Category: Administrative

Ciclat Soc Coop v Consip SpA and Others: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/18/EC – Article 45 – Articles 49 and 56 TFEU – Public procurement – Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts – Obligations relating to the payment of social security contributions – Social security contributions payment certificate – Correction of irregularities

ECLI:EU:C:2016:853, [2016] EUECJ C-199/15
Bailii
Directive 2004/18/EC 45, TFEU 49 56
European

Administrative, Contract

Updated: 25 January 2022; Ref: scu.571265

Rudall v The Crown Prosecution Service and Another: QBD 14 Nov 2016

The claimant solicitor alleged that the repeated and failed prosecutions of him and the obtaining of search warrants had been an improper attempt to stop him practising.

Phillips J
[2016] EWHC 2884 (QB)
Bailii
Limitation Act 1980 32
England and Wales

Administrative, Limitation, Torts – Other

Updated: 25 January 2022; Ref: scu.571115

The Interim Executive Board of X, Regina (on The Application of) v OFSTED: Admn 1 Aug 2016

The claimant sought to quash a report on the claimant school issued by the respondent. The respondent now sought the removal of an interim order restraining publication.
Held: THE ORDER WAS UPHELD.

Stuart-Smith J
[2016] EWHC 2004 (Admin)
Bailii
England and Wales
Cited by:
See Also – The Interim Executive Board of X School v Chief Inspector of Education, Childrens Services and Skills Admn 8-Nov-2016
The School sought judicial review of a decision of the Inspector that their school policy of separating girls and boys within the school was discriminatory. . .
See Also – Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School CA 13-Oct-2017
Single Sex Schooling failed to prepare for life
The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes.
Held: The action was . .

Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 24 January 2022; Ref: scu.570258

TT, Regina (on The Application of) v The Registrar General for England and Wales: FD 25 Sep 2019

Where an individual, who was born female, undergoes gender transition and becomes legally recognised as male before going on to conceive, carry and give birth to a child, with the result that the parent who has given birth is legally a man rather than a woman. The question posed to this court is: Is that man the ‘mother’ or the ‘father’ of his child?

The Rt Hon Sir Andrew Mcfarlane
President of the Family Division
[2019] EWHC 2384 (Fam), [2019] WLR(D) 526, [2020] 1 FLR 676, [2020] Fam 45, [2019] HRLR 17, [2020] 1 FCR 114, [2019] 3 WLR 1195
Bailii, WLRD
England and Wales

Administrative, Family

Updated: 24 January 2022; Ref: scu.648668

Gorlov v Institute of Chartered Accountants: 2001

The court considered the principles applicable when considering an award of costs against a professional body carrying out its disciplinary function.

Jackson J
[2001] EWHC Admin 22
England and Wales
Cited by:
Cited – Baxendale-Walker v The Law Society Admn 30-Mar-2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. . .
Appeal from – Gorlov, Regina (on the Application of) v Institute of Chartered Accountants In England and Wales, Reviewer of Complaints CA 9-Jul-2002
. .

Lists of cited by and citing cases may be incomplete.

Administrative, Costs

Updated: 22 January 2022; Ref: scu.241557

Seddon v Driver and Vehicle Licensing Agency: CA 28 Jan 2019

The court was asked whether the DVLA, in circumstances where it has doubts which it has decided to investigate about the age or identity of a registered ‘Historic Vehicle’ which it knows has been advertised for sale, owes a duty of care to prospective purchasers to inform the seller of its concerns.

[2019] EWCA Civ 14
Bailii
England and Wales

Administrative, Road Traffic, Negligence

Updated: 22 January 2022; Ref: scu.633092

Gopikrishna, Regina (on The Application of) v The Office of The Independent Adjudicator for Higher Education and Others: Admn 6 Feb 2015

‘the Claimant, then a second-year medical student, failed her end-of-year examination. She asked to be allowed to repeat the year and to re-sit the examination. A committee at the medical school decided that she should not be allowed to repeat the year, and that her course should be terminated. The Claimant appealed to a review panel acting for the whole university, which rejected her appeal. The Claimant then made a complaint to the Office of the Independent Adjudicator for Higher Education (‘OIA’) the statutory authority for higher education responsible for adjudication in such matters. The OIA over a period of time issued two provisional decisions, and later, following various developments detailed below, its final decision in an ‘Amended Complaint Outcome.’ The Claimant’s complaint was not upheld. She now seeks judicial review of that final decision of the OIA.’

Curran QC HHJ
[2015] EWHC 207 (Admin)
Bailii
England and Wales

Education, Health Professions, Administrative

Updated: 22 January 2022; Ref: scu.542308

Attorney General v Chaudry: CA 1971

The court has jurisdiction to grant a civil law remedy by way of injunction in order to enforce the public law, except in cases where statute had expressly or by necessary implication removed the jurisdiction. Whenever Parliament has enacted a law and given a particular remedy for the breach of it, such remedy being in an inferior court, nevertheless the High Court always has reserve power to enforce the law so enacted by way of an injunction or declaration or other suitable remedy. The High Court has jurisdiction to ensure obedience to the law whenever it is just and convenient so to do.

Lord Denning MR
[1971] 1 WLR 1614
England and Wales
Cited by:
Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
Cited – City of London Corporation v Bovis Construction Ltd CA 18-Apr-1988
An injunction had been granted to restrain Bovis from causing a noise nuisance outside certain hours specified in a notice served by the council under the 1974 Act which created a criminal offence ‘without reasonable excuse’ to contravene the . .
Cited – Birmingham City Council v Shafi and Another CA 30-Oct-2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Administrative

Updated: 22 January 2022; Ref: scu.182498

Lazarus Estates Ltd v Beasley: CA 1956

There was a privative clause in the 1954 Act. A landlord’s declaration under the Act that work of a specified value, supporting an increase in rent, had been carried out on leased premises, could not be questioned after 28 days of its service on the tenant.
Held: The validity of the declaration could be challenged as fraudulent in proceedings for arrears of rent.
Lord Denning said: ‘No Court in this land will allow a person to keep an advantage he has obtained by fraud. No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved it vitiates judgments, contracts and all transactions whatsoever; see, as to deeds, Collins v Blantern (1767) (2 Wils. KB 342), as to judgments, Duchess of Kington’s Case (1776) (1 Leach 146), and, as to contracts, Master v Miller (1791) (4 Term Rep 320). [38] There are however serious problems with the debtors’ case in fraud. While fraud gives rise to an exception, the ability to raise fraud cannot be open-ended. If there was a genuine argument as to fraud the debtors had the same obligation to raise it in the Court of Appeal as they had for all other grounds they have since raised in their attempt to attack the District Court judgment.’ and ‘The Court is careful not to find fraud unless it is distinctly pleaded and proved.’ and
‘No other objections were taken in the county court to the documents, but I do not wish it to be assumed that this court approves of them. The statutory forms require the documents to be ‘signed’ by the landlord, but the only signature on these documents (if such it can be called) was a rubber stamp ‘Lazarus Estates Ltd.’ without anything to verify it. There was no signature of a secretary or of any person at all on behalf of the company. There was nothing to indicate who affixed the rubber stamp. It has been held in this court that a private person can sign a document by impressing a rubber stamp with his own facsimile signature on it: see Goodman v J. Eban Ltd., but it has not yet been held that a company can sign by its printed name affixed with a rubber stamp.’
Lord Parker LJ observed that fraud ‘vitiates all transactions known to the law of however high a degree of solemnity.’

Denning LJ, Lord Parker LJ
[1956] 1 QB 702, [1956] 1 All ER 341, [1956] 2 WLR 502
Housing and Repairs Act 1954
England and Wales
Citing:
Cited – Master v Miller 1793
Buller J said: ‘It is a common saying in our law books, that fraud vitiates every thing. I do not quarrel with the phrase, or mean in the smallest degree to impeach the various cases which have been founded on the proof of fraud. But we must . .

Cited by:
Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Cited – Prest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .
Cited – Moynihan v Moynihan (No 2) FD 1997
The Queen’s Proctor applied to have set aside a decree absolute of divorce obtained by fraud on the part of the petitioner, the by then deceased Lord Moynihan. The particulars set out in the petition were false in a number of material respects; the . .
Cited – Rapisarda v Colladon (Irregular Divorces) FC 30-Sep-2014
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction.
Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Cited – Hayward v Zurich Insurance Company Plc SC 27-Jul-2016
The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at . .
Cited – Takhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other, Administrative, Company

Updated: 21 January 2022; Ref: scu.219283

A, Regina (on The Application of) v Secretary of State for The Home Department: SC 30 Jul 2021

Standards to be applied by a court when it is asked to conduct a judicial review of the contents of a policy document or statement of practice issued by the Government. The Supreme Court set out the principles governing the test that should be applied when considering the lawfulness of policies.
‘ . . If it is established that there has in fact been a breach of the duty of fairness in an individual’s case, he is of course entitled to redress for the wrong done to him. It does not matter whether the unfairness was produced by application of a policy or occurred for other reasons. But where the question is whether a policy is unlawful, that issue must be addressed looking at whether the policy can be operated in a lawful way or whether it imposes requirements which mean that it can be seen at the outset that a material and identifiable number of cases will be dealt with in an unlawful way.’

Lord Reed, President, Lord Lloyd-Jones, Lord Briggs, Lord Sales, Lord Burnett
[2021] UKSC 37, [2021] 1 WLR 3931
Bailii, Bailii Summary, Bailii Issues and Facts
England and Wales
Cited by:
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 – Austin, Regina (on The Application of) v Parole Board for England and Wales Admn 17-Jan-2022
Parole Board Publication Scheme Unduly Complicated
This claim for judicial review raises important issues about the lawfulness of the Parole Board’s policy and practice in relation to the provision of a summary of a Parole Board decision to victims and victims’ families and the media. The protocol . .

Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 19 January 2022; Ref: scu.666309

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 expectation cases, whether substantive or procedural, three practical questions arise. The first question is to what has the public authority, whether by practice or by promise, committed itself; the second is whether the authority has acted or proposes to act unlawfully in relation to its commitment; the third is what the Court should do.’ The authority was to be obliged to honour that legitimate expectation to the extent of including it properly among the matters it considered when looking at their applications, and allocating to them housing. That obligation existed even if the authority had not been able to show that the claimants had not done anything to their detriment in relying upon the promise. Nevertheless, it did not create an obligation simply to fulfill the promise. Detrimental reliance does not necessarily ‘render it unfair to thwart a legitimate expectation.’ The court granted a declaration ‘that the local authority is under a duty to consider the applicants’ applications for suitable housing on the basis that they have a legitimate expectation that they will be provided by the authority with suitable accommodation on a secure tenancy.’

Schiemann LJ
Times 10-May-2001, Gazette 07-Jun-2001, [2001] EWCA Civ 607, [2002] 1 WLR 237
Bailii
Housing Act 1996
England and Wales
Citing:
Appealed to – Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed Admn 18-Jan-1996
. .

