I will come I am sure that the respondents’ senior officers in the housing department and its members were well aware that such a reference was discretionary and not mandatory, there is persuasive evidence that the reference to Brent was made as an automatic and unreviewed consequence of the decision that Mrs. Carter had no local connection and had not established special circumstances. I refer to this because although the reference to Brent led to nothing and it not the subject of judicial review, yet it is a significant feature in the history of this case which points to a similar unlawful approach in the decision-making when the reference to the London Borough of Camden occurred a month later.’

Judges:

Mr Roger Henderson QC

Citations:

Gazette 25-Nov-1992, (1992) 26 HLR 32

Statutes:

Housing Act 1985 61 67(1)

Cited by:

Cited – Regina v East Devon District Council ex parte Robb Admn 4-Dec-1997
. .
Cited – Regina v London Borough of Ealing ex parte Anthony Fox Admn 9-Feb-1998
. .
Lists of cited by and citing cases may be incomplete.

Housing, Administrative

Updated: 09 April 2022; Ref: scu.86817

Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson: CA 22 Feb 1993

A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to be considered. Considering legitimate expectations: ‘Sometimes the phrase is used to denote a substantive right: an entitlement that the claimant asserts cannot be denied him . . various authorities show that the claimants right will only be found established when there is a clear and unambiguous representation upon which it was reasonable for him to rely. Then the administrator or other public body will be held bound in fairness by the representation made unless only its promise or undertaking as to how its power would be exercised is inconsistent with the statutory duties imposed upon it. The doctrine employed in this sense is akin to an estoppel. In so far as the public body’s representation is communicated by way of a stated policy, this type of legitimate expectation falls into two distinct sub categories: cases in which the authority are held entitled to change their policy even so as to effect the claimant, and those in which they are not.’

Judges:

Simon Brown LJ

Citations:

Ind Summary 22-Feb-1993, [1995] 1 All ER 73

Jurisdiction:

England and Wales

Cited by:

Approved – Cowl and others v Plymouth City Council Admn 14-Sep-2001
The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina on Application of Dinev and Others v Westminster City Council Admn 24-Oct-2000
Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure . .
Applied – Regina v London Borough of Islington ex parte East Admn 1996
The court considered the obligation on an authority to consult: ‘.. the precise demands of consultation .. there according to the circumstances .. The extent and method of consultation must depend on the circumstances. Underlying what is required . .
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 . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 09 April 2022; Ref: scu.86536

Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the Environment Agency had properly considered to be outwith its jurisdiction. The later confirmation by the Food Standards Agency of the licence remedied the defect as regards the need for its approval at the time.

Citations:

Times 01-May-2001

Statutes:

Recommendations of the International Commission on Radiological Protection (Nov 1990), Environment Act 1995 16(4A)(b)

European, Environment, Administrative

Updated: 09 April 2022; Ref: scu.85985

Regina (On the Application of Hughes and Others) v Commissioner for Local Administration: QBD 17 May 2001

The local authority had granted planning permission for a development, but failed to secure either an advance payment for the making up of the estate roads, to secure a bond and agreement, or to make an order exempting the estate form this requirement. The developer failed without the road being made up, and the residents complained of maladministration. The Commissioner found that there had been no maladministration. On the appeal, the Commissioner accepted the report was defective.
Held: If the matter was to be referred back to the Commissioner, it was wrong to fetter the Commissioners discretion by giving particular directions as to the findings to be made.

Citations:

Gazette 17-May-2001

Statutes:

Highways Act 1980 219(1), 220

Local Government, Administrative

Updated: 09 April 2022; Ref: scu.85991

Regina (P) v Secretary of State for the Home Department, Regina (Q) v Same: QBD 1 Jun 2001

The Prison Service’s policy of refusing to allow children over the age of eighteen months to stay with their mother in prison was lawful. The impairment of family life was an inevitable and inherent part of the imposition of a sentence of imprisonment. The policy was to designed allow for the protection of children’s interests so far as possible. The use of a fixed age allowed proper preparation, and consistency of facilities, and there was nothing in the policy to prevent consideration of the individual circumstances in particular cases. There were arguments both for lowering the age so as to minimise the damage by occasioning it when the bond between mother and child was less, and otherwise.

Citations:

Times 01-Jun-2001, Gazette 21-Jun-2001, [2001] 3 FCR 416, [2001] FLR 1122

Statutes:

Prison Rules 1999 (1999 No 728), Children Act 1989 1, Prison Act 1952

Cited by:

Cited – C and Another v Bury Metropolitan Borough Council FD 18-Jul-2002
Where a children case involving a challenge to a care plan or the placement of children in care would raise issues under the Human Rights legislation, the case should normally be heard before a High Court judge of the Family Division. If possible it . .
Cited – C and Another v Bury Metropolitan Borough Council FD 18-Jul-2002
Where a children case involving a challenge to a care plan or the placement of children in care would raise issues under the Human Rights legislation, the case should normally be heard before a High Court judge of the Family Division. If possible it . .
Cited – Evans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights, Criminal Sentencing

Updated: 09 April 2022; Ref: scu.85996

Regina v Westminster City Council, Ex Parte Union of Managerial and Professional Officers and Others: QBD 13 Jun 2000

It was not an abuse of power by a local authority who had been asked to pay the costs of its officers and members successfully defending themselves against an action by the district auditor for malpractice, first to verify that it had any legal duty or power to provide such an indemnity. However such an indemnity would be good administrative policy. As a policy the authority retained the discretion as to the terms of its implementation.

Citations:

Times 13-Jun-2000

Local Government, Administrative

Updated: 09 April 2022; Ref: scu.85607

Regina v Secretary of State for the Environment Transport and the Regions, Ex Parte Wheeler: QBD 29 Jun 2000

The minister decided that upon land which had been compulsorily purchased, but which was no longer needed being sold, it should not first be offered back to the original owners. The owner complained that the decision was in breach of the rules, which required such an offer unless it was a very exceptional case with strong and urgent reasons of public interest. They argued that this required a risk to life or limb. This was too close a definition. For such a decision to be intrinsically perverse, it had to defy comprehension. In this case, the secretary had asked himself the right questions, and the challenge failed.

Citations:

Gazette 29-Jun-2000, Gazette 20-Jul-2000, Times 04-Aug-2000

Statutes:

Crichel Down Rules 1992

Land, Administrative

Updated: 09 April 2022; Ref: scu.85497

Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000

An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker.
Held: Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the applicant of any opportunity to prepare and present his case. The Secretary should have considered these elements before ordering the deportation.

Citations:

Gazette 20-Jan-2000, Times 21-Jan-2000

Statutes:

Convention for the Protection of Human Rights and Fundamental Freedoms 1953 (1953 Cmd 8969), Civil Procedure Rules Rule 1.1(2)(a)

Cited by:

See Also – Quaquah v Group 4 Securities Ltd and Another QBD 27-Jun-2001
The claimant had been detained in an immigration detention centre. He complained of a malicious prosecution by the company, and against the secretary of state, in exercising a non-delegable duty to provide for his safety whilst in custody.
Lists of cited by and citing cases may be incomplete.

