Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though homeless, he was not in priority need, and his accommodation arrangement would be terminated. He was given time to challenge this in court. He obtained an interim injunction against being evicted without a court order. The council appealed, but Mr Manek did not.
Held: Anti-harassment provisions in the 1977 Act do not apply to temporary housing provided by the Local Authority through a third party. The court adopted a purposive approach to interpretation of the Act, but restricted the finding to the particular arrangements in this hostel.
Auld LJ reviewed the case law on evictions: ‘In my view, none of those cases, on their facts or holdings, are of assistance in this case. The question here is not simply whether the hotel room was ‘occupied’ by Mr Mohamed as his residence or dwelling, but whether the council licensed him to occupy it as a dwelling. And, even if, contrary to my view, the agreement between the council and Mr Mohamed was a licence, it was clearly tailored to the fulfilment by the council of their statutory duty to arrange temporary accommodation under section 63 or 65 of the 1985 Act, no more.
The provisions in Part III of the 1985 Act for housing the homeless were formerly in the Housing (Homeless Persons) Act 1977. In my view, the provisions of the other Act of 1977, the Protection from Eviction Act, cannot have been intended to apply to the temporary housing by or on behalf of councils of the homeless. Under Part III of the 1985 Act councils have a public duty to secure accommodation under section 63 or 65 for many people. It is in the interests of good public administration that they should not have to commit their limited resources to securing accommodation for persons to whom, after making due inquiries, they properly decide they have no duty, at the expense of others to whom they may have a duty. The threshold for the duty is a low one, ‘reason to believe that an applicant may be homeless and have a priority need’. The inquiries may take only a few days and result in a decision that a temporarily housed applicant is not in fact homeless or in priority need. A council’s ability efficiently to perform their public duty as a local housing authority could be seriously affected if the protection of the 1977 Act were automatically to attach to every temporarily housed unsuccessful applicant for housing just because he had been able to satisfy the low threshold under section 63 for investigation of his application.
In my view, as a matter of construction of section 3(2B) of the 1977 Act, the expression ‘occupied as a dwelling under a licence’ cannot apply to bed-and-breakfast accommodation of this sort, when, as here, it is provided pursuant to an agreement clearly intended as a purely temporary arrangement pending the making of inquiries under section 62. The council’s duty under section 63 is only to secure accommodation pending those inquiries and their decision as a result of them. It cannot have been the intention of Parliament that there should be grafted on to that public and temporary obligation an extension of it by at least four weeks drawn from another statute dealing with the private rights and duties of landlords (licensors) and tenants (licensees) as between themselves. Nor does it accord with the ordinary use of language to describe temporary accommodation in a hotel or hostel for this purpose as premises ‘occupied as a dwelling under a licence’. In my view, that is so whether the council provide the accommodation themselves or arrange it through some third party, subject in each case, however, to any contrary agreement. The agreement here was plainly not to the contrary. It bore all the marks of an arrangement for the purpose of section 63 only, and not, in Lord Greene’s words, ‘as a matter of fair and reasonable construction of simple words’ as premises occupied as a dwelling under a licence.’
Auld LJ: ‘If, despite the facts as I have summarised them, the council’s decision not to continue the arrangement at the Thames Hotel was a decision to discontinue securing temporary accommodation under section 63 of the 1985 Act, as distinct from an attempt to evict him without notice contrary to section 3 of the 1977 Act, it was a public law decision. It is not the decision that Mr Mohamed has sought to challenge in these proceedings. He could not do so, because, as a general rule, it is contrary to public policy and an abuse of process to allow proceedings by way of an ordinary action to challenge a decision affecting rights entitled to protection under public law. . . Nor is this a case where a private right has come into existence as a result of the council’s public law decision, so that ordinary civil proceedings may be taken to require them to discharge their executive, as distinct from their decision-making, function . . . Here the public law decision, if there was one, not to continue to secure temporary accommodation to Mr Mohamed did not confer on him any private right. It is the public law decision itself that Mr Mohamed seeks to challenge. The only way he can do that is to seek leave to apply for judicial review. Such a procedure, in its provision for interim relief, is capable of providing much longer tenure pending determination of a substantive application than the four weeks’ notice provided by the 1977 Act.’
Nourse LJ: ‘I rest my decision primarily on the simple proposition, derived from a purposive construction of both statutes, that accommodation made available for an applicant pursuant to section 63(1) of the Housing Act 1985 pending a decision as a result of the local housing authority’s inquiries under section 62 cannot, as a general rule, be premises let as a dwelling under a tenancy [or][1] premises occupied as a dwelling under a licence within section 3(1) and (2B) respectively of the Protection from Eviction Act 1977. The context and purpose of section 63(1) have been fully considered by Auld LJ and I agree with the views he has expressed. Moreover, it cannot be a purpose of the 1977 Act to give protection to persons whose entirely transient needs bring them within section 63(1). True, the general rule may be displaced by an agreement between an authority and an applicant such as had been entered into in Eastleigh Borough Council v. Walsh [1985] 1 W.L.R. 525, or perhaps if the applicant’s occupation is allowed to continue on a more than transient basis. But there was no such agreement or occupation here, nor anything else to take the case out of the general rule.
Judge Phelan, having referred to the judgment of Lord Denning M.R. in Luganda v. Service Hotels Ltd [1969] 2 Ch. 209 at 218-219, said that that case was from a long time ago and that here he was dealing with the rather different situation of the homeless in 1994. He added:
‘Certainly persons spending a few nights in a hotel normally have a dwelling elsewhere. This is not the situation of the homeless who have no dwelling. Where else would the Plaintiff be dwelling, even if for a very short time?’
Those observations suggest that the judge proceeded on an assumption that everyone must have a dwelling somewhere. In my view the 1977 Act makes no such assumption. Without some element of more than transient occupation, premises cannot properly be called a dwelling. Lord Denning’s observations are as valid now as they were in 1969. The two authorities relied on by the judge, Thurrock Urban District Council v. Shina (1972) 23 P. and C.R. 205 and Thrasyvoulou v. London Borough of Hackney (1986) 18 H.L.R. 370, are readily distinguishable.’
Auld LJ, said: ‘In my view, as a matter of construction of section 3(2B) of the 1977 Act, the expression ‘occupied as a dwelling under a licence’ cannot apply to bed-and -breakfast accommodation of this sort, when, as here, it is provided pursuant to an agreement clearly intended as a purely temporary arrangement pending the making of enquiries under section 62. The council’s duty under section 63 is only to secure accommodation pending those inquiries and their decision as a result of them. It cannot have been the intention of Parliament that there should be grafted on to that public and temporary obligation an extension of it by at least four weeks drawn from another statute dealing with the private rights and duties of landlords (licensors) and tenants (licensees) as between themselves. Nor does it accord with the ordinary use of language to describe the temporary accommodation in a hotel or hostel for this purpose as premises ‘occupied as a dwelling under a licence’. In my view, that is so whether the council provide the accommodation themselves or arrange it through some third party, subject in each case, however, to any contrary agreement. The agreement here was plainly not to the contrary. It bore all the marks of an arrangement for the purpose of section 63 only and not, in Lord Greene’s words, ‘as a matter of fair and reasonable construction of simple words’ as premises occupied as a dwelling under a licence.’
Nourse LJ pointed out that the general rule that accommodation made available for this temporary purpose was not to be considered a ‘dwelling’ under the 1977 Act might be displaced ‘if the applicant’s occupation is allowed to continue on a more than transient basis.’