Cited by:
Cited – Kariharan and Others v Secretary of State for the Home Department Admn 5-Dec-2001
The claimants had applied for asylum, being Tamils from Sri Lanka. The applications had been rejected, and they sought to challenge the decisions to return them as a breach of their human rights. The new Act and transitional provisions created a new . .
Cited – Regina (on the Application on Denis James Galligan) v the Chancellor Masters and Scholars of the University of Oxford Admn 22-Nov-2001
The applicant was director of the institute for socio-legal studies in Oxford. He made a decision to exclude a lecturer, and now challenged a decision by the University to set up an external enquiry into his decision, after an earlier decision to . .
Appeal from – Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed Admn 18-Jan-1996
. .
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Cited – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – 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 . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Cited – Regina (Ashbrook) v East Sussex County Council CA 20-Nov-2002
The claimant complained that the respondent had failed properly to secure removal of an admitted obstruction to a public footpath. The landowner had applied for a diversion of the footpath, which the respondent recommended for adoption, but the . .
Cited – 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 . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .

Lists of cited by and citing cases may be incomplete.

Administrative, Housing

Updated: 19 January 2022; Ref: scu.147518

Mandalia v Secretary of State for The Home Department: SC 14 Oct 2015

The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his application with evidence of his financial means. He said that the application should not have been rejected out of hand, but considered under the Flexibility Policy. Given that chance he would have been able to supply the information needed.
Held: The agency’s refusal of Mr Mandalia’s application was unlawful because, properly interpreted, the process instruction obliged it first to have invited him to repair the deficit in his evidence.
Lord Wilson of Culworth said that the court is the final arbiter of what a policy means.

Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Reed, Lord Hughes
UKSC 2014/0059, [2015] UKSC 59, [2016] INLR 184, [2015] 1 WLR 4546, [2015] WLR(D) 414, [2016] Imm AR 180, [2016] 4 All ER 189
SC, Bailii, Bailii Summary, WLRD, SC Summary
England and Wales
Citing:
At UTAA – Rodriguez (Flexibility Policy) UTIAC 31-Jan-2013
UTIAC Since August 2009 UKBA has operated a policy relating to the processing and determination of applications under the Points Based System (‘PBS’). This was revised with effect from May 2011. In its policy . .
Appeal from – Secretary of State for The Home Department v Rodriguez CA 20-Jan-2014
The applicants each sought entry under the points based system tostudy. They failed to accompany the applications with the necessary evidence of financial means, though that could have been supplied. The applications were rejected, and the . .
Cited – Ahmadi (S47 Decision: Validity; Sapkota) Afghanistan UTIAC 14-May-2012
UTIAC (1) A removal decision under s. 47 of the Immigration, Asylum and Nationality Act 2006 cannot be made in respect of a person until written notice of the decision to refuse to vary that person’s leave to . .
Cited – Secretary of State for The Home Department v Ahmadi CA 9-May-2013
. .
Cited – AA (Afghanistan) v Secretary of State for the Home Department CA 29-Jan-2007
The asylum claimant had said that he was a minor when his case was first considered, but to the IAT said that at the time of that hearing any error was no longer material since he had now attained 18.
Held: A court should be very reluctant to . .
Cited – Alam and Others v Secretary of State for The Home Department CA 13-Jul-2012
. .
Cited – WL (Congo) and Another, Regina (on the application of) v Secretary of State for the Home Department CA 19-Feb-2010
. .
Cited – Pokhriyal v The Secretary of State for The Home Department CA 5-Dec-2013
Appeals by foreign students agaonst rejection of requests for entry to pursue further studies
Jackson LJ observed of the Pointe Based System Rules that they had ‘now achieved a degree of complexity which even the Byzantine emperors would have . .
Cited – Regina v Secretary of State for the Home Department ex parte Gangadeen and Another; Regina v Same ex parte Khan CA 12-Dec-1997
Home Secretary need not always follow own extra statutory concession if reasons given; parent deported though child had residence right.
Home Secretary need not always follow own extra statutory concession if reasons given; parent deported . .
Cited – Gu v Secretary of State for The Home Department Admn 20-May-2014
Foskett J held: ‘something cannot be ‘missing’ from a sequence until the sequence itself exists. To my mind that means that at least the start and the end of the sequence must be in evidence for the sequence to exist. Something missing from it can . .
Cited – Regina v Secretary of State for Home Department ex parte Gangadeen Admn 15-Nov-1996
The Court should not intervene in a minister’s decision in application of his own policy unless he disregarded it, or the decision was inherently irrational. . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .

Cited by:
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 16 January 2022; Ref: scu.553308

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 costs of a child’s education. Any consequences of a failure to keep a promise must remain political, not legal ones. The Court commented that abuse ‘informs all three categories of legitimate expectation case as they have been expounded by this court.’ By the time of the decision, the Secretary of State was bound by the policy statement only, and not by pre-election promises, or a mistaken letter. Though the policy gave rise to some anomalies, it was not irrational. There was no enforceable obligation on the respondent under human rights law to provide financial support for any particular from of education.
Laws LJ said: ‘abuse of power has become, or is fast becoming, the root concept which governs and conditions our general principles of public law’. As to this case: ‘If there has been an abuse of power, I would grant appropriate relief unless an overriding public interest is shown, and none to my mind has been demonstrated. But the real question in the case is whether there has been an abuse of power at all. The government’s policy was misrepresented through incompetence. It is not in truth a change of policy at all.’ He described ‘a sliding scale of review, more or less intrusive according to the nature and gravity of what is at stake.’
and ‘I have no difficulty with the proposition that in cases where Government has made known how it intends to exercise powers which affect the public at large it may be held to its word irrespective of whether the applicant had been relying specifically upon it. The legitimate expectation in such a case is that the Government will behave towards its citizens as it says it will.’
Peter Gibson LJ said: ‘In my judgment it would be wrong to understate the significance of reliance in this area of the law. It is very much the exception, rather than the rule, that detrimental reliance will not be present when the Court finds unfairness in the defeating of a legitimate expectation.’
Sedley LJ said that there were ‘cogent objections to the operation of undisclosed policies affecting individuals’ entitlements or expectations’ and that they had no difficulty in accepting this as (no more than) a statement ‘of good administrative practice’.

Laws LJ, Peter Gibson LJ, Sedley LJ
Times 14-Sep-1999, Gazette 15-Sep-1999, [1999] EWCA Civ 2100, [2000] 1 WLR 1115, [2000] Ed CR 140, [2000] ELR 445
Bailii
European Convention on Human Rights 2
England and Wales
Citing:
Cited – Regina v Liverpool Corporation ex parte Liverpool Taxi Fleet Operators Association CA 1972
A number of taxi cab owners challenged a decision of the Council to increase the numbers of hackney cabs operating in the city. At a public meeting with the council prior to the decision, the chairman had given a public undertaking that the numbers . .
Cited – Attorney General of Hong Kong v Ng Yuen Shiu PC 21-Feb-1983
An illegal entrant into Hong Kong claimed that he was entitled by a legitimate expectation to a hearing before a deportation order might be made against him, there having been an announcement that persons in the respondent’s position would be . .
Cited – Bromley London Borough Council v Greater London Council HL 17-Dec-1981
Councillors’ Duties replace Election Promises
Bromley complained of a supplementary precept issued by the respondent to implement a commitment, contained in an election manifesto for the election in May 1979, upon which the majority on the GLC had been elected.
Held: In making choices of . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – 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 . .
Appeal from – Regina v Department for Education and Employment ex parte Begbie Admn 12-Jul-1999
The claimant had been given an assisted place. The support was withdrawn and she sought to hold the respondent to his promise to continue support after the scheme had ended for those already receiving help. . .
Cited – Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
Cited – X v United Kingdom ECHR 1978
(Commission) In the context of the second sentence of Article 2, ‘there is no positive obligation on the State in relation to the second sentence . . to subsidise any particular form of education in order to respect the religions and philosophical . .
Cited – Regina v Director of Public Prosecutions ex parte Kebilene etc Admn 30-Mar-1999
The applicants sought, by means of the Human Rights Act to challenge the way in which the decision had been made that they should be prosecuted under the 1989 Act, arguing that section 6(2) was inconsistent with the new Act.
Held: The Act . .
Cited – Regina v Cain 1976
Part of the duty of the Crown Prosecution service in deciding upon a prosecution is to avoid prosecutions which are oppressive as regards a defendant. . .
Cited – Regina v Manchester Crown Court and Ashton and Others, ex parte Director of Public Prosecutions HL 7-May-1993
A Crown Court decision to stay an indictment for lack of jurisdiction, was not susceptible to Judicial Review. This was a ‘decision affecting conduct of trial’. The House considered the meaning of the phrase ‘other than its jurisdiction in matters . .
Cited – C (A Minor) v Director of Public Prosecutions HL 17-Mar-1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside.
Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good . .
Cited – Regina v Bedwellty Justices Ex Parte Williams HL 18-Sep-1996
A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.
The . .
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 by:
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Cited – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – 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 . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Cited – EM (Lebanon) v Secretary of State for the Home Department HL 22-Oct-2008
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon.
Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but . .
Cited – Oxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
Cited – Azam and Co v Legal Services Commission ChD 5-May-2010
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its . .
Cited – Secretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Bubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Administrative, Education, Human Rights, Judicial Review

Leading Case

Updated: 16 January 2022; Ref: scu.147015

In Re Findlay, in re Hogben: HL 1985

A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person whose case falls within the scope of the policy is only entitled to have whatever policy is lawfully in place at the relevant time applied to him. A Secretary of State is entitled to change his policy.
It is proper for an authority to adopt a general policy for the exercise of such an administrative discretion, to allow for exceptions from it in ‘exceptional circumstances’ and to leave those circumstances undefined.
Scarman L said: ‘It is said that the refusal to except them from the new policy was an unlawful act on the part of the Secretary of State in that his decision frustrated their expectation. But what was their legitimate expectation? Given the substance and purpose of the legislative provisions . . the most that a convicted prisoner can legitimately expect is that his case will be examined individually in the light of whatever policy the Secretary of State sees fit to adopt provided always that the adopted policy is a lawful exercise of the discretion conferred upon him by the statute. Any other view would entail the conclusion that the unfettered discretion conferred by the statute upon the minister can in some cases be restricted so as to hamper or even to prevent, changes of policy.’ and ‘the Secretary of State has clearly to consider other aspects of the early release of a prisoner serving a sentence of imprisonment. Deterrence, retribution, and public confidence in the system are factors of importance. The Parole Board, through its judicial and other members, can offer advice on these aspects of the question. But neither the board nor the judiciary can be as close, or as sensitive, to public opinion as a minister responsible to Parliament and to the electorate. He has to judge the public acceptability of early release and to determine the policies needed to maintain public confidence in the system of criminal justice.’

Scarman, Diplock, Roskill, Brandon, Brightman LL
[1985] AC 318, [1984] 3 WLR 1159, [1984] 3 All ER 801
England and Wales
Citing:
Approved – CREEDNZ Inc v The Governor General 1981
(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly . .

Cited by:
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 – Flynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Hindley HL 30-Mar-2000
The prisoner, sentenced to life imprisonment with a whole life tariff for the murders of children, now appealed against the imposition of the whole life tarriff.
Held: The appeal failed. It was possible for a Home Secretary to set a whole life . .
Mentioned – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – North West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
Cited – Rogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
Cited – Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust CA 12-Apr-2006
The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin.
Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy . .
Cited – Lambeth London Borough Council v Ireneschild CA 16-Mar-2007
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Cited – Oxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
Cited – AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .
Cited – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 7-Feb-2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the . .
Cited – Cross, Regina (on the Application of) v Governor HM Young Offenders Institute Thorn Cross Admn 20-Jan-2004
The claimant prisoner challenged the governor’s refusal to release him on the home detention curfew scheme. Henriques J said: ‘no risk assessment is necessary in cases where a prisoner has committed a presumed unsuitable offence. It is only if there . .
Cited – Young, Regina (on The Application of) v Governor of Her Majesty’s Prison Highdown and Another Admn 6-Apr-2011
The claimant complained that he had not been considered for early release on Home Detention Curfew because the policy refused to allow those convicted of knife crimes to be so considered, and: ‘the failure to include other offences in the list of . .
Cited – Monica, Regina (on The Application of) v Director of Public Prosecutions Admn 14-Dec-2018
Deception as to identity did not undermine consent
The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape.
Held: Her claim failed. Case . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Administrative, Prisons

Updated: 16 January 2022; Ref: scu.187440

Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008

The appellants each challenged alterations to the scheme for compensation of the victims of miscarriages of justice.
Held: Laws LJ emphasised the special nature of the promise or practice which was necessary to give rise to a substantive legitimate expectation, saying: ‘Authority shows that where a substantive expectation is to run the promise or practice which is its genesis is not merely a reflection of the ordinary fact (as I have put it) that a policy with no terminal date or terminating event will continue in effect until rational grounds for its cessation arise. Rather it must constitute a specific undertaking, directed at a particular individual or group, by which the relevant policy’s continuance is assured. Lord Templeman in Preston referred (866 – 867) to ‘conduct [in that case, of the Commissioners of Inland Revenue] equivalent to a breach of contract or breach of representations’.’

Lord Clarke of Stone-cum-Ebony MR, Laws, Sedley LJJ
[2008] EWCA Civ 755
Bailii
Criminal Justice Act 1988 133
England and Wales
Citing:
Appeal from – Regina ex parte Bhatt Murphy and Others v The Independent Assessor Admn 26-Jun-2007
The claimants sought judicial review of changes to the schemes for the compensation for victims of miscarriages of justce.
Held: The application was refused.
May LJ discussed the Code of Practice, saying: ‘The Introduction states that the . .

Cited by:
Cited – Badger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Cited – Whitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice Admn 2-Oct-2014
The claimants challenged the selection by the defendant of victims of meselothemia as a group were excluded from entitlement to the recovery of success fees and insurance premiums paid by successful claimants from unsuccessful defendants.
Cited – British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 5-Jun-2019
Abortion Time Limit statement was correct.
The Court considered ‘ the correct interpretation of the words, ‘the pregnancy has not exceeded its twenty-fourth week’ in s.1(1)(a) of the Abortion Act 1967 ‘ The guidance was challenged as the calculations. The date of the beginning of the . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative

Leading Case

Updated: 16 January 2022; Ref: scu.536300

Regina v Secretary of State for Home Department and Governor of Her Majesty’s Prison Risley ex parte Hargreaves, Briggs and Green: CA 20 Nov 1996

No sufficient expectation which could form the basis of a judicial review arose from an agreement for prison home leave which was later denied. The only legitimate expectation of the prisoners was to have their applications individually considered in light of whatever policy was in force at the time.

Hirst LJ
Times 03-Dec-1996, Gazette 05-Feb-1997, [1996] EWCA Civ 1006, [1997] 1 WLR 906
Bailii
England and Wales
Cited by:
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Prisons, Criminal Practice, Administrative

Updated: 16 January 2022; Ref: scu.140873

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 in need of only ‘general’ rather than ‘specialist’ nursing services and that these should be purchased by the local authority rather than provided by the NHS. So the health authority decided to close the home and transfer their long-term care to the local authority.
The need for nursing care for a chronically sick person might be primarily a health or a social services need, and either a health authority or a social service authority might be responsible for the care provision, and if the local authority is responsible, then a charge might be made. However where the need of a patient was primarily for health care as such, it was wrong for the health authority to seek to transfer responsibility to the local authority.
The court set out three categories of legitimate expectation, including substantive entitlement, and procedural unfairness.
Lord Woolf MR said: ‘To be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken . . It has to be remembered that consultation is not litigation: the consulting authority is not required to publicise every submission it receives or (absent some statutory obligation) to disclose all its advice. Its obligation is to let those who have a potential interest in the subject matter know in clear terms what the proposal is and exactly why it is under positive consideration, telling them enough (which may be a good deal) to enable them to make an intelligent response. The obligation, although it may be quite onerous, goes no further than this.’
Lord Woolf discussed the doctrine of legitimate expectation, saying: ‘the doctrine of legitimate expectation has emerged as a distinct application of the doctrine of abuse of power’, and ‘Legitimate expectation may play different parts in different aspects of public law. The limits to its role have yet to be finally determined by the courts . . And without injury to the Wednesbury doctrine it may furnish a proper basis for the application of the now established concept of abuse of power . . Once it is recognised that conduct which is an abuse of power is contrary to law its existence must be for the court to determine.’ and ‘it is for the court to say whether the consequent frustration of the individual’s expectation is so unfair as to be a misuse of the authority’s power.’
and ‘Where the court considers that a lawful promise or practice has induced a legitimate expectation of a benefit which is substantive, not simply procedural, authority now establishes that . . the court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is established, the court will have the task of weighing the requirements of fairness against any overriding interest relied upon for the change of policy.’

Lord Woolf MR
Times 20-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1870, [1999] EWCA Civ 1871, [2001] 1 QB 213, [1999] Lloyds LR 305, (2000) 51 BMLR 1, (1999) 2 CCL Rep 285, [2000] 3 All ER 850, (2000) 2 LGLR 1, [1999] BLGR 703, [2000] 2 WLR 622, [1999] Lloyd’s Rep Med 306
Bailii, Bailii
National Health Service Act 1977
England and Wales
Citing:
Appeal from – Regina v North and East Devon Health Authority ex parte Coughlan Admn 11-Dec-1998
There had been no transfer to Social Service Authorities of the Health Services’ statutory duty to provide specialist nursing and related care to the elderly, and having made a promise to provide a home for life, the Health Authority would be held . .
Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Cited – Regina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .

Cited by:
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Sporting Options Plc, Regina (on the Application Of) v Horserace Betting Levy Board Admn 31-Jul-2003
The claimant sought judicial review of the rate of levy set by the respondent, saying that they operated a new kind of system which was treated unfairly.
Held: The procedure followed in settling the levy was unsatisfactory. The claimant would . .
Cited – I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party) Admn 21-Jul-2003
The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to . .
Cited – Watts, Regina (on the Application of) v Bedford Primary Care Trust and others Admn 1-Oct-2003
The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced . .
Cited – North West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
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 – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Capenhurst and Others, Regina (on the Application Of) v Leicester City Council Admn 15-Sep-2004
The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair.
Held: Even if it was not bound to consult, if the authority . .
Cited – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Hindley HL 30-Mar-2000
The prisoner, sentenced to life imprisonment with a whole life tariff for the murders of children, now appealed against the imposition of the whole life tarriff.
Held: The appeal failed. It was possible for a Home Secretary to set a whole life . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Grogan, Regina (on the Application of) v Bexley NHS Care Trust and others Admn 25-Jan-2006
The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care.
Cited – Rogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
Cited – 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 . .
Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Cited – Edwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Cited – Green, Regina (on the Application of) v South West Strategic Health Authority Admn 28-Oct-2008
The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines.
Held: In . .
Cited – Oxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
Cited – 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 . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Cited – Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
Cited – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 11-Jun-2013
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his . .
Cited – Badger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Cited – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Health, Local Government, Administrative

Leading Case

Updated: 16 January 2022; Ref: scu.146786

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 conditions for relying upon any such representation were fulfilled; and if holding the Inland Revenue to the representation did not prevent it from exercising its statutory duties.
Fairness was a well-established ingredient of the notion of legitimate expectation. A claim to a legitimate expectation can be based only upon a promise which is ‘clear, unambiguous and devoid of relevant qualification.’ and ‘In so stating these requirements I do not, I hope, diminish or emasculate the valuable, developing doctrine of legitimate expectation. If a public authority so conducts itself as to create a legitimate expectation that a certain course will be followed it would often be unfair if the authority were permitted to follow a different course to the detriment of one who entertained the expectation, particularly if he acted on it. If in private law a body would be in breach of contract in so acting or estopped from so acting a public authority should generally be in no better position. The doctrine of legitimate expectation is rooted in fairness. But fairness is not a one-way street. It imports the notion of equitableness, of fair and open dealing, to which the authority is as much entitled as the citizen.’
The court will only interfere in a decision if the respondents have exercised their discretion unreasonably and in considering that question, the respondents’ judgment is not to be lightly cast aside.

Bingham LJ
[1990] 1 WLR 1545, [1990] 1 All ER 91
England and Wales
Citing:
Appeal from – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd 1989
The taxpayer complained of a change in Inland Revenue practice which, it said, went against a legitimate expectation created by the scheme.
Held: Judge J said: ‘There is a detailed procedure for resolving disputes between the Inland Revenue . .

Cited by:
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Churchhouse, Regina (on the Application of) v Inland Revenue Admn 4-Apr-2003
The taxpayer was a revenue informer one whose trade is described by Coke as ‘viperous vermin [who] under the reverend mantle of law and justice instituted for protection of the innocent, and the good of the Commonwealth, did vexe and depauperize the . .
Affirmed – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Cited – London Borough of Hillingdon and Others, Regina (on the Application of) v The Lord Chancellor and others Admn 6-Nov-2008
The claimant challenged the substantial increase in court fees in public law children cases in the Fees Orders. The respondent said that the orders were intended to reflect the true costs of such proceedings and that funding had been provided to . .
Cited – Oxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
Cited – 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 . .
Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
Cited – Badger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
Cited – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) SC 29-Jun-2016
Undisclosed Matter inadequate to revisit decision
The claimant sought to have set aside a decision of the House of Lords as to the validity of the 2004 Order, saying that it had been based on a failure by the defendant properly to disclose matters it was under a duty of candour to disclose.
Cited – JJ Management Consulting Llp and Others v Revenue and Customs CA 22-Jun-2020
HMRC has power to conduct informal investigation
The taxpayer, resident here, but with substantial oversea business interests, challenged the conduct of an informal investigation of his businesses under the 2005 Act, saying that HMRC, as a creature of statute, are only permitted to do that which . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Natural Justice, Administrative

Leading Case

Updated: 16 January 2022; Ref: scu.183656

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature

The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before an impartial tribunal. Some decisions are properly taken by ministers administratively and they are answerable to elected bodies. Also there existed in many circumstances additional power to take such decisions was subject to judicial review by the courts.
The test of whether there is sufficient judicial control is not a mechanical one, but a test which varies according to the circumstances.
An interference with a claimant’s use of property as opposed to his ownership, will not usually give right to an order for compensation.
In the absence of some special circumstances the court should follow any clear and constant jurisprudence of the European Court of Human Rights.
Lord Hoffmann said: ‘The House is not bound by the decisions of the European Court and, if I thought that the Divisional Court was right to hold that they compelled a conclusion fundamentally at odds with the distribution of powers under the British constitution, I would have considerable doubt as to whether they should be followed’
Lord Hoffmann described departmental decision-making processes: ‘These contain, on the one hand, elaborate precautions to ensure that the decision-maker does not take into account any factual matters which have not been found by the inspector at the inquiry or put to the parties and, on the other hand, free communication within the department on questions of law and policy, with a view to preparing a recommendation for submission to the Secretary of State or one of the junior ministers to whom he has delegated the decision.’ but ‘the process of consultation within the department is simply the Secretary of State advising himself’.
Lord Hoffmann explained that ‘in a democratic country, decisions as to what the general interest requires are made by democratically elected bodies or persons accountable to them’, and that such a decision ‘is not a judicial or quasi-judicial act’, but is ‘the exercise of a power delegated by the people as a whole to decide what the public interest requires’.