Administrative, Immigration

Updated: 09 April 2022; Ref: scu.85525

Regina v Secretary of State for the Home Department, Ex Parte Al-Fayed: QBD 16 Nov 1999

When considering whether the Human Rights of a citizen had been infringed, the doctrine of proportionality was not to be extended to extend in turn such rights. At present the doctrine is part of European law, but not part of domestic English administrative law, and could not be called in aid to support an application for nationality.

Citations:

Times 16-Nov-1999

Statutes:

British Nationality Act 1981 Sch 1 (1) (b)

Human Rights, European, Administrative

Updated: 09 April 2022; Ref: scu.85528

Regina v Secretary of State for the Home Department, Ex Parte Ullah: QBD 17 Oct 2000

The fact that a claimant had acquired British citizenship in one way did not take away his right in addition to apply for naturalisation arising from his rights by descent. The latter process would create additional rights for his own children, and he had the right to apply. There was nothing in the legislation to suggest that the two alternatives were mutually exclusive, and the Home Office’s practice to the contrary was unlawful.

Citations:

Times 17-Oct-2000

Statutes:

British Nationality Act 1981 6

Immigration, Administrative

Updated: 09 April 2022; Ref: scu.85541

Regina v Secretary of State for Education and Employment, Ex Parte National Union of Teachers: QBD 8 Aug 2000

The general power of the Secretary of State to promote education did not extend to provision for the terms and conditions of teachers’ employment or establishing systems for the payment of higher rates of pay to teachers meeting performance standards. Reference to Parliament was necessary. The Secretary of State had not followed consultation procedures set down for the making of significant alterations to teachers contracts.

Citations:

Times 08-Aug-2000

Statutes:

School Teachers’ Pay and Conditions Act 1991

Education, Employment, Administrative

Updated: 09 April 2022; Ref: scu.85477

Regina v Criminal Injuries Compensation Authority, Ex Parte Leatherland; similar: QBD 12 Oct 2000

The practice of withholding the reasons for a decision until the day of an appeal which had come to be adopted was unfair and bad administration. The Tribunal should give proper reasons for its decision, together with the gist of any evidence which they had taken into account in coming to that decision. Such a system had caused unnecessary expense, and caused litigation rather than prevented it.

Citations:

Times 12-Oct-2000, [2001] ACD 76

Cited by:

Cited – Regina on Application of M v Criminal Injuries Compensation Appeals Panel Admn 31-Aug-2001
The complainant had suffered repeated acts of sexual abuse as a child including acts of penetration. She sought compensation under the scheme, but was initially refused on the basis that it was not a crime of violence, then later awarded pounds . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Personal Injury, Administrative

Updated: 09 April 2022; Ref: scu.85208

Regina v Director General of Electricity Supply, Ex Parte London Electricity Plc: QBD 13 Jun 2000

Where the cost of upgrading supply systems in order to support large numbers of newly installed night storage systems fell to be apportioned, the test as to who should bear the burden was according to causation. An increase under twenty five per cent would not have occasioned a charge, and individually no one supply exceeded that amount, but the Director must look to the whole scheme. For one identifiable scheme it was unrealistic to break it back down into individual increments in demand.

Citations:

Times 13-Jun-2000

Administrative, Judicial Review

Updated: 09 April 2022; Ref: scu.85226

Quaquah v Group 4 Securities Ltd and Another: QBD 27 Jun 2001

The claimant had been detained in an immigration detention centre. He complained of a malicious prosecution by the company, and against the secretary of state, in exercising a non-delegable duty to provide for his safety whilst in custody.
Held: The Secretary of State had used all reasonable care in the selection of the sub-contractor, and was not liable for the wrongful acts of that company’s servants or agents. The duty was delegable.

Citations:

Times 27-Jun-2001

Citing:

See Also – Regina v Secretary of State for the Home Department Ex Parte Quaquah QBD 20-Jan-2000
An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker.
Held: Such an action was in breach of . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Administrative

Updated: 09 April 2022; Ref: scu.85092

Practice Direction (Administrative Court Establishment): QBD 27 Jul 2000

The direction establishes the Administrative Court as a successor to the Crown Office List. Existing orders and directions applying to the List should be renamed. A lead nominated judge would take responsibility for the speed efficiency and economy of the conduct of the court’s business. New rules for judicial review will also be implemented to accompany the introduction of the Human Rights Act.

Citations:

Times 27-Jul-2000

Administrative, Litigation Practice

Updated: 09 April 2022; Ref: scu.84842

Percy and Another v Hall and Others: QBD 31 May 1996

There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of action for invalid administrative acts as such. A ‘second actor’ may be blameless if he detains a person in reliance on what appears to be a lawful authority, whether issued by a ‘first actor’ or otherwise.
Simon Brown LJ said of a byelaw under consideration: ‘Better . . to treat the instrument as valid unless so uncertain in its language as to have no ascertainable meaning, or so unclear in its effect as to be incapable of certain application in any case.’

Judges:

Simon Brown LJ, Schliemann LJ

Citations:

Times 31-May-1996, [1997] QB 924

Cited by:

Cited – Inter Lotto (Uk) Ltd v Camelot Group Plc CA 30-Jul-2003
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent . .
Cited – Boddington v British Transport Police HL 2-Apr-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 . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Administrative

Updated: 09 April 2022; Ref: scu.84667

Mayne and Another v Minister of Agriculture, Fisheries and Food: QBD 3 Aug 2000

The defendants exported beef without the requisite certificates. The UK rules had been made before a Directive came into effect. On appeal after conviction the defendant argued that the rules purported to take account of future amendments. It was held that for a criminal sanction to be applicable, Regulations could not give effect to directives made by a third party without appropriate and explicit incorporation of those amendments. A regulation imposing sanctions for failure to comply with an EC Directive is not to be read as applying to future amendments to the Directive unless the wording of the regulations is such as clearly to take account of the possibility of future amendments.

Judges:

Kennedy LJ and Jackson

Citations:

Times 12-Oct-2000, Gazette 03-Aug-2000, [2001] EHLR 5

Cited by:

Applied – Secretary of State for Environment, Food and Rural Affairs v ASDA Stores Ltd and Another QBD 24-Jun-2002
The defendant store had been accused of failing to comply with standards for grading of agricultural produce. They had been acquitted, following Mayne, on the basis that the prosecution was under European regulations introduced after the Act . .
Cited – Department for Environment, Food and Rural Affairs v ASDA Stores Limited and another HL 18-Dec-2003
The company was prosecuted for offences under the Regulations, relating to the designation of horticultural produce for sale. The original Act had been relied upon to implement the European regulations after entry to the EU.
Held: The offences . .
Lists of cited by and citing cases may be incomplete.

Administrative, Crime, European, Agriculture

Updated: 09 April 2022; Ref: scu.83488

Marks and Spencer Plc v Commissioners of Customs and Excise: CA 19 Jan 2000

The doctrine of direct effect which gave rise for a private individual against a member state could only operate where the member failed to comply with the requirements of European Law to give effect to such law, and the requirement to put such rules into effect had to be unconditional and precise. A party could not use the doctrine to claim against a member state under European Law in general.