Judges:

Auld, Henry and Nourse LJJ

Citations:

Times 28-Apr-1995, [1995] 27 HLR 439, (1995) 30 HLR 481

Statutes:

Protection from Eviction Act 1977 3

Jurisdiction:

England and Wales

Citing:

CitedCocks v Thanet District Council HL 25-Nov-1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. . .
CitedMohram Ali v Tower Hamlets London Borough Council CA 27-May-1992
A challenge to the exercise of homelessness duties by a local authority must be by way of Judicial Review. Nolan LJ: ‘It follows that in my judgment the public law duties of the council were not discharged until they had completed the process of . .

Cited by:

CitedBrennan v London Borough of Lambeth CA 3-Jun-1997
The appellant sought to resist his eviction from temporary hostel accomodation provided to him by the local authority, saying that the provisions of the 1977 Act protected him.
Held: The agreement was a licence excluded from protection by the . .
Not per incuriamDesnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
ConsideredRogerson v Wigan Metropolitan Borough Council 2005
The court considered both whether Mohamed v. Manek was still binding and whether the facts of the case were covered by the prior decision, having regard in particular to the emphasis on transience which emerges from the judgment of Nourse LJ. Heled: . .
CitedRogerson v Wigan Metropolican Borough Council QBD 14-Jul-2004
The claimant sought damages under the 1977 Act. The defendant said it had behaved lawfully. He had been housed in a hostel pending a decision on the application for permanent housing as a homeless person, which the defendant said excluded him from . .
Lists of cited by and citing cases may be incomplete.