Lord Slynn of Hadley Lord Nolan Lord Hoffmann Lord Hutton Lord Clyde
Times 10-May-2001, Gazette 14-Jun-2001, [2001] 2 AC 295, [2001] 2 WLR 1389, [2001] 2 All ER 929, [2001] UKHL 23
Bailii, House of Lords
Human Rights Act 1998, Town and Country Planning Act 1990, European Convention on Human Rights
England and Wales
Citing:
Appeal from – Regina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc Admn 13-Dec-2000
The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 . .
Explained – Bushell v Secretary of State for the Environment HL 7-Feb-1980
Practical Realities of Planning Decisions
The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the . .
Cited – Ringeisen v Austria ECHR 16-Jul-1971
The Austrian District and Regional Real Property Transactions Commission refused to approve the sale of a number of plots of land. The applicant challenged the refusal alleging bias and contending that his article 6 rights were violated for that . .
Cited – Golder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
Cited – County Properties Limited v The Scottish Ministers OHCS 25-Jul-2000
The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal . .
Cited – Kaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .
Cited – ISKCON v United Kingdom ECHR 8-Mar-1994
(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an . .
Cited – Le Compte, Van Leuven And De Meyere v Belgium ECHR 18-Oct-1982
Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the . .
Cited – Albert And Le Compte v Belgium ECHR 10-Feb-1983
. .
Cited – Fredin v Sweden ECHR 18-Feb-1991
A gravel pit licence was revoked without compensation pursuant to legislation brought in after the owner had acquired the pit but before it had begun to exploit it. The actual revocation took place after the pit had been exploited for a number of . .
Cited – Allan Jacobsson v Sweden ECHR 25-Oct-1989
‘According to the Court’s case law, this provision comprises three distinct rules. The first rule, set out in the first sentence of the first paragraph, is of a general nature and enunciates the principle of peaceful enjoyment of property; the . .
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 – Chapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
Cited – Regina v Secretary of State for Home Department ex parte Turgut CA 28-Jan-2000
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European . .
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Regina v Criminal Injuries Compensation Board Ex Parte A HL 11-Mar-1999
A police doctor’s statement in a contemporary medical report that her findings were consistent with the claimant’s allegation had not been included in the evidence before the CICB when it rejected her claim for compensation.
Held: The decision . .
Cited – Bryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
Cited – Ashbridge Investments Ltd v Minister of Housing and Local Government CA 1965
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
Held: The court can interfere if the decision maker has taken into account a . .
Cited – Howard v United Kingdom ECHR 16-Jul-1987
. .
Cited – Sporrong and Lonnroth v Sweden ECHR 23-Sep-1982
Balance of Interests in peaceful enjoyment claim
(Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years.
Held: Article 1 comprises three distinct . .
Cited – Konig v Federal Republic of Germany ECHR 28-Jun-1978
The reasonableness of the duration of proceedings must be assessed according to the circumstances of each case, including its complexity, the applicant’s conduct and the manner in which the administrative and judicial authorities dealt with the . .
Cited – Secretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
Cited – Stringer v Ministry of Housing and Local Government 1970
The material considerations to be allowed for by the local authority in exercising its planning functions are considerations of a planning nature, ‘all considerations relating to the use and development of land are considerations which may, in a . .
Cited – Benthem v The Netherlands ECHR 23-Oct-1985
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient . .
Cited – Zander v Sweden ECHR 25-Nov-1993
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Cited – Skarby v Sweden ECHR 28-Jun-1990
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Cited – Pudas v Sweden ECHR 27-Oct-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses . .
Cited – Tre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
Cited – Boden v Sweden ECHR 27-Oct-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings . .
Cited – Francis v Yiewsley and West Drayton Urban District Council 1958
The claimant was said to have failed to comply with an enforcement notice.
Held: A person prosecuted for failure to discontinue a use in accordance with an enforcement notice could challenge the validity of the notice before the criminal court . .
Cited – X v United Kingdom ECHR 1998
The Commission held that a compulsory purchase order affected the applicant’s private rights of ownership, that these were ‘civil rights’, and that in challenging the making of the order she was entitled to the protection of article 6(1). . .
Cited – Moreira De Azevedo v Portugal ECHR 28-Aug-1991
Held: Article 6(1) applied where the applicant had joined as an assistant in criminal proceedings with a view to securing financial reparation for injuries which he claimed he had suffered at the hands of the accused but had not filed any claim in . .
Cited – Regina v Wicks HL 21-May-1997
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken.
Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not . .
Cited – Zumtobel v Austria ECHR 21-Sep-1993
The Zumtobel partnership objected to the compulsory purchase of their farming land to build the L52 by-pass road in the Austrian Vorarlberg. The appropriate Government committee heard their objections but confirmed the order. They appealed to an . .

Cited by:
Cited – Regina (on the Application of Bibi) v Rochdale Metropolitan Borough Council Housing Benefit Review Board Admn 27-Nov-2001
The respondent board had refused to pay housing benefit on the basis that the claimant’s tenancy was not run on a commercial basis. She asserted that they had not given her a fair opportunity to be heard. New regulations had changed the treatment of . .
Cited – Adlard and Others, Regina (on the Application of) v Fulham Stadium Ltd CA 17-May-2002
The landowners sought permission to redevelop their football stadium. The authority were minded to grant the permission, and after an enquiry, permission was granted, but in the meantime another permission was proposed for a larger stadium. This was . .
Cited – Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another Admn 17-Dec-2001
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The . .
Cited – The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
Cited – Clark (Procurator Fiscal, Kirkcaldy) v Kelly PC 11-Feb-2003
PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence.
Held: The legal adviser was not subject to the same . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
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 (Kehoe) v Secretary of State for Work and Pensions QBD 16-May-2003
The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost.
Held: The statute debarred the . .
Cited – Carson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
Cited – Bushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others Admn 31-Jul-2003
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
Cited – Aggregate Industries UK Ltd, Regina (on the Application Of) v English Nature and and Another Admn 24-Apr-2002
The claimant challenged English Nature’s confirmation of a notice that their land was a site of special scientific interest. The land comprised some 600 acres in Hampshire which had planning permission for mineral extraction known as ‘Bramshill’. . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Whitmey, Regina (on the Application of) v the Commons Commissioners CA 21-Jul-2004
The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green.
Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons . .
Cited – Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
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 . .
Cited – Nunn, Regina (on the Application of) v First Secretary of State and others CA 8-Feb-2005
The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object.
Held: The applicant had been deprived of her right to make objection to . .
Cited – Meerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
Cited – Price and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
Cited – Skipaway Ltd v The Environment Agency Admn 5-May-2006
The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by . .
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
Cited – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
Cited – Heald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – G, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
Cited – Bank Mellat v HM Treasury QBD 11-Jun-2010
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of . .
Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Cited – Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
Cited – Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government CA 6-Feb-2013
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Cited – Suffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .
Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Planning, Human Rights, Administrative, Constitutional

Leading Case

Updated: 16 January 2022; Ref: scu.88606

JR55, Re Application for Judicial Review (Northern Ireland): SC 11 May 2016

The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what circumstances, the Complaints Commissioner has power to recommend the payment of a money sum to a complainant; and whether in the event that that sum is not paid he has power to make a special report drawing the attention of the legislature to that fact. The commissioner appealed from a decision that he did not have those powers.
Held: The appeal failed. Under article 9(3) of the 1996 Order, he may not carry out an investigation into any actions in respect of which the complainant has a remedy by way of proceedings in a court of law. This is, subject to article 9(4), a condition precedent to his jurisdiction.

Lord Neuberger, President, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson
[2016] UKSC 22, UKSC 2014/0094
Bailii, Bailii Summary, SC, SC Summary
The Parliamentary Commissioner Act (Northern Ireland) 1969, Commissioner for Complaints Act (Northern Ireland) 1969
Northern Ireland
Citing:
At CANI – JR55 v Northern Ireland Commissioner for Complaints CANI 28-Jan-2014
The GP challenges the power of the Commissioner to recommend the payment of the consolatory payment and he challenges the threatened exercise by the Commissioner of an asserted power to make a special report in relation to the matter to the Northern . .
Cited – Regina v Commissioner for Local Administration ex parte Croydon London Borough Council QBD 1989
Delay in application.
Held: The commissioner’s powers cannot depend upon whether the complaint is well founded. He could only act where a complainant did not otherwise have an action at law for a remedy.
As long as no prejudice is . .
Cited – Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 7-Feb-2008
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about . .

Lists of cited by and citing cases may be incomplete.

Administrative, Health Professions

Updated: 14 January 2022; Ref: scu.563293

Kingston Upon Hull City Council, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 8 Apr 2016

This case arises from a dispute about the lack of toilet and washing facilities at two fast food outlets in Hull. The City Council, the claimant (‘Hull’), is not happy about that. It believes the commercial operator of the outlets (the second interested party (‘Greggs’) should provide those sanitary facilities and that Hull is being wrongly prevented from exercising its power to require Greggs to provide them on pain of criminal proceedings.

Kerr J
[2016] EWHC 1064 (Admin)
Bailii
Regulatory Enforcement and Sanctions Act 2008

Consumer, Administrative

Updated: 14 January 2022; Ref: scu.563272

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female

The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s human rights.
Held: Mrs B, a trans-sexual female who had been born and registered as a male at birth, could not validly contract a marriage with another male. Trans-sexual people are to be distinguished from inter-sexual people. Society and the law had moved on since the case of Corbett, and the case of Goodwin had superceded the CA decision in this case. However, though the law needed to be changed, it was not for the House to do so. That would require wide ranging changes, involving matters which were quite outside the court’s powers. The court granted a declaration of incompatibility for section 11(c) but no more.
Lord Nicholls said: ‘It may also be that there are circumstances where maintaining an offending law in operation for a reasonable period pending enactment of corrective legislation is justifiable. An individual may not then be able, during the transitional period, to complain that his rights have been violated. The admissibility decision of the court in Walden v Liechtenstein (Application no 33916/96) (unreported) 16 March 2000 is an example of this pragmatic approach to the practicalities of government.’

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry
[2003] UKHL 21, Times 11-Apr-2003, [2003] 2 AC 467, [2003] 2 All ER 593, [2003] Fam Law 485, 14 BHRC 127, [2003] 2 WLR 1174, 72 BMLR 147, [2003] 2 FCR 1, [2003] HRLR 22, [2003] 1 FLR 1043, [2003] UKHRR 679, [2003] ACD 74
House of Lords, Bailii
Matrimonial Causes Act 1973 11(c), European Convention on Human Rights 8 12
England and Wales
Citing:
Appeal from – Bellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
Cited – W v W (Physical inter-sex) FD 31-Oct-2000
A party to a marriage had ambiguous physical characteristics. The respondent’s sex at birth was uncertain, and that the parents chose to register her as a boy. As a child and a young woman she dressed as, appeared as, and acted as female. At 17, she . .
Cited – Corbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .
Cited – Regina v Tan CA 1983
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble . .
Cited – S v S-T (Formerly J) CA 25-Nov-1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief.
Held: Ancillary . .
Cited – Rees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
Cited – Cossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
Cited – Sheffield and Horsham v The United Kingdom ECHR 30-Jul-1998
It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was . .
Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
Applied – Hyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .
At first instance – Bellinger v Bellinger FD 22-Nov-2000
The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the . .