Citations:

Times 19-Jan-2000

Jurisdiction:

England and Wales

Citing:

Referred to – Marks and Spencer plc v Commissioners of Customs and Excise ECJ 11-Jul-2002
The claimant challenged the reduction of the limitation period from six years to three for the reclaiming of overpaid VAT with immediate effect, depriving it of the opportunity to recover sums paid in excess. The company sold vouchers. It paid VAT . .

Cited by:

Reference from – Marks and Spencer plc v Commissioners of Customs and Excise ECJ 11-Jul-2002
The claimant challenged the reduction of the limitation period from six years to three for the reclaiming of overpaid VAT with immediate effect, depriving it of the opportunity to recover sums paid in excess. The company sold vouchers. It paid VAT . .
Lists of cited by and citing cases may be incomplete.

European, Administrative, VAT

Updated: 09 April 2022; Ref: scu.83414

Kuijer v Council of the European Union Case T-188/98: ECJ 14 Apr 2000

An applicant sought access to documents of the Council of the European Union relating to asylum. The decision of the Council to refuse access to the documents was on the grounds that the material was politically sensitive, and disclosure would be against the public interest. The council failed however to consider the status of the separate documents separately, and so the decision was invalid. The default position was that Council documents should be made available, and the ability to withhold related to individual documents.

Citations:

Times 14-Apr-2000

Statutes:

Council Decision 93/731/EC on Public Access to Council documents

European, Immigration, Administrative

Updated: 09 April 2022; Ref: scu.82854

Tt’s Corporation Law Ltd v Commission of the European Communities Case: ECJ 18 Oct 2000

The Community’s general policy of openness must override a Community regulation which imposed severe secrecy restrictions. A regulation was used as a basis to refuse to give to a litigant in England information about relevant mission reports of the EU concerning trade. The general principle was set down with certain exceptions, and could not be set aside for this purpose. In any event the regulation under which access had been refused did not apply to this situation.

Citations:

Times 18-Oct-2000, T-123/99

European, Administrative

Updated: 09 April 2022; Ref: scu.82642

Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others: ChD 30 Jun 1997

A lawful decision by pension trustees as to the use of a pension surplus is not susceptible to being overruled by the Pension’s Ombudsman.

Citations:

Times 30-Jun-1997

Jurisdiction:

England and Wales

Financial Services, Administrative, Employment

Updated: 08 April 2022; Ref: scu.82505

In Re A Subpoena Issued by the Commissioner for Local Administration: QBD 2 Apr 1996

Local ombudsman can investigate adoptions and to get confidential papers. His task was not that of a party to litigation, and he may well require more papers than a party to litigation might be entitled to. Even so, and though the sup poena ad duces tecum was confirmed, the Commissioner was invited to reconsider and reduce the scope of the papers requested.

Judges:

Justice Carnwath

Citations:

Times 04-Apr-1996

Administrative, Local Government

Updated: 08 April 2022; Ref: scu.81683

Home Office v Barnes and Others: QBD 23 Nov 1994

Prison officers may not, in the course of an employment dispute, refuse to accept prisoners into the prison after they had been properly committed to the care of the prison in which they worked.

Citations:

Independent 23-Nov-1994

Statutes:

Prisons Act 1952 8

Employment, Administrative, Prisons

Updated: 08 April 2022; Ref: scu.81457

Boddington v British Transport Police: QBD 23 Jul 1996

A defendant may not challenge the validity of bylaws in course of a criminal prosecution.

Citations:

Times 23-Jul-1996

Jurisdiction:

England and Wales

Cited by:

Appeal from – Connex South Central Limited v Boddington CA 9-Mar-1998
The appellant was unhappy with the plaintiff’s policy toward smokers. He had been made subject to an injunction requiring him not to smoke cigarettes on the plaintiff’s trains in ‘no smoking’ facilities. He had sought to argue that this did not . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 08 April 2022; Ref: scu.78461

Agricultural, Horticultural and Forestry Industry Training Board v Kent: CA 1970

A notice of assessment to a levy which was served by the appellant Board failed to provide an address for service of a notice of appeal as required.
Held: The decision notice was invalidated by the omission.

Citations:

[1970] 2 QB 19

Statutes:

Industrial Training Levy (Agricultural, Horticultural and Forestry) Order 1967 4(3), Industrial Training Act 1964 4

Jurisdiction:

England and Wales

Cited by:

Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 08 April 2022; Ref: scu.258739

Tirkkonen; Intervener Maaseutuvirast: ECJ 1 Mar 2018

Judgment – Freedom of Establishment – Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Tendering procedure for public contracts for farm advisory services – Whether or not there is a public contract – Scheme for obtaining services open to any economic operator who satisfies previously established conditions – Scheme not subsequently open to other economic operators

Citations:

ECLI:EU:C:2018:142, [2018] EUECJ C-9/17

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 06 April 2022; Ref: scu.606031

Sinclair Collis Ltd, Regina (on The Application of) v The Secretary of State for Health: CA 17 Jun 2011

The claimants sought to challenge the validity of rules brought in under the 2009 Act as to the placement of cigarette vending machines in retail outlets. They said it was a a national measure restricting the free movement of goods. The justification put forward was the protection of public health. The issue was whether the measure was necessary, or whether the objective might have been achieved by a less restrictive measure.
Held: The Court considered the general considerations governing proportionality and treated them as relevantly identical under EU and Convention law

Judges:

Lord Neuberger MR, Laws, Arden LJJ

Citations:

[2011] EWCA Civ 437, [2012] QB 394, [2012] 2 WLR 304, [2012] Eu LR 50, [2011] 3 CMLR 37, (2012) 123 BMLR 36, [2011] ACD 98, [2011] LLR 592

Links:

Bailii

Statutes:

Protection from Tobacco (Sales from Vending Machines) Regulations 2010, Health Act 2009 22 23

Jurisdiction:

England and Wales

Citing:

Appeal from – Sinclair Collis Ltd v Secretary of State for Health and Another Admn 1-Dec-2010
. .

Cited by:

Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Cited – Secretary of State for Work and Pensions v Gubeladze SC 19-Jun-2019
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her . .
Lists of cited by and citing cases may be incomplete.

Health, Administrative, Human Rights, European

Updated: 06 April 2022; Ref: scu.440850

QSA and Others, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 2 Mar 2018

The claimants contended that the requirement placed upon them to disclose historic convictions for prostitution were unlawful on the basis that it infringed obligations to protect those who had been subject to human trafficking.

Judges:

Holroyde LJ, Nicola Davies HHJ

Citations:

[2018] EWHC 407 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Police

Updated: 05 April 2022; Ref: scu.605703

English Democrats Party v Electoral Commission: Admn 14 Feb 2018

The claimant party challenged the removal by the defendant of elements of their description on their registration as a political party.

Judges:

Supperstone J

Citations:

[2018] EWHC 251 (Admin), [2018] WLR(D) 107

Links:

Bailii, WLRD

Statutes:

Political Parties, Elections and Referendums Act 2000

Jurisdiction:

England and Wales

Elections, Administrative

Updated: 05 April 2022; Ref: scu.605602

Regina (Dawes) v Nottingham Crown Court and Another: QBD 19 Jan 2005

There was a dispute between the Bar and the government on the terms of the provision of legal aid. As a result, the claimant was unable to secure representation at a hearing deciding to extend the custody time limit. The judge refused to allow him to represent himself, and his case was adjourned for four months. He claimed in damages from the court for the additional four months he had spent in custody.
Held: The claimant had not established that the judicial system had deprived him of the opportunity for representation.