Housing, Administrative

Updated: 21 January 2023; Ref: scu.83788

Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening: CA 3 Jun 1999

A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the defendant no injustice.

Judges:

Rich, Otton, Pill LJJ

Citations:

Times 03-Jun-1999, [1999] EWCA Civ 1491, (2000) 32 HLR 517

Links:

Bailii

Statutes:

Housing Benefit (General) Regulations 1987 No 1971 Sch 6

Jurisdiction:

England and Wales

Citing:

CitedRegina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association QBD 19-Jul-1993
The court discussed the way in which local authorities should conduct their activities under the section: ‘[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 21 January 2023; Ref: scu.81238

Stancliffe Stone Company Ltd v Peak District National Park Authority: QBD 22 Jun 2004

The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately.
Held: The claim failed, the claimant had not established that the permission had not lapsed. ‘it is not open to the court to make a declaration which purports to permit that which it was Parliament’s clear intention to forbid. The court cannot make the declaration in the terms sought under 3 and 4 while the list remains – or is read – in its present form.’ The authority would not have been entitled to rely upon an estoppel by convention, but in any event the case should have been dealt with by an application for judicial review and be subject to the strict timetables applicable to judicial review.

Judges:

Moore-Bick J

Citations:

[2004] EWHC 1475 (QB)

Links:

Bailii

Statutes:

Environment Act 1995

Jurisdiction:

England and Wales

Citing:

CitedSalisbury District Council v Secretary of State for the Environment 1982
A planning permission given for the development of seven bungalows was construed as a grant of permission for a single development which could be spaced out over time. . .
CitedAmalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd CA 1982
The court explained the nature of an estoppel by convention.
Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone . .
CitedNorwegian American Cruises A/S (formerly Norwegian American Lines A/S) v Paul Munday Ltd (The ‘Vistafjord’) 1988
A party may be precluded by an estoppel by convention from raising a contention contrary to a common assumption of fact or law (which could include the validity of a notice) upon which they have acted. . .
CitedCalder Gravel Ltd v Kirklees Metropolitan Borough Council 1989
The plaintiff’s predecessor in title had applied in 1946 for planning permission. The authority approved the application and for nearly 40 years all concerned had proceeded on the basis that outline planning permission had been granted. In 1984 the . .
CitedRedrow Homes Limited, Regina (on the Application Of) v First Secretary of State and Another Admn 3-Dec-2003
The case asked whether a single permission for a large-scale development extending over more than 2,500 acres could be construed as granting more than one permission. . .
CitedRegina v Caradon District Council Ex Parte Knott QBD 3-Mar-2000
A planning authority had already issued both rectification and discontinuance notices, and there was now no dispute with the land owner about the need to dismantle existing buildings, it amounted to an abuse of process further to go and issue an . .
CitedRegina and North Lincolnshire Council ex parte Horticultural and Garden Products Sales (Humberside) Limited Admn 31-Jul-1997
The applicant extracted peat from land in Doncaster. Planning permission had been granted in 1951. After a boundary change in 1994 part of the site remained in Doncaster and part came within the boundaries of Humberside which was replaced by the . .
CitedCarter Commercial Developments v Bedford Borough Council Admn 27-Jul-2001
The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced . .
CitedRegina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
CitedClark v University of Lincolnshire and Humberside CA 14-Apr-2000
A student had been failed after being falsely accused of cheating, but the academic review board, on remarking the paper marked it as zero.
Held: Where a University did not have the supervisory jurisdiction of a visitor, a breach of contract . .
CitedWestern 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 . .
CitedO’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
CitedThrasyvoulou v Secretary of State for the Environment HL 1990
A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the . .

Cited by:

Appeal fromStancliffe Stone Company Ltd v Peak District National Park Authority CA 17-Jun-2005
In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for . .
At QBDStancliffe Stone Company Ltd v Peak District National Park Authority CA 24-Feb-2005
Recommencement of quarry works under old planning licence. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Planning

Updated: 20 December 2022; Ref: scu.228572

Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another: Admn 11 Jan 2002

The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been issued in error, but the claimant asserted that the council were estopped from refusing the certificate. The inspector said the developer knew enough not to have relied upon the letter.
Held: A public authority may be subject to an estoppel even in exercising its statutory duties in exceptional circumstances. Here the representation made by the council was clear and unambiguous, and the applicant believed it and relied upon it to his detriment. It was not justified to say he should have known the falsity of the representation. There is no requirement as to the reasonableness of the claimant relying upon the representation. The inspector erred in law and his decision was quashed.

Judges:