Cited by:
Cited – Croft v Royal Mail Group Plc (formerly Consignia Group plc) CA 18-Jul-2003
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities.
Held: The 1975 Act provides for . .
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Cited – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Cited – Wilkinson v Kitzinger and Another FD 12-Apr-2006
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Cited – Smith v KD Scott, Electoral Registration Officer SCS 24-Jan-2007
The prisoner claimed that his right to vote had not been re-instated despite a year having passed since the European Court of Human Rights had found that the withdrawal of that right for prisoners was an infringement.
Held: It was not possible . .
Cited – In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
Cited – AB, Regina (On the Application of) v Secretary of State for Justice and Another Admn 4-Sep-2009
The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the . .
Cited – Regina (Chester) v Secretary of State for Justice and Another QBD 28-Oct-2009
The claimant a prisoner detained after the expiry of his lfe sentence tariff as dangerous, sought a declaration that the refusal to allow him to register as a voter in prison infringed his human rights.
Held: Such a claim had already succeeded . .
Cited – Timbrell v Secretary of State for Work and Pensions CA 22-Jun-2010
The claimant had undertaken male to female treatment including surgery and lived as a woman, though continuing to live with her wife. She sought payment of a pension at 60, but was refused. The regulations required a gender recognition certificate . .
Cited – Nicholas v Secretary of State for Defence CA 4-Feb-2015
The claimant wife of a Squadron Leader occupied a military house with her husband under a licence from the defendant. When the marriage broke down, he defendant gave her notice to leave. She now complained that the arrangement was discriminatory and . .
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 – Bala and Others, Regina v CACD 10-May-2016
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was . .
Cited – C, Regina (on The Application of) v Secretary of State for Work and Pensions SC 1-Nov-2017
This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition . .
Cited – Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .

Lists of cited by and citing cases may be incomplete.

Administrative, Family, Human Rights

Leading Case

Updated: 13 January 2022; Ref: scu.180697

Bellinger v Bellinger: CA 17 Jul 2001

Transgender Male may not marry as Female

Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the section had not previously been interpreted. The Corbett criteria remained applicable. The ability to marry is a matter of status, and is not for the parties alone. If this law is to be changed it must be for parliament to do so. (Lord Thorpe dissenting)

Butler-Sloss President, Thorpe LJ, Walker LJ
Times 15-Aug-2001, Gazette 31-Aug-2001, [2001] EWCA Civ 1140, [2002] 2 WLR 411, [2002] Fam 150
Bailii
Matrimonial Causes Act 1973 11(c)
England and Wales
Citing:
Cited – Corbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .
Appeal from – Bellinger v Bellinger FD 22-Nov-2000
The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the . .
Cited – Hyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .
Cited – Regina v Tan CA 1983
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble . .
Cited – S v S-T (Formerly J) CA 25-Nov-1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief.
Held: Ancillary . .
Cited – W v W (Physical inter-sex) FD 31-Oct-2000
A party to a marriage had ambiguous physical characteristics. The respondent’s sex at birth was uncertain, and that the parents chose to register her as a boy. As a child and a young woman she dressed as, appeared as, and acted as female. At 17, she . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .

Cited by:
Appeal from – Bellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Cited – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .

Lists of cited by and citing cases may be incomplete.

Family, Administrative

Updated: 13 January 2022; Ref: scu.147617

Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that should determine a person’s sex for the purpose of marriage. Any operative intervention should be ignored. The biological sexual constitution of an individual is fixed at birth, at the latest, and cannot be changed either by the natural development of organs of the opposite sex or by medical or surgical means. The marriage was void ab initio.
As to the difference between a declaration under RSC Ord.15, and a decree of nullity, Ormrod J observed: ‘The importance of this distinction is, of course, that on a decree of nullity, the court has the power to entertain an application for ancillary relief whereas if a declaration order is made, there is not such power.’ Since ecclesiastical courts did in fact grant declaratory sentences in cases of meretricious marriages, there was no discretion to withhold any decree of nullity. ‘[o]n the facts as I have found them to be, a matrimonial relationship between the petitioner and the respondent was a legal impossibility at all times and in all circumstances, whereas a marriage which is void on the grounds of bigamy, non-age or failure of third party consents, might, in other circumstances, have been a valid marriage.’ Sex is an essential determinant of marriage, because: ‘it is and always has been recognised as the union of man and woman.’
Ormrod J: ‘It is common ground between all the medical witnesses that the biological sexual constitution of an individual is fixed at birth (at the latest), and cannot be changed, either by the natural development of organs of the opposite sex, or by medical or surgical means. The respondent’s operation, therefore, cannot affect her true sex. The only cases where the term ‘change of sex’ is appropriate are those in which a mistake as to sex is made at birth and subsequently revealed by further medical investigation.’

Ormrod J
[1971] P 83
England and Wales
Citing:
Applied – Hyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .

Cited by:
Cited – Bellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
Cited – The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education EAT 2-Oct-2001
The Force appealed findings of sex discrimination against the respondent who had undergone gender reassignment. She required the fact of the procedure to be kept secret. The force refused her application for appointment since they said she would be . .
Cited – Bellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Applied – Regina v Tan CA 1983
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble . .
Applied reluctantly – S v S-T (Formerly J) CA 25-Nov-1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief.
Held: Ancillary . .
Cited – Rees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
Cited – Cossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
Cited – Sheffield and Horsham v The United Kingdom ECHR 30-Jul-1998
It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was . .
Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Cited – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Cited – J v C and E (a Child) (Void Marriage: Status of Children) CA 15-May-2006
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child.
Held: The . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Cited – Bellinger v Bellinger FD 22-Nov-2000
The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the . .
Cited – Hudson v Leigh FD 5-Jun-2009
The claimant sought a decree of divorce. The ceremony had been a religious one in Cape Town. They had intended it to be followed by a ceremony in a register office in England, but this did not happen. The pastor in south Africa said that he had . .
Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .

Lists of cited by and citing cases may be incomplete.

Family, Administrative

Updated: 13 January 2022; Ref: scu.180939

D4, Regina (on The Application of) v Secretary of State for The Home Department: Admn 30 Jul 2021

Whether statutory instrument used to deprive claimant of citizenship was ultra vires.

Chamberlain J
[2021] EWHC 2179 (Admin), [2021] WLR(D) 433
Bailii, WLRD
British Nationality Act 1981 40(2)(5) 41(1), British Nationality (General) Regulations 2003 10(4), British Nationality (General) (Amendment) Regulations 2018 3
England and Wales

Immigration, Administrative

Updated: 12 January 2022; Ref: scu.666441

Charles Cajetan Count Leslie, Leopoldus Count Leslie, Eldest Son, Anthony Leslie, Second Son, and Charles Count Leslie, Third Son, of The Said Count Charles Cajetan Leslie v Peter Leslie Grant, and His Curator, Ad Litem: HL 2 Feb 1763

Alien – Proof.-
A person, a natural born subject of England, had issue born abroad before the 7 Anne (Naturalization act), out of the ligeance of the King. This son had issue, Count Anthony Leslie, also born out of the ligeance of the King; Question of law submitted to the whole judges of England: Whether Anthony was capable of inheriting land estates in Scotland? Held unanimously, on full consideration of the statutes, that Anthony Count Leslie, was to be deemed an alien, and not capable to inherit such estate-That the statutes extended only to the children of a natural born subject of the first degree, and not to the grandchildren, and Anthony’s father not being a natural born subject of England, but an alien born abroad, before the passing of the 7 Anne, he could take no benefit.-Proof rejected in consequence of diet not being regularly intimated in terms of commission issued.

(1763) 2 Paton 68, [1763] UKHL 2 – Paton – 68
Bailii
Scotland

Administrative, Wills and Probate

Updated: 11 January 2022; Ref: scu.560592

Ewing v Crown Court Sitting at Cardiff and Newport and Others: Admn 8 Feb 2016

The court granted judicial review of a decision to prevent the applicant taking notes from the public gallery of the court. The general rule of openness must apply, and though particular exceptional circumstances might allow the making of such an order, no such circumstances applied in this case

Burnett LJ, Sweeney J
[2016] EWHC 183 (Admin), [2016] WLR(D) 62
Bailii, WLRD
England and Wales
Citing:
Leave – Kirk, Regina (on The Application of) v Cardiff Crown Court and Others Admn 21-Jan-2015
Leave to bring judicial review was granted of a decision by a judge to ban a member of the public taking notes of open court proceedings in contravention of a direct order from the judge. . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contempt of Court, Administrative

Updated: 10 January 2022; Ref: scu.559673

Kirk, Regina (on The Application of) v Cardiff Crown Court and Others: Admn 21 Jan 2015

Leave to bring judicial review was granted of a decision by a judge to ban a member of the public taking notes of open court proceedings in contravention of a direct order from the judge.

Gilbart J
[2015] EWHC 897 (Admin)
Bailii
England and Wales
Cited by:
Leave – Ewing v Crown Court Sitting at Cardiff and Newport and Others Admn 8-Feb-2016
The court granted judicial review of a decision to prevent the applicant taking notes from the public gallery of the court. The general rule of openness must apply, and though particular exceptional circumstances might allow the making of such an . .

Lists of cited by and citing cases may be incomplete.

Administrative, Litigation Practice

Updated: 10 January 2022; Ref: scu.559678

The Project Management Institute, Regina (on The Application of) v The Minister for The Cabinet Office and Others: CA 22 Jan 2016

Challenge to a decision by a committee of the Privy Council to recommend to The Queen in Council that a Royal Charter should be granted to the Association for Project Management.

[2016] WLR(D) 48, [2016] EWCA Civ 21
WLRD, Bailii
England and Wales

Judicial Review, Administrative

Updated: 09 January 2022; Ref: scu.559157

Speed Medical Examination Services Ltd v Secretary of State for Justice: Admn 11 Dec 2015

‘the claimant challenges the legality of part of the Government’s reforms to the process for handling soft tissue whiplash claims. The reforms include a requirement for personal injury solicitors to identify and instruct independent, accredited medical experts for the provision of initial medical reports via an online portal’

Cranston J
[2015] EWHC 3585 (Admin)
Bailii
England and Wales

Personal Injury, Administrative

Updated: 08 January 2022; Ref: scu.557155

The Commissioner of Police of The Metropolis, Regina (on The Application of) v The Independent Police Complaints Commission and Another: CA 10 Dec 2015

The court was asked a, namely whether, once the relevant police authority represented by the Commissioner of Police of the Metropolis has agreed to take no action against a police officer in a specific matter as recommended by an IPCC investigation, the IPCC is functus officio so as to be unable to review or re-open its investigation.

Gloster, Macur, Vos LJJ
[2015] EWCA Civ 1248
Bailii
England and Wales

Police, Administrative

Updated: 08 January 2022; Ref: scu.556786

Mulvenna and Smith v Secretary of State for Communities and Local Government and Another: Admn 4 Dec 2015

The court was asked: ‘what are the consequences for a decision which has been made on the back of an unlawful decision? In the case of these claimants from the Traveller and Gypsy community, the Secretary of State for Communities and Local Government (‘the Secretary of State’) made directions to recover (or call in) their planning appeals so that he could determine them himself. Their local planning authorities had refused to grant them planning permission to live on green belt land. The Secretary of State then made determinations in the case of both claimants, Ms Bernadette Mulvenna and Mr Elias Smith, dismissing their appeals.’