Citations:

Times 14-Jan-2005

Jurisdiction:

England and Wales

Administrative

Updated: 05 April 2022; Ref: scu.223058

Regina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association: QBD 19 Jul 1993

The court discussed the way in which local authorities should conduct their activities under the section: ‘[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect the interests of what is now the body of council tax payers. The broad object of section 32 is to enable the council to break even over time on its market trading account so that no special burden is transferred to the general fund . . [T]he council remains under an obligation to balance the market trading books’ and ‘the purpose of the legislation . . is to ensure that the cost of running street markets falls, but falls fairly, upon the traders’.
When considering any penalty to be imposed for a breach, the court should look to the the gravity of the breach in relation to the statutory purpose.

Judges:

Sedley J

Citations:

Unreported, 19 July 1993, [1994] COD 325

Statutes:

London Local Authorities Act 1990 32

Jurisdiction:

England and Wales

Cited by:

Cited – West End Street Traders’ Association and Another, Regina (on the Application of) v City of Westminster Admn 21-May-2004
The respondent regulated street trading within its area by licenses issued under the Act. The claimants challenged substantial increases in the licence fees saying there had been insufficient consultation. The system was running at a net cost.
Cited – Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening CA 3-Jun-1999
A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the . .
Cited – Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza Admn 31-Mar-2000
A local authority served notices on a property owner alleging that they were unlicensed sex establishments. The magistrate confirmed closure. The owner appealed.
Held: The statute gave two grounds for appeal, and an appeal on other grounds was . .
Cited – Paddy Tomkins, Chief Constable, Lothian and Borders Police Lothian and Borders Police Board Alistair Gemmell v Alistair Gemmell OHCS 1-Mar-2005
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 05 April 2022; Ref: scu.197718

Regina v Secretary of State for the Home Department, ex parte Tawfick: QBD 5 Dec 2000

The applicant had been convicted and imprisoned following a trial in which he had defended himself, and in which the judge had attacked his honesty before the jury, and his honesty was an issue in the charge. The conviction had been set aside, and he sought compensation the Secretary of State who had refused this on the grounds that the circumstances were not exceptional.
Held: The Secretary of State’s decision was irrational. The complaint went to behaviour of the judge, and was justified. The Secretary of State’s decision was outside the range of reasonable responses, and he should have granted the application.

Citations:

Times 05-Dec-2000, Gazette 11-Jan-2001

Jurisdiction:

England and Wales

Administrative, Criminal Practice

Updated: 29 March 2022; Ref: scu.88655

Commission v Germany – C-480/06: ECJ 9 Jun 2009

Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions

Citations:

[2009] EUECJ C-480/06

Links:

Bailii

Statutes:

Directive 92/50/EEC

Jurisdiction:

European

Citing:

Opinion – Commission v Germany – C-480/06 ECJ 19-Feb-2009
ECJ (Law Relating To Undertakings) – Opinion – Public service contracts Scope of Directive 92/50/EEC Procedure for the award of public service contracts Technical reasons . .

Cited by:

Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Commercial, European

Updated: 28 March 2022; Ref: scu.592012

Public and Commercial Services Union and Others v Minister for The Cabinet Office: Admn 18 Jul 2017

Application for judicial review of the decision to make a scheme under section 1 of the Superannuation Act 1972, which amended the Civil Service Compensation Scheme to reduce the value of certain benefits paid to civil servants on redundancy or taking early retirement or other forms of exit from the civil service

Judges:

Sales LJ, Whipple J

Citations:

[2017] EWHC 1787 (Admin), [2017] WLR(D) 480

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Employment, Administrative

Updated: 28 March 2022; Ref: scu.591231

Knight, Regina (on The Application of) v Secretary of State for Transport and Others: Admn 10 Jul 2017

Application for judicial review concerns a rare claim for salvage in respect of wreck (jetsam, flotsam, lagan and derelict).

Judges:

Teare J

Citations:

[2017] EWHC 1722 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Administrative

Updated: 27 March 2022; Ref: scu.590301

Freitag, interveners, Oberburgermeister der Stadt Wuppertal and Others: ECJ 8 Jun 2017

(Citizenship of The Union – Freedom To Move and Reside In The Member States : Judgment) Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Freedom to move and reside in the Member States – Individual having the nationality of both the Member State in which he resides and the Member State in which he was born – Change of surname in the Member State of birth not carried out during a period of habitual residence – Name corresponding to birth name – Application for the entry of that name in the civil register of the Member State of residence – Rejection of that application – Reason – Name not acquired during a period of habitual residence – Existence of other procedures in national law to have that name recognised

Citations:

C-541/15, [2017] EUECJ C-541/15

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 27 March 2022; Ref: scu.588271

O and Another, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 31 Jan 2019

The Court was asked have delays by the Home Office in the process of making ‘Conclusive Grounds’ decisions in respect of potential victims of human trafficking become so significant and so widespread as to be unlawful?

Citations:

[2019] EWHC 148 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Immigration

Updated: 24 March 2022; Ref: scu.633161

Przedsiebiorstwo Energetyki Cieplnej v ECHA: ECFI 10 Mar 2017

ECJ (Public Health Public Health – Order) Interim measures – European Chemicals Agency – REACH – Fee payable for the registration of a substance – Discount granted to micro, small and medium enterprises – Decision imposing an administrative fee and additional fee – Application for stay of execution – Failure emergency

Citations:

ECLI:EU:T:2017:156, [2017] EUECJ T-625/16 – CO

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 23 March 2022; Ref: scu.580718

Polynt v ECHA: ECJ 15 Mar 2017

ECJ (Judgment) Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 57(f) – Authorisation – Substances of very high concern – Identification – Equivalent level of concern – Cyclohexane-1,2-dicarboxylic anhydride, cis-cyclohexane-1,2-dicarboxylic anhydride and trans-cyclohexane-1,2-dicarboxylic anhydride

Citations:

ECLI:EU:C:2017:207, [2017] EUECJ C-323/15

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 23 March 2022; Ref: scu.580717

Uddin and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2006

Application for judicial review of listing decisions taken by the Asylum and Immigration Tribunal in relation to two appeals against decisions made by an entry clearance officer in Bangladesh.

Judges:

Jackson J

Citations:

[2006] EWHC 2127 (Admin)

Links:

Bailii

Statutes:

Asylum and Immigration Tribunal (Procedure) Rules 2005

Jurisdiction:

England and Wales

Immigration, Administrative

Updated: 23 March 2022; Ref: scu.244860

Sinn Fein and Another, Regina (on the Application of) v Secretary of State for Northern Ireland and Another: Admn 19 Jan 2007

The claim relates to the reports of the Independent Monitoring Commission (IMC) and decisions taken by the Secretary of State in reliance on those reports. Sinn Fein contends that it has been and continues to be unlawful for the Secretary of State to rely on the reports because they are vitiated by (a) the apparent bias of the members of the IMC, (b) the failure of the IMC to apply any standard of proof in its decision-making process, when it ought to have applied what is sometimes referred to as the heightened civil standard in relation to certain of its findings of facts, and (c) the failure of the IMC to inform Sinn Fein of the case it had to answer prior to making adverse findings against it.