Cranston J
[2015] EWHC 3494 (Admin)
Bailii

Planning, Administrative

Updated: 07 January 2022; Ref: scu.556473

MM and GY and TY v Secretary of State for The Home Department: Admn 3 Dec 2015

The Claimants challenge by judicial review the refusal of the SSHD to grant them citizenship by naturalisation. They each satisfy the statutory requirements for naturalisation but the SSHD exercised her statutory discretion to refuse naturalisation because she wanted to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence.

Ouseley J
[2015] EWHC 3513 (Admin), [2015] WLR(D) 503
Bailii, WLRD

Administrative

Updated: 07 January 2022; Ref: scu.556472

Essex County Council v Secretary of State for Education: CA 14 Oct 2015

Renewed application for permission to apply for judicial review of a decision of the Secretary of State in which he refused retrospectively to permit carry forward of finance with one exception, the finance being required to initiate or to complete various projects for preschool or school buildings and facilities.

Sir Stanley Burnton
[2015] EWCA Civ 1237
Bailii
England and Wales

Administrative, Education

Updated: 07 January 2022; Ref: scu.556262

Sneddon, Regina (on The Application of) v Secretary of State for Justice: Admn 6 Nov 2015

The claimant had been convicted, and served a prison sentence. His victim later admitted lying and was himself convicted. The claimant’s convictions were quashed. He how sought review of the refusal of the defendant to pay compensation. The defendant had said that the test for a miscarriage of justice, that a ‘new fact’ had conclusively established his innocence had not been shown.
Held: The case failed: ‘this is a classic Category 3 case. The fresh evidence has reduced the strength of the case that led to the claimant’s conviction, but it does not diminish it to the point where there is no longer a significant case against him.’

Burnett LJ, Hickinbottom J
[2015] EWHC 3190 (Admin)
Bailii
Criminal Justice Act 1988 133

Administrative

Updated: 06 January 2022; Ref: scu.554573

Miller and Another v The Parliamentary and Health Service Ombudsman: Admn 22 Oct 2015

Claim for judicial review by two doctors of a report of the Parliamentary and Health Service Commissioner upholding a complaint made by a Mrs P about the medical treatment provided to her late husband, Mr P and found that, had he received appropriate care his subsequent death would probably have been avoided.

Lewsi J
[2015] EWHC 2981 (Admin)
Bailii
England and Wales

Health Professions, Administrative

Updated: 05 January 2022; Ref: scu.553787

Bondada, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Oct 2015

The court was asked whether the claimant, Ms Deelavathi Bondada, is a British citizen by descent.
Held: She was a British Citizen by descent. However: ‘the stance taken on behalf of the Home Secretary on other occasions during the period from early December 2012 onwards, and throughout these proceedings, is a stance which cannot be described as honourable. From early December 2012 onwards, both before and after the letter of 29 August 2013, untenable objections were taken to Deelavathi’s claim. The stance taken in those objections refused to engage with compelling DNA evidence. The result was that this stance effectively made an accusation that Deelavathi’s mother has lied about the parentage of her children for more than 60 years. At a very late stage in the present proceedings the Home Secretary accepted the DNA evidence. Nevertheless the stance taken on behalf of the Home Secretary when rejecting Deelavathi’s claim has, without a shred of evidence to support it, continued to make the same effective accusation. The conduct of the UK government in this regard has been grotesque.’

Walker J
[2015] EWHC 2661 (Admin)
Bailii

Administrative

Updated: 04 January 2022; Ref: scu.553492

Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014

Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under the 2006 Regulations.
Held: The suspension of implementation shold stay: ‘where there is a serious argument, on which the court will very soon be able to adjudicate, that the proposed arrangements for administering the TFC scheme are unlawful because of the failure to hold a tender, such detriment to the public interest as will result from the delay involved in resolving this issue cannot in my view justify bypassing the question of legality and allowing the scheme to be introduced in a potentially unlawful way.’

Leggatt J
[2014] EWHC 3555 (QB)
Bailii
Public Services Regulations 2006, Directive EU No. 2004/38
England and Wales
Cited by:
See Also – Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others QBD 22-Jan-2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the . .
At first instance (1) – Edenred (UK Group) Ltd v HM Treasury and Others CA 31-Mar-2015
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. . .
At first Instance (1) – Edenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Administrative, European

Updated: 04 January 2022; Ref: scu.553270

Orizzonte Salute: ECJ 6 Oct 2015

(Judgment) Reference for a preliminary ruling – Directive 89/665/EEC – Public procurement – National legislation – Fees for access to administrative proceedings in the field of public procurement – Right to an effective remedy – Dissuasive fees – Judicial review of administrative decisions – Principles of effectiveness and equivalence – Effectiveness

ECLI:EU:C:2015:655, [2015] EUECJ C-61/14
Bailii
European

Administrative

Updated: 04 January 2022; Ref: scu.553101

SF, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 30 Sep 2015

SF a national of St Lucia and who was born in1994, seeks to judicially review the decisions of the Secretary of State for Home Department made by its Competent Authority (‘the CA’) for the identification of victims of trafficking under the National Referral Mechanism which concluded that the Claimant was not a victim of trafficking.

Sir Stephen Silber
[2015] EWHC 2705 (Admin)
Bailii

Administrative

Updated: 04 January 2022; Ref: scu.552868

Italy v Commission: ECFI 24 Sep 2015

ECJ Judgment – Language regime – Notice of open competitions for the recruitment of administrators and assistants – Choice of the second language from three languages ??- Language of recruitment candidates – Regulation No 1 – Article 1d, paragraph 1, item 27 and Article 28 f) of the Statute – Principle of non-discrimination – Proportionality

T-124/13, [2015] EUECJ T-124/13, ECLI:EU:T:2015:690
Bailii
European

Administrative

Updated: 04 January 2022; Ref: scu.552748

Edenred (UK Group) Ltd and Another v HM Treasury and Others: SC 1 Jul 2015

Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Held: There had been an original tendering process and the new actions of the respondent could be seen to have been part of that process and therefore there was no need for a further tendering process. The appeal failed.

Lord Neuberger, President, Lord Mance,Lord Sumption, Lord Carnwath, Lord Hodge
[2015] UKSC 45, [2015] WLR(D) 284, [2015] PTSR 1088, UKSC 2015/0080, [2015] 3 CMLR 47, [2016] 1 All ER 763
Bailii, WLRD, Bailii Summary, SC, SC Summary
Public Services Regulations 2006, Directive EU No. 2004/38
England and Wales
Citing:
At first Instance (1) – Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others QBD 27-Oct-2014
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under . .
At first instance (2) – Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others QBD 22-Jan-2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the . .
Appeal from – Edenred (UK Group) Ltd v HM Treasury and Others CA 31-Mar-2015
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. . .
Cited – Commission v Italy C-385/02 ECJ 14-Sep-2004
Failure of a Member State to fulfil its obligations – Directive 93/37/EEC – Public works contracts – Negotiated procedure without prior publication of a contract notice . .
Cited – Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici ECJ 7-Oct-2004
Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender . .
Cited – Commission v Spain C-84/03 ECJ 13-Jan-2005
ECJ Law Relating To Undertakings – Failure to fulfil obligations – Directives 93/36/EEC and 93/37/EEC – Public contracts – Award procedure for public supply and public works contracts – Scope – Definition of . .

Lists of cited by and citing cases may be incomplete.

Administrative, European

Updated: 02 January 2022; Ref: scu.549906

Finucane, Re Judicial Review: QBNI 26 Jun 2015

Application by Geraldine Finucane for judicial review of the decision of the then Secretary of State for Northern Ireland to hold ‘a review into the death of Patrick Finucane (her husband) rather than a public inquiry of the kind recommended by Judge Peter Cory.’ The applicant challenged both (a) the decision of the SOSNI not to hold a public inquiry of that kind into his death and also (b) the decision to establish an independent review of the circumstances of his death.

[2015] NIQB 57
Bailii
Northern Ireland

Coroners, Administrative

Updated: 01 January 2022; Ref: scu.549492

Hallam, Regina (on The Application of) v Secretary of State for Justice: SC 30 Jan 2019

These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It was argued that the failure to make payment amounted to a denial of the right to the presumption of innocence.
Held: (Lord Reed DPSC and Lord Kerr of Tonaghmore JSC dissenting) Article 6(2) does not apply to section 133 claims for compensation.
The critical distinction between ‘innocence’ as used in article 6(2) and exoneration on the facts might in one sense be said to be a semantic one, but if so the Strasbourg court has emphasised time and again that language (ie semantics) is for it the critical test of breach of article 6(2). In reality it is not a mere semantic distinction but reflects a fundamental principle of the criminal law, namely the strict enhanced standard of proof. It is not possible for the law simultaneously to erect a differential and enhanced standard of proof for criminal prosecutions, and then effectively to apply that standard not just to criminal trials but to other (indeed maybe to all) other adjudications upon the facts which led to the prosecution. Neither the suggested test of ‘link’ nor the suggested test of language will work to determine the scope of article 6(2) in the face of this difficulty.
‘there will be many who are charged with or tried on criminal offences who are truly innocent but are unable to establish their innocence as a positive fact. That undeniable circumstance must form part of the backdrop to the proper approach to the application of article 6(2) of ECHR.’