Judges:

Lord Justice Richards

Citations:

[2007] EWHC 12 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 23 March 2022; Ref: scu.248218

Legal and General Assurance Society Ltd v Pensions Ombudsman and Others; Regina v Pensions Ombudsman, ex parte Legal and General Assurance Society Ltd: ChD 3 Nov 1999

There is no facility to appeal against an interim decision or determination of the Pensions Ombudsman, on a point of law, to the High Court. The appeal is purely statutory, and since no express capacity for such an appeal is provided, none exists.

Judges:

The Honourable Mr Justice Lightman

Citations:

Times 07-Dec-1999, Gazette 01-Dec-1999, [1999] EWHC Ch 196, [2000] 1 WLR 1524

Links:

Bailii

Statutes:

Pension Schemes Act 1993, Personal and Occupational Pensions Schemes (Pensions Ombudsman) (Procedure) Rules 1995 (1995 No 1053)

Jurisdiction:

England and Wales

Cited by:

Cited – British Broadcasting Corporation v Sugar and Another Admn 27-Apr-2007
The applicant sought publication of a report prepared for the respondent as to the even handedness of its reporting of matters in the middle east. The BBC had refused saying that the release of the report would have direct impact on its ability to . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Administrative

Updated: 23 March 2022; Ref: scu.83019

The Electoral Commission v City of Westminster Magistrates’ Court: Admn 22 Jan 2009

The UKIP had accepted donations from a man whose name through inadvertence was not listed on the electoral register. The commission sought to impose a forfeit of an equal amount.
Held: Parliament had rejected the suggested test of entitlement to vote and imposed a requirement that the name be on the register. The court’s task was to further the policy of the statute. There was no presumption in favour of forfeiture, and property rights should not be interfered with save where such an intention is clearly shown.

Judges:

Walker J

Citations:

[2009] EWHC 78 (Admin), [2009] ACD 23

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Electoral Commission, Regina (On the Application of) v City of Westminster Magistrates Court and Another CA 19-Oct-2009
The UKIP party had accepted substantial donations. The donor had, through, he said, inadvertent error, had failed to ensure that he appeared on the electoral roll. The party had not taken all reasonable steps to verify his registration as required. . .
At First Instance – The Electoral Commission, Regina (on The Application of) v City of Westminster Magistrates Court and Another SC 29-Jul-2010
UKIP, a political party had accepted donations from an individual who had ceased to be a registered voter. An application had been made for forfeiture of the sums given. The court was now asked whether the Act created a presumption in favour of . .
Lists of cited by and citing cases may be incomplete.

Elections, Administrative

Updated: 25 February 2022; Ref: scu.282618

O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997

The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in individuals for damages, nor to ensure that all homeless people are accommodated. The Act created no such right explicitly, and a public law means of enforcing the Act was in place. No private action for damages for breach lay against the council.
Lord Hoffmann said: ‘the [Housing] Act [1985] is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy. Public money is spent on housing the homeless not merely for the private benefit of people who find themselves homeless but on grounds of general public interest: because, for example, proper housing means that people will be less likely to suffer illness, turn to crime or require the attention of other social services. The expenditure interacts with expenditure on other public services such as education, the National Health Service and even the police. It is not simply a private matter between the claimant and the housing authority. Accordingly, the fact that Parliament has provided for the expenditure of public money on benefits in kind such as housing the homeless does not necessarily mean that it intended cash payments to be made by way of damages to persons who, in breach of the housing authority’s statutory duty, have unfortunately not received the benefits which they should have done.’

Judges:

Lord Goff of Chieveley, Lord Mustill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann

Citations:

[1997] UKHL 24, [1997] 3 WLR 86, [1998] AC 188, [1997] 3 All ER 23

Links:

House of Lords, Bailii

Statutes:

Housing Act 1985 62

Jurisdiction:

England and Wales

Citing:

Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Wyatt v Hillingdon London Borough Council CA 1978
A local authority was sued by a disabled person for breach of the duty imposed by s.2 of CSDPA.
Held: The case was struck out on the basis that her proper remedy was to persuade the Minister to use his default powers under s. 36 of the 1948 . .
Applied – Cocks v Thanet District Council HL 25-Nov-1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. . .

Cited by:

Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Regina v London Borough of Camden ex parte Pereira CA 20-May-1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Cited – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Administrative

Updated: 11 February 2022; Ref: scu.158899

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty

The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves starting with a prima facie assumption that a duty of care exists if it is reasonably foreseeable that carelessness may cause damage and then asking whether there are any considerations which ought to ‘negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may arise’. Subsequent decisions in this House and the Privy Council have preferred to approach the question the other way round, starting with situations in which a duty has been held to exist and then asking whether there are considerations of analogy, policy, fairness and justice for extending it to cover a new situation: see for example Lord Bridge in Caparo (supra) . . It can be said that, provided that the considerations of policy etc. are properly analysed, it should not matter whether one starts from one end or the other. On the other hand the assumption from which one starts makes a great deal of difference if the analysis is wrong. The trend of authorities has been to discourage the assumption that anyone who suffers loss is prima facie entitled to compensation from the person (preferably insured or a public authority) whose act or omission can be said to have caused it. The default position is that he is not.’ ‘A common law duty must not be inconsistent with the performance by the authority of its statutory duties and powers in the manner intended by Parliament, or contrary in any other way to the presumed intention of Parliament.’ and ‘the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done at all, are, first, that it would in the circumstances have been irrational not to have exercised the power, so that there was in effect a public law duty to act, and secondly, that there are exceptional grounds for holding that the policy of the statute requires compensation to be paid to persons who suffer loss because the power was not exercised.’
Lord Hoffmann said: ‘In my view the creation of a duty of care upon a highway authority, even on grounds of irrationality in failing to exercise a power, would inevitably expose the authority’s budgetary decisions to judicial inquiry. This would distort the priorities of local authorities, which would be bound to try to play safe by increasing their spending on road improvements rather than risk enormous liabilities for personal injury accidents. They will spend less on education or social services. I think that it is important, before extending the duty of care owed by public authorities, to consider the cost to the community of the defensive measures which they are likely to take in order to avoid liability. . .’ Statutory bodies do not occupy a special position so far as liability for nuisance is concerned unless statute puts them in that special position: ‘Since Mersey Docks and Harbour Board Trustees v Gibbs (1866) L.R. 1 H.L. 93 it has been clear law that in the absence of express statutory authority, a public body is in principle liable for torts in the same way as a private person. But its statutory powers or duties may restrict its liability. For example, it may be authorised to do something which necessarily involves committing what would otherwise be a tort. In such a case it will not be liable: Allen v Gulf Oil Refining Ltd [1981] AC 1001. Or it may have discretionary powers which enable it to do things to achieve a statutory purpose notwithstanding that they involve a foreseeable risk of damage to others. In such a case, a bona fide exercise of the discretion will not attract liability: . . . .’.