Lady Hale, President, Lord Mance, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes, Lord Lloyd-Jones
[2019] UKSC 2, [2019] WLR(D) 63, [2020] AC 279, [2019] HRLR 5, [2019] 2 WLR 440, 47 BHRC 199, [2019] 2 All ER 841
Bailii, Bailii Summary, WLRD
International Covenant on Civil and Political Rights 1966 14(6), European Convention on Human Rights P7(3), Criminal Justice Act 1988, Human Rights Act 1998
England and Wales
Citing:
Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Appeal from – Hallam and Another, Regina (on The Applications of) v The Secretary of State for Justice CA 11-Apr-2016
The claimants had had their criminal convictions quashed, but had had claims for compensation rejected. They said that section 133(1ZA) of the 1988 Act (as amended) infringed their Human Rights by displacing the presumption of innocence.
Held: . .
See Also – Hallam, R v CACD 17-May-2012
The effect of fresh evidence was to make the conviction unsafe: ‘ . . the fresh evidence has not ‘demolished’ the prosecution case. But its effect on the safety of this conviction is substantial. We are clear in our view that if the jury had heard . .
Cited – Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice CA 15-Jul-2008
The claimant appealed against refusal of a review of the defendant to allow her compensation after her conviction for manslaughter of her infant son was quashed.
Held: The conviction had been based on flawed expert evidence.
Article 6(2) . .
Cited – Nealon and Another, Regina (on The Application) v The Secretary of State for Justice Admn 8-Jun-2015
Challenges to refusal of compensation for imprisonment after successful appeal against conviction. . .
Cited – Allen v United Kingdom ECHR 12-Jul-2013
The claimant had successfully appealed against her conviction for the manslaughter of her child, after expert evidence had been discredited. She now appealed against the refusal of compensation. She said that despite her acquittal, she had not been . .
Cited – Rex v Barron CCA 26-Mar-1914
To establish a plea of autrefois acquit it must be shewn either that the defendant had been previously acquitted of the same offence, or could have been convicted at the previous trial of the offence with which he is subsequently charged, or that . .
Cited – Gale and Another v Serious Organised Crime Agency SC 26-Oct-2011
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had . .
Cited – Regina v Mullins-Johnson 19-Oct-2007
(Court of Appeal for Ontario) The appellant had been convicted of murder of his 4 year old niece and served 12 years in prison. His conviction was based on expert evidence that the autopsy indicated that the young girl had been sexually abused and . .
Cited – Engel And Others v The Netherlands (1) ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .
Cited – Ashendon v United Kingdom ECHR 6-May-2008
. .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Lutz v Germany ECHR 25-Aug-1987
Only criminal charges attract the additional protections under article 6(2) and 6(3). Insofar as these provisions apply to ‘everyone charged with a criminal offence’ it is well established in the jurisprudence of the European Court of Human Rights . .
Cited – Englert v Germany ECHR 25-Aug-1987
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 6-2 . .
Cited – Nolkenbockhoff v Germany ECHR 25-Aug-1987
Hudoc Preliminary objection rejected (victim); No violation of Art. 6-2 . .
Cited – Sikic v Croatia ECHR 15-Jul-2010
. .
Cited – Sekanina v Austria ECHR 25-Aug-1993
The applicant was detained on remand for about a year on suspicion of murdering his wife. He was acquitted by a jury. He applied for compensation for costs incurred in his defence and pecuniary damage sustained during his detention under the . .
Cited – Moullet v France ECHR 13-Sep-2007
After an acquittal of criminal charges, it may still be legitimate to bring disciplinary proceedings or care proceedings under which a lesser standard of proof may be applied to the question of whether the defendant committed the conduct that had . .
Cited – Rushiti v Austria ECHR 21-Mar-2000
The right of every person under the Convention to be presumed innocent, includes the general rule that no suspicion regarding an accused’s innocence may be voiced after his acquittal: ‘In any case, the Court is not convinced by the Government’s . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – Ringvold v Norway ECHR 11-Feb-2003
The applicant had been tried for alleged sexual abuse of a minor, G, who in turn claimed civil compensation. He was acquitted and the claim for compensation dismissed. G appealed to the Supreme Court against the failure to award compensation. The . .
Cited – Muller v Germany ECHR 27-Mar-2014
ECHR Article 6-2
Presumption of innocence
Statement in expert report that applicant was guilty of criminal offence of which he had been acquitted: Article 6 – 2 applicable; no violation
Facts – . .
Cited – Orr v Norway ECHR 15-May-2008
The national High Court had dealt with the acquittal of the now complainant and the payment of compensation to the complainant in two clearly distinct parts of its judgment, but in several places highlighted that the standard of proof for civil . .
Cited – Capeau v Belgium ECHR 13-Jan-2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-2; Not necessary to examine Art. 14.
The accused had been investigated for suspected arson but discharged by the court on the grounds that . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Reeves v Norway ECHR 8-Jul-2004
The accused had been tried in the criminal courts for arson and the insurers who had paid out after the fire had been joined as civil parties to claim compensation from her. The standard of proof differed between the two decisions required. She was . .
Cited – Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department CA 17-May-1994
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Cited – Dicle And Sadak v Turkey ECHR 16-Jun-2015
. .
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Damages, Criminal Practice, Human Rights

Updated: 01 January 2022; Ref: scu.633292

JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev: ChD 5 Jun 2015

The purpose of this judgment is to set out my reasons for my decision (which I communicated to the parties on 25 May 2015) not to accede to the Defendant’s application (which I heard on short notice) for a variation of orders made for the retention of his passports in order to enable him to attend in person a court hearing in Paris on 28 to 29 May 2015 relating to proceedings commenced by him in France.

Hildyard J
[2015] EWHC 1586 (Ch)
Bailii
England and Wales

Administrative

Updated: 30 December 2021; Ref: scu.547576

Oboh and Others, Regina (on The Applications of) v Secretary of State for The Home Department: CA 21 May 2015

These linked appeals concern the lawfulness of a Home Office guidance document, ‘Requests for removal decisions’, as it applied prior to its withdrawal on 13 April 2015

[2015] EWCA Civ 514, [2015] INLR 633, [2015] Imm AR 1216
Bailii
England and Wales

Administrative, Immigration

Updated: 30 December 2021; Ref: scu.547013

Williams, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 11 May 2015

The court was asked: ‘ can the Secretary of State refuse a child’s application for British nationality in circumstances in which the child can satisfy all other requirements but, as a result of destitution, cannot pay the required fee?’

Hickinbottom J
[2015] EWHC 1268 (Admin)
Bailii

Administrative, Immigration

Updated: 30 December 2021; Ref: scu.546767

Youssef, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 23 Jul 2012

The claimant challenged having been listed as an associate of Al-Qaida, with the resulting freezing of assets and a travel ban.
Held: His request for judicial review failed.
Toulson LJ deprecated the ‘tendency on the part of lawyers . . to seek to use the ‘principle of legality’ as a developmental tool providing an additional ground of challenge in a case purely involving questions of common law, i.e. not a case where the defendant is seeking to justify his action by reference to a statutory power.’

Toulson LJ, Silber J
[2012] EWHC 2091 (Admin), [2013] 2 WLR 904, [2012] Lloyd’s Rep FC 702, [2012] ACD 110, [2013] 1 QB 906
Bailii
England and Wales
Citing:
See Also – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .

Cited by:
Appeal from – Youssef v Secretary of State for Foreign and Commonwealth Affairs CA 29-Oct-2013
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government.
Held: The Secretary of State . .
At first instance – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
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 . .

Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 30 December 2021; Ref: scu.463083

BF (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department: SC 30 Jul 2021

Standards to be applied by a court on judicial review of the contents of a policy
document or statement of practice issued by a public authority. I

Lord Reed (President), Lord Lloyd-Jones, Lord Briggs, Lord Sales, Lord Burnett
[2021] UKSC 38
Bailii, Bailii Summary, Bailii Issues and Facts
England and Wales
Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 30 December 2021; Ref: scu.666310

Rahman, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Apr 2015

The Claim Form seeks a declaration that the claimant is a British citizen by descent, and a mandatory order requiring the defendant to show cause why a passport should not be issued and/or to issue a British passport to the claimant.

Edis J
[2015] EWHC 1146 (Admin)
Bailii

Administrative

Updated: 29 December 2021; Ref: scu.546159

Edenred (UK Group) Ltd v HM Treasury and Others: CA 31 Mar 2015

The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care.

Etherton Ch, Underhill, King LJJ
[2015] EWCA Civ 326
Bailii
Public Services Regulations 2006, Directive EU No 2004/38
England and Wales
Citing:
At first instance (1) – Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others QBD 27-Oct-2014
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under . .
Appeal from – Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others QBD 22-Jan-2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the . .

Cited by:
Appeal from – Edenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
European, Administrative

Updated: 29 December 2021; Ref: scu.544994

Oyeyi-Effiong and Campbell, Regina (on the Application of) v The Bridge NDC Seven Sisters Partnership and Another: Admn 22 Mar 2007

The claimants challenged their removal from a ‘New Deals for Communities’ partnership association. Complaints had been made about manipulative behaviour at meetings in breach of a code of conduct.
Held: A proposal had been made for an investigation of the complaints, but instead the Board had proceeded directly to go to a meeting at which a vote was to be taken. The decision had been procedurally unfair, in that insufficient details were provided of the complaints. They had not been informed in advance of the form the meeting would take: ‘In view of the importance of the outcome of the investigation – namely the possible removal of elected members from a body entrusted with considerable public funds – all these questions should have been addressed beforehand, and the procedure to be adopted made known to the claimants. ‘ Though the Board had power to remove the applicants, the procedure followed was flawed. The decisions were quashed.

Keith J
[2007] EWHC 606 (Admin)
Bailii
England and Wales
Cited by:
Cited – Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others Admn 8-Oct-2009
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and . .

Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review

Updated: 28 December 2021; Ref: scu.250480

KA, Re Judicial Review: QBNI 11 Jul 2014

Application for leave to bring judicial review of three decisions of the Parades’ Commission for Northern Ireland whereby it determined to impose conditions upon virtually identical intended parades by three Orange Lodges on the early evening of Saturday 12 July 2014. The only condition to which objection is taken is that: ‘On the notified return the parade shall not process between the junction of Woodvale Parade and Woodvale Road and the junction of Hesketh Road and Crumlin Road.’

Weir J
[2014] NIQB 108
Bailii

Northern Ireland, Administrative

Updated: 27 December 2021; Ref: scu.542784

Sebry v Companies House and Another: QBD 26 Jan 2015

The claimant sought damages in negligence and breach of statutory duty, saying that a failure by the defendants to maintain the correctness of its registers led to losses causing the insolvency of his company. The defendant had filed a note of a winding up order against the wrong (but similarly named) company.
Held: ‘the Registrar owes a duty of care when entering a winding up order on the Register to take reasonable care to ensure that the Order is not registered against the wrong company. That duty is owed to any Company which is not in liquidation but which is wrongly recorded on the Register as having been wound up by order of the court. The duty extends to taking reasonable care to enter the Order on the record of the Company named in the Order, and not any other company. It does not extend to checking information supplied by third parties. It extends only to entering that information accurately on the Register.’

Edis J
[2015] EWHC 115 (QB), [2016] 1 WLR 2499, [2015] 4 All ER 681, [2015] BCC 236, [2015] 1 BCLC 670
Bailii
Companies Act 2006 108
England and Wales

Administrative, Negligence

Updated: 27 December 2021; Ref: scu.541767

Edenred (UK Group) Ltd v Her Majesty’s Treasury and Others: QBD 22 Jan 2015

The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the National Savngs and Investments.
Held: The MoU between HMRC and NSandI is not a ‘public services contract’ within the 2006 Regulations. Intra-government arrangements are not about competition with the private sector but about government organising itself in an efficient manner to ensure that public money is well spent. A memorandum of understanding which specifies in detail the services to be provided when one department procures the services of another department is not a contract but sets out what services those who are accountable to Parliament for the expenditure of public money can expect to receive in return for the charges levied on them by the provider of the services and what those charges are.
Even if NSandI and HMRC could contract with each other, in the light of paragraph 3.1 of the MoU, specifying that the MoU is not legally binding on the parties and does not contain representations on which either party may rely, they have not done so.

Andrews DBE J
[2015] EWHC 90 (QB)
Bailii
Public Services Regulations 2006, Directive EU No. 2004/38
England and Wales
Citing:
See Also – Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others QBD 27-Oct-2014
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under . .
Cited – Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici ECJ 7-Oct-2004
Approximation Of Laws – Directive 93/37/EEC – Public works contracts – Award of contracts – Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender . .

Cited by:
Appeal from – Edenred (UK Group) Ltd v HM Treasury and Others CA 31-Mar-2015
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. . .
At first instance (2) – Edenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
Administrative, European

Updated: 27 December 2021; Ref: scu.541727

Dominus Rex v Viscount Purbeck: HL 1677

Upon a Petition, the Question was in the House of Lords, Whether the Dignity of a Viscount could be surrendered to the King by a Fine? And it was argued at the Bar by three Counsel for the Petitioner, and by the Attorney General for the King. It was urged on behalf of the Petitioner, That a Dignity cannot be surrendered to the Crown.