Judges:

Lord Hoffmann, Lord Nicholls of Birkenhead

Citations:

Gazette 25-Sep-1996, Times 26-Jul-1996, [1996] AC 923, [1996] UKHL 15, [1996] 3 All ER 801, [1996] 3 WLR 389

Links:

Bailii

Statutes:

Highways Act 1980 41(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Stovin v Wise (Norfolk City Council, 3rd party) CA 16-Feb-1994
A road user was injured on a corner which was known to the highway authority to be dangerous. The authority had sought to make arrangements with the owner of land adjoining the highway to remove a bank which obstructed the view.
Held: The . .
Cited – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Approved – Sutherland Shire Council v Heyman 4-Jul-1985
(High Court of Australia) The court considered a possible extension of the law of negligence.
Brennan J said: ‘the law should develop novel categories of negligence incrementally and by analogy with established categories. ‘
Dean J said: . .

Cited by:

Cited – K v the Secretary of State for the Home Department CA 31-May-2002
The applicant sought damages from the defendant who had released from custody pending deportation a man convicted of violent sexual crimes and who had then raped her. She appealed against a strike out of her claim. She had been refused information . .
Cited – Bellefield Computer Services Limited, Unigate Properties Limited; Unigate Dairies Limited; Unigate (Uk) Limited; Unigate Dairies (Western) Limited v E Turner and Sons Limited Admn 28-Jan-2000
The Defendant builders constructed a steel building to be used as, inter alia. a dairy. The original owners sold it to the appellants. A fire spread from the storage area to the rest of the dairy and caused much damage. The Builders, had they . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – A and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
Cited – Binod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Larner v Solihull Metropolitan Borough Council CA 20-Dec-2000
The duty on a local authority to promote road safety did not remove from them the discretion as to how that duty was to be implemented. A claim that the authority had failed to place certain signage, and that an accident had occurred which might not . .
Applied – Capital and Counties Plc and Another v Hampshire County Council; Etc CA 20-Mar-1997
Three cases were brought against fire services after what were said to be negligent responses to call outs. On one, the fire brigade was called to a fire at office premises in Hampshire. The fire triggered the operation of a heat-activated sprinkler . .
Cited – Sandhar, Murray v Department of Transport, Environment and the Regions QBD 19-Jan-2004
The claimant asserted a common law duty on the respondent to maintain a roadway free of frost.
Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of . .
Cited – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
Cited – OLL Ltd v Secretary of State for Transport QBD 22-Jul-1997
Coastguard Not liable in Negligence
Eight children with a teacher and two instructors set off on a canoeing trip but did not return. They got into difficulties at sea. Two became separated from the rest. The canoes capsized and sank. Some tried to swim ashore. Two more members became . .
Cited – Bybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
Cited – Thoburn v Northumberland County Council CA 19-Jan-1999
The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act.
Held: Though the blockage was not entirely on the Highway, the nature and extent of it was . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Carty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
Cited – Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
Cited – HM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
Cited – Neil Martin Ltd v Revenue and Customs Commissioners 28-Sep-2006
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses.
Held: The revenue owed no common law duty of care to the claimant and nor were damages . .
Cited – Vellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – K v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
Cited – Connor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
Cited – Home Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Hurst and Another v Hampshire County Council CA 19-Jun-1997
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway.
Held: Pre-adoption trees vest in the highway authority for all purposes. . .
Cited – Dodson v Environment Agency QBD 28-Feb-2013
The claimant asserted that the steps taken by the defendant to encourage wildlife in the estuary had led to otters predating his fish farm stocks, and that the claimant had not been informed of this, in particular as to the construction of otter . .
Cited – Robinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .
Cited – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.

Administrative, Personal Injury, Local Government

Leading Case

Updated: 11 February 2022; Ref: scu.89580

Troszczynski v Parliament: ECFI 16 Feb 2017

ECJ (Order) Application for interim measures – Member of the European Parliament – Recovery of compensation for reimbursement of parliamentary assistance costs – Application for suspension of operation – Lack of urgency

Citations:

ECLI:EU:T:2017:92, [2017] EUECJ T-626/16 – CO

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 09 February 2022; Ref: scu.579664

Gollnisch v Parliament: ECFI 16 Feb 2017

ECJ (Order) Application for interim measures – Member of the European Parliament – Recovery of compensation for reimbursement of parliamentary assistance costs – Application for suspension of operation – Lack of urgency

Citations:

ECLI:EU:T:2017:94, [2017] EUECJ T-624/16 – CO

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 09 February 2022; Ref: scu.579654

MR, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 10 Mar 2017

The claimant challenged the use of the Royal Prerogative to withdraw his passport. He had as a youth been involved with a terrorist organisation, but said that he now regretted that and was no longer so involved. He had sought to set up a business, and had made several trips abroad which had concerned the authorities.
Held: The application for judicial review was dismissed.

Judges:

Bean LJ, Supperstone J

Citations:

[2017] EWHC 469 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Rochdale Metropolitan Borough Council, Ex parte Cromer Ring Mill Ltd 1982
Forbes J considered a suggestion that the lower tribiunal had taken into account irrelevant matters: ‘the case wholly supports the formulation in Professor de Smith’s book: ‘If the influence of irrelevant factors is established, it does not appear . .
Cited – Regina v Broadcasting Complaints Commission, ex parte Owen CA 1985
The BBC is a creation of the Crown through the grant of a Charter in the exercise of the Royal Prerogative, and it exercises its functions under agreement with and licences from the Government. The court expressly declined to express a view on the . .
Cited – Simplex GE (Holdings) Limited v Secretary of State CA 1988
A decision should in general be quashed if by way of error a relevant consideration is not taken into account or an irrelevant consideration is taken into account unless the decision-maker was bound on the facts to have reached the same conclusion . .
Cited – John v Rees and Others; Martin and Another v Davis and Others ChD 1969
The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited – XH and AI, Regina (on The Application of) v The Secretary of State for The Home Department CA 2-Feb-2017
The court heard appeals concerning the cancellation of the passports of the appellants, XH and AI, on the grounds that the Secretary of State suspects that they plan to travel to be involved in terrorism-related activity. The Secretary of State was . .
Cited – FDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Another CA 20-Mar-2012
The FDA and other trades unions challenged the use by the respondent of the Consumer Price Index rather than the Retail Prices Index for use in the uprating of civil service pensions.
Held: The respondent was so entitled. In ordinary language, . .
Cited – Smith v North East Derbyshire Primary Care Trust CA 23-Aug-2006
The cliamant had challenged a decision by the respondent on the method of provision of general practioner medical services in her village. She said that the procedure had been flawed in that the consultation had been inadequate.
Held: Her . .
Lists of cited by and citing cases may be incomplete.

Administrative, Immigration

Updated: 09 February 2022; Ref: scu.579644

The Good Law Project, Regina (on The Application of) v Minister for The Cabinet Office: CA 18 Jan 2022

The Minister for the Cabinet Office appeals against the decision of O’Farrell J to allow (in part) a claim for judicial review of his decision to award a contract to Public First Limited without public notice or competition, relying on Regulation 32(2)(c) of the Public Contracts Regulations 2015.