[1677] EngR 22, [1677] Shower PC 1, (1677) 1 ER 1
Commonlii
England and Wales

Administrative

Updated: 27 December 2021; Ref: scu.402842

Club Hotel Loutraki Ae and Othrs v Commission: ECFI 8 Jan 2015

ECJ State aid – Operation of Video Lottery Terminals – Grant by the Hellenic Republic of an exclusive licence – Decision finding no State aid – Failure to initiate the formal investigation procedure – Serious difficulties – Procedural rights of the interested parties – Obligation to state reasons – Right to effective judicial protection – Advantage – Joint assessment of the notified measures

T-58/13, [2015] EUECJ T-58/13
Bailii
European

Litigation Practice, Administrative

Updated: 24 December 2021; Ref: scu.540503

Euro-Link Consultants And European Profiles v Commission: ECFI 2 Oct 2014

ECFI (Judgment) Public service contracts – Tender procedure – Crimean tourism diversification and support project – Rejection of the applicants’ tender – Action for annulment – Measure not amenable to review – Confirmatory measure – Partial inadmissibility – Obligation to state reasons – Award criteria – Manifest error of assessment – Misuse of powers – Equal treatment

T-199/12, [2014] EUECJ T-199/12, ECLI:EU:T:2014:848
Bailii
European

Administrative

Updated: 22 December 2021; Ref: scu.537311

Sinclair Collis Ltd v Secretary of State for Health and Another: Admn 1 Dec 2010

Sir Anthony May P
[2010] EWHC 3112 (Admin), [2011] Eu LR 344, [2011] UKHRR 81, [2011] ACD 29
Bailii
Tobacco Advertising and Promotion Act 2002, Protection from Tobacco (Sales from Vending Machines) Regulations 2010, Health Act 2009 22 23
England and Wales
Cited by:
Appeal from – 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 . .

Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 20 December 2021; Ref: scu.427026

Patras v Commonwealth: 1966

(Supreme Court of Victoria) The court distinguished decisions which are judicial from those which are purely administrative: ‘The underlying principle of this form of estoppel is that parties who have had a dispute heard by a competent tribunal shall not be allowed to litigate the same issues in other tribunals. When the decision-making body is an administrative body not affording the opportunity of presenting evidence and argument . . there is no room for the operation of this principle . . It appears to me that both upon the general language of the authorities . . and upon . . principle . . no estoppel can arise from a decision of an administrative authority which cannot be classed either as ‘judicial’ or as a ‘tribunal’ and that an authority cannot be given to either of those classifications if it is one which is under no obligation to receive evidence or hear argument.’

Lush J
(1966) 9 FLR 152
Australia
Cited by:
Cited – Secretary of State for Education and Skills v Mairs Admn 25-May-2005
The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria . .

Lists of cited by and citing cases may be incomplete.

Administrative, Estoppel

Updated: 20 December 2021; Ref: scu.228499

Bland v Chief Supplementary Benefit Officer: CA 1983

(Orse R(SB) 12/83)) The commissioner refused had leave to appeal against a decision of the Supplementary Benefit Appeal Tribunal.
Held: No appeal lay to it against a decision of a Commissioner refusing leave to appeal from a decision of an appeal tribunal. Sir John Donaldson MR, referring to s. 14 of the Social Security Act 1980, said: ‘I would accept that in a sense the grant or refusal of leave to appeal to the Commissioner is a decision, just as in Ex parte Stevenson [1982] 1 QB, 609 it was accepted that the grant or refusal of leave to appeal was an order of the High Court, but it is not the kind of decision which, in my judgment, s.14 contemplate.’ and ‘If necessary, the applicant should seek judicial review’
Kerr LJ agreed that any remedy ‘can only be sought by means of judicial review and not by appeal to this court.’

Sir John Donaldson MR, Sir Sebag Shaw, Kerr LJ
[1983] 1 WLR 262, [1983] 1 All ER 537
England and Wales
Citing:
Appeal from – Bland v Chief Supplementary Benefit Officer SSCS 1-Dec-1982
Application for leave to appeal to the Court of Appeal against a ruling of the Social Security Commissioner. The tibunal was asked if the Court of Appeal any jurisdiction to give leave to appeal from the refusal of a Social Security Commissioner to . .

Cited by:
Cited – Roche v The United Kingdom ECHR 19-Oct-2005
(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the . .
Cited – Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal.
Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a . .

Lists of cited by and citing cases may be incomplete.

Administrative, Benefits

Updated: 20 December 2021; Ref: scu.235392

Gibb v Maidstone and Tunbridge Wells NHS Trust: CA 23 Jun 2010

Sedley LJ said: ‘It seems that the making of a public sacrifice to deflect press and public obloquy, which is what happened to the appellant, remains an accepted expedient of public administration in this country.’

Laws, Sedley, Rimer LJJ
[2010] EWCA Civ 678, [2010] IRLR 786
Bailii
England and Wales
Cited by:
Cited – Shoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 18 December 2021; Ref: scu.418431

Ipsea Ltd, Regina (on the Application of) v Secretary of State for Education and Schools: Admn 26 Mar 2002

IPSEA (a national charity active in supporting children with special educational needs) applied for judicial review in relation to the status of non-statutory guidance issued by the Secretary of State in a document called the ‘SEN Toolkit’. The court refused to grant a judicial review but gave useful guidance on how the guidance in the toolkit might be amended and clarified and the context in which it should be viewed i.e. as secondary to the statutes and statutory codes.

Mr Justice Newman
[2002] EWHC 504 (Admin)
Bailii
England and Wales

Education, Administrative

Updated: 18 December 2021; Ref: scu.168744

Regina v Secretary of State for Home Department ex parte Mehmet and O’Connor: Admn 9 Feb 1999

Prisoners challenged their detention within Close Supervision Centres, saying that fairness required they be told the reasons and be given the opportunity to make representations against the decision.
Held: Fairness did not require an opportunity to make representations to be given.
Turner J said: ‘In my judgment, the three cases of Wilson, Doody and Duggan . . make clear that the common law power to imply standards of procedural fairness into decision making processes, is a flexible one and will ordinarily only be exercised in cases in which the rights of an individual are under threat. In the further case of Lloyd . . it was not the liberty of the individual which was immediately at risk but the risk that a financial penalty might be imposed. In the prison cases referred to above, the problem which confronted the courts was how to identify and categorise the circumstances which had to exist before the common law was prepared to intervene. All three cases concerned the possible delay to release dates. Standards of procedural fairness were held to require that where the consequence of the decision would adversely affect release dates, so that the liberty of the individual was at risk, as by delay in release, an opportunity to be heard must be accorded to the individual who should also know what was the nature of the case against him so that he could make informed representation against it. It is not hard, now, to understand how the courts arrived at the conclusion that where either the liberty of the individual was at stake, or his financial position was involved, concepts of procedural fairness demanded that he was able to make informed representations why a course of action, which might impact on either aspect of a person’s rights, should not be adopted. As a result it is not difficult to recognise that in cases, where the liberty or the financial interests of an individual is likely to be adversely affected, the common law, in the field of public law at least, will ensure that the individual concerned will have the opportunity of being heard. The problem in this case comes down to the question whether or not the applicants can show that allocation to a CSC does indeed impinge on their right to freedom in the sense already indicated.
It was, in my judgment, correctly submitted that the mere fact of allocation does not adversely impact on the prospects of parole. In truth, as the respondent submitted, it was the prisoner’s conduct before and not as the result of allocation which was likely to be a factor which would affect the prospect of release on parole. It was pointed out that if the effect of allocation to a CSC was beneficial, in accordance with one of its stated purposes, then prospects of release were enhanced rather than damaged as the result of allocation. This observation is consistent with that part of the decision in Bowen which will be found at p22G-23C of the transcript. That this can be expected to be the position is confirmed in the affidavit of Mr Wheatley, paragraph 23.
In conclusion, I hold that allocation of a prisoner to a CSC does not so affect his personal rights that the common law will intervene by requiring that he should have been given by standards of procedural fairness the opportunity to make representations against his allocation.’

Turner J
[1999] EWHC Admin 123
Bailii
England and Wales
Cited by:
Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .

Lists of cited by and citing cases may be incomplete.

Prisons, Administrative

Updated: 18 December 2021; Ref: scu.139387

SIAC Construction v County Council of the County of Mayo: ECJ 18 Oct 2001

ECJ Public works contracts – Award to the most economically advantageous tender – Award criteria.
There was a disagreement between the parties as to the interpretation of tender documents.
Held: The award criteria must be formulated, in the contract documents or the contract notice, in such a way as to allow all reasonably well-informed and normally diligent tenderers to interpret them in the same way. The court stated: ‘Next, the principle of equal treatment implies an obligation of transparency in order to enable compliance with it to be verified.’

C-19/00, [2001] EUECJ C-19/00, [2001] ECR I-7725
Bailii
England and Wales
Citing:
Cited – Unitron Scandinavia and 3-S etc v Ministeriet for Fdevarer, Landbrug og Fiskeri ECJ 18-Nov-1999
ECJ Public supply contracts – Directive 93/36/EEC – Award of public supply contracts by a body other than a contracting authority . .

Cited by:
Cited – The Law Society, Regina (on the Application of) v Legal Services Commission CA 29-Nov-2007
The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement . .
Cited – Healthcare at Home Ltd v The Common Services Agency SC 30-Jul-2014
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered.
Held: When an . .

Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 11 December 2021; Ref: scu.166766

Miller v Law Society: ChD 14 May 2002

The claimant sought damages from the respondent for breach of their private duty of care to him. They had intervened in his practice. He alleged that the investigating accountant had been negligent in his actions.
Held: The Law Society owed the claimant no private duty of care. They acted in performing a statutory function, and the statute provided a remedy. That remedy was all that was available to the claimant. The accountant’s investigation was integral to the disciplinary process set down in the 1974 Act, and could lead either to intervention, or to proceedings before the tribunal. A private law action could not intrude into the exclusively public field of solicitors’ disciplinary processes.

Mr Geoffrey Vos, QC
Times 03-Jun-2002, Gazette 27-Jun-2002
Solicitors’ Accounting Rules 1991 27, Solicitors Act 1974
England and Wales

Legal Professions, Administrative

Updated: 11 December 2021; Ref: scu.172181

Jenkins v Gaisford, Re Jenkins (deceased)’s goods: ChD 1863

The testator had become infirm and unable to sign his name. He had made a stamp which reproduced his signature. He used it to execute his will. The will was challenged.
Held: The will had been validly executed. The requirement of the Act could be fulfilled by somebody else executing a document on the direction of the testator, and therefore was equally fulfilled in this case.

164 ER 1208
Wills Act 1837 9
England and Wales

Wills and Probate, Administrative

Updated: 11 December 2021; Ref: scu.174455

Lardner v Renfrew District Council: 1997

Rodger LP said that when construing the phrase ‘a person aggrieved’ it was necessary to have regard to the particular legislation involved, and the nature of the grounds on which the appellant claims to be aggrieved.

Lord President Rodger
1997 SC 104
Scotland
Cited by:
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .

Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 10 December 2021; Ref: scu.470547

Coulter v Independent Press Standards Organisation CIC (IPSO): Admn 27 Apr 2018

Claim for judicial review of decisions made by the Independent Press Standards Organisation (‘IPSO’). The claimant’s case is that IPSO mishandled his complaints that reports in The Times and The Sunday Times about a campaign meeting held at the House of Lords were inaccurate or misleading, or both.

Warby J
[2018] EWHC 1017 (Admin)
Bailii
England and Wales

Administrative, Media

Updated: 04 December 2021; Ref: scu.614957