Judges:

The Lord Burnett of Maldon
Lord Chief Justice of England and Wales
Lord Justice Coulson
And
Lady Justice Carr

Citations:

[2022] EWCA Civ 21, [2022] WLR(D) 54

Links:

Bailii, WLRD

Statutes:

Public Contracts Regulations 2015 32

Jurisdiction:

England and Wales

Administrative, Contract

Updated: 09 February 2022; Ref: scu.671303

Sinn Fein, Re an Application for Judicial Review: QBNI 14 Feb 2005

Application for Judicial Review of the findings of the International Monitoring Commission contained in its Report presented to Parliament on 20 April 2004 and further of a Direction given by the Secretary of State under Section 51B(2) of the Northern Ireland Act 1998 issued on 28 April 2004. By that Direction the Secretary of State recited that he was satisfied that Sinn Fein were not committed to non-violence and exclusively peaceful and democratic means and directed that the financial assistance payable under the Financial Assistance for Political Parties Act (Northern Ireland) 2000 to Sinn Fein for the period from 29 April 2004 to 28 April 2005 should not be payable.

Judges:

Weatherup J

Citations:

[2005] NIQB 10

Links:

Bailii

Jurisdiction:

Northern Ireland

Administrative

Updated: 07 February 2022; Ref: scu.224590

Grimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council: Admn 12 Aug 2010

The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and that it should be re-imbursed its expenses.
Held: The application failed. The meat of the alleged representation was that the Institute’s application for AiD would be dealt with on its merits and without regard to the financial state of the LSC. However it was impossible to translate the early statements of encouragement made here with a promise. There was nothing shown to establish that the LSC represented that it was not dependent on external funding.

Judges:

Langan QC J

Citations:

[2010] EWHC 2134 (Admin), [2010] 3 EGLR 125

Links:

Bailii

Statutes:

Learning and Skills Act 2000 1

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .
Cited – Regina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
Cited – The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence CA 3-Apr-2003
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
Cited – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 06 February 2022; Ref: scu.421512

The Project for The Registration of Children As British Citizens and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Dec 2019

Challenge to payability of fees for registration of child with British nationality

Judges:

Jay J

Citations:

[2019] EWHC 3536 (Admin), [2020] WLR(D) 26, [2020] 1 WLR 1486, [2020] 2 All ER 572, [2020] ACD 32

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Appeal frrom – Project for The Registration of Children As British Citizens and Another, Regina (on The Application of) v Secretary of State for The Home Department CA 18-Feb-2021
Whether the reliance by the Secretary of State on the contents of debates in both Houses of Parliament in the court below and before the CA contravened Article 9 of the Bill of Rights 1689 and the rules of parliamentary privilege.
Held: The . .
At First Instance – O (A Minor), Regina (on The Application of v Secretary of State for The Home Department SC 2-Feb-2022
Can the Secretary of State lawfully make the exercise of a child’s right to be registered as a British citizen conditional on their payment of pounds 1,012? The Appellants argued that, as the fee is unaffordable for a significant number of children, . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 03 February 2022; Ref: scu.648127

O (A Minor), Regina (on The Application of v Secretary of State for The Home Department: SC 2 Feb 2022

Can the Secretary of State lawfully make the exercise of a child’s right to be registered as a British citizen conditional on their payment of pounds 1,012? The Appellants argued that, as the fee is unaffordable for a significant number of children, and so makes their statutory right to be registered as British citizens meaningless in practice, the Regulations must be unlawful. The High Court and the Court of Appeal rejected that argument.
Held: The Appeal failed.

Judges:

Lord Hodge, Deputy President
Lord Briggs
Lady Arden
Lord Stephens
Lady Rose

Citations:

[2022] UKSC 3

Links:

Bailii, Bailii Press Summary, Bailii Issues and Facts

Statutes:

Nationality (Fees) Regulations 2018, British Nationality Act 1981

Jurisdiction:

England and Wales

Citing:

Appeal from – Project for The Registration of Children As British Citizens and Another, Regina (on The Application of) v Secretary of State for The Home Department CA 18-Feb-2021
Whether the reliance by the Secretary of State on the contents of debates in both Houses of Parliament in the court below and before the CA contravened Article 9 of the Bill of Rights 1689 and the rules of parliamentary privilege.
Held: The . .
At First Instance – The Project for The Registration of Children As British Citizens and Others, Regina (on The Application of) v Secretary of State for The Home Department Admn 19-Dec-2019
Challenge to payability of fees for registration of child with British nationality . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative, Constitutional

Updated: 03 February 2022; Ref: scu.671791

Regina v Northern and Yorkshire RHA, ex parte Trivedi: 1995

The court discussed the scope of the disciplinary process undertaken by the respondent: ‘The fact that the process is investigative and inquisitorial rather than a form of litigation between the parties . . does not mean that the medical service committee or the authority is entitled to investigate and make findings on matters not the subject of complaint.’

Judges:

Auld LJ

Citations:

[1995] 1 WLR 961

Jurisdiction:

England and Wales

Cited by:

See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996
. .
See Also – Trivedi, Regina (on the Application Of) v General Medical Council CA 14-Nov-1996
. .
See Also – Trivedi v the General Medical Council PC 18-Nov-1996
(Professional Conduct Committee of the GMC) . .
See Also – Regina v Secretary of State for Health and Family Health Service Appeal Unit ex parte Trivedi CA 13-Dec-1996
. .
See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997
. .
Cited – Nicholas Cavanagh Raymond Bhatt Frank Redmond v The Health Service Commissioner CA 15-Dec-2005
A parent had complained about the closure of a hospital unit which led to his daughter not receiving treatment. The Commissioner in her report commented adversely on the doctors involved. Both doctors and the parent sought judicial review of the . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 02 February 2022; Ref: scu.237701

Kerstens v Commission: ECFI 14 Feb 2017

ECJ (Judgment) Appeal – Civil service – Officials – Dismissal of the application at first instance – Measures contrary to the dignity of the civil service – Dissemination of insulting remarks concerning another official – Disciplinary proceedings – Investigation in the form of an examination of the facts – Disciplinary action Blame – Procedural irregularity – Consequences of irregularity

Citations:

ECLI:EU:T:2017:74, [2017] EUECJ T-270/16

Links:

Bailii

Jurisdiction:

European

Administrative, Employment

Updated: 31 January 2022; Ref: scu.575269

Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 18 Jan 2022

whether the 26 March 2020 Covid-19 prohibition on collective worship (‘PCW’), as maintained from 13 May 2020, with its prohibiting consequences inter alia for communal prayers at a Bradford Mosque, breached the Human Rights Act 1998 (‘the HRA’) as an unjustified interference with freedom of religion

Judges:

Mr Justice Fordham

Citations:

[2022] EWHC 82 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Human Rights

Updated: 31 January 2022; Ref: scu.671489

Regina (A and Others) v Lord Saville of Newdigate and Others: QBD 16 Nov 2001

When making a decision which would interfere with the human rights of an individual, and even where the risks from which protections was sought, could be seen as small, it was the duty of the decision maker to justify the interference. The individual was not to be called upon to prove the risk. Here the respondent was holding a major public inquiry into the events of Bloody Sunday. Parties wanted soldiers involved in the incident to appear in person. The soldiers asserted that they were at personal risk if they attended. The respondent ordered them to attend. It was held that the order requiring them to attend was to be set aside. The Osman test did not apply. The risk was not fanciful, and the decision that they could be adequately protected by the Security Services was a procedural unfairness.

Judges:

Lord Justice Rose and Mr Justice Sullivan

Citations:

Times 23-Nov-2001, Gazette 14-Dec-2001

Jurisdiction:

England and Wales

Citing:

Cited – Osman v The United Kingdom ECHR 28-Oct-1998
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, . .
Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
See Also – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .

Cited by:

Appeal from – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Administrative

Updated: 30 January 2022; Ref: scu.166860

Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others: CA 19 Dec 2001

The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be meant by a threat to their article 2 rights to life. The state has a direct duty to seek to protect its citizens when their lives are threatened. The case raised the issue of whether, and in what circumstances, article 2 could require a public authority to desist from a lawful and peaceful activity because of a terrorist threat. The appropriate course is to consider first the nature of the subjective fears that that the soldier witnesses are likely to experience if called to give evidence in the Guildhall, to consider the extent to which those fears are objectively justified and then to consider the extent to which those fears, and the grounds giving rise to them, will be alleviated if the soldiers give their evidence somewhere in Great Britain rather than in Londonderry. That alleviation then has to be balanced against the adverse consequences to the inquiry of the move of venue, applying common sense and humanity. The result of the balancing exercise will determine the appropriate decision. This course will, we believe, accommodate both the requirements of article 2 and the common law requirement that the procedure should be fair.

Judges:

Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Jonathan Parker and Lord Justice Dyson

Citations:

Times 21-Dec-2001, [2001] EWCA Civ 2048, [2002] 1 WLR 1249, [2002] ACD 22, [2001] 3 All ER 289, [2001] All ER (D) 298, (2001) 60 BMLR 1, [2001] Lloyds Rep Med 187

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Ergi v Turkey ECHR 28-Jul-1998
A village girl was shot dead when she went out onto the veranda of her home after security forces had been engaged in an ambush of PKK members close to the village where she lived. Nobody asked her family about the circumstances of the shooting, and . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
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, . .
Adopted – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
Appeal from – Regina (A and Others) v Lord Saville of Newdigate and Others QBD 16-Nov-2001
When making a decision which would interfere with the human rights of an individual, and even where the risks from which protections was sought, could be seen as small, it was the duty of the decision maker to justify the interference. The . .

Cited by:

Cited – Regina v Chief Constable of Norfolk, ex parte DF Admn 2002
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 . .
Cited – Plymouth City Council v HM Coroner for the County of Devon and Another Admn 27-May-2005
The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Armed Forces, Administrative

Updated: 30 January 2022; Ref: scu.167106

International Management Group v Commission: ECFI 2 Feb 2017

(Judgment) Development cooperation – Annual Action Programme in favour of Myanmar/Burma to be financed from the general budget of the European Union – Budget implementing decision – Modification – Action for annulment – Challengeable act – Admissibility – Obligation to state reasons – Principle of sound financial management – Principle of good administration – Transparency – Remedy – Legitimate expectations

Citations:

ECLI:EU:T:2017:56, [2017] EUECJ T-29/15

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 29 January 2022; Ref: scu.573896

Clientearth v Commission: ECJ 16 Jul 2015

ECJ (Judgment : Second Chamber) Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Third indent of Article 4(2) – Environmental information – Aarhus Convention – Article 4(1) and (4) – Exception to right of access – Protection of the purpose of investigations – Studies carried out by an undertaking, at the request of the European Commission, concerning the transposition of directives on the environment – Partial refusal of access

Citations:

C-612/13, [2015] EUECJ C-612/13

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 29 January 2022; Ref: scu.573766

Commission v Vanbreda Risk and Benefits: ECJ 23 Apr 2015

ECJ Appeals – Order for interim measures – Public service contracts – Procurement procedure concerning the supply of insurance services for property and persons – Rejection of the bid made by a tenderer and decision to award the contract to another tenderer – Application for suspension of operation – Particularly serious prima facie case – Urgency – Serious harm – No irreparable harm – Right to an effective remedy – Directive 89/665/EEC – Article 47 of the Charter of Fundamental Rights of the European Union – Standstill period before conclusion of the contract – Access to information permitting assessment of the lawfulness of the award decision

Citations:

ECLI:EU:C:2015:275, [2015] EUECJ C-35/15 – P

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 29 January 2022; Ref: scu.573765

Typke v Commission: ECJ 11 Jan 2017

(Judgment) Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Article 3 – Notion of document – Article 2(3) – Documents held by an institution – Characterisation of information contained in a database – Obligation to create a document which does not already exist – None – Existing documents capable of being extracted from a database

Citations:

ECLI:EU:C:2017:5, [2017] EUECJ C-491/15

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 28 January 2022; Ref: scu.573262

Cofely Solelec and Others v Parliament: ECFI 17 Jan 2017

ECJ (Judgment) Public works contracts – Tender procedure – Extension and refurbishment of the Konrad Adenauer building in Luxembourg – Annulment of the invitation to tender procedure – Obligation to state reasons – Value of the contract – Manifest error of assessment

Citations:

ECLI:EU:T:2017:8, [2017] EUECJ T-419/15

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 28 January 2022; Ref: scu.573244

U v Stadt Karlsruhe: ECJ 2 Oct 2014

ECJ Judgment – Area of freedom, security and justice – Regulation (EC) No 2252/2004 – Document 9303 of the International Civil Aviation Organisation (ICAO), Part 1 – Minimum security standards for passports and travel documents issued by the Member States – Machine readable passport – Inclusion of the birth name on the personal data page of the passport – Name to appear in a form not liable to give rise to confusion

ECLI:EU:C:2014:2249, [2014] EUECJ C-101/13
Bailii
Regulation (EC) No 2252/2004
England and Wales
Citing:
Opinion – U v Stadt Karlsruhe ECJ 30-Apr-2014
ECJ (Advocate General’s Opinion) Passports – Regulation (EC) No 2252/2004 – Minimum standards for the security of passports and travel documents issued by Member States – Legal effect of reference to document No . .

Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 27 January 2022; Ref: scu.572694

Bietergemeinschaft Technische Gebaudebetreuung und Caverion Osterreich: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Public procurement – Directive 89/665 / EEC – Recourse procedures for the award of public contracts – Article 1 (3) – Interest in bringing proceedings – Article 2a (2) – Concept of ‘tenderer concerned’ Of a tenderer definitively excluded by the contracting authority from bringing an action against the subsequent decision to award the contract

C-355/15, [2016] EUECJ C-355/15
Bailii
European

Commercial, Administrative

Updated: 27 January 2022; Ref: scu.572566

Undis Servizi Srl v Comune di Sulmona: ECJ 8 Dec 2016

EU (Judgment) Reference for a preliminary ruling – Public service contracts – Award of the contract without initiating a tendering procedure – So-called ‘in-house’ award – Conditions – Similar control – Performance of the essential activity – Successful public capital tendering company owned by several local authorities – Activity also carried out for the benefit of local authorities which are not shareholders – Activity imposed by a public authority which is not a shareholder

C-553/15, [2016] EUECJ C-553/15
Bailii
European

Administrative, Commercial

Updated: 27 January 2022; Ref: scu.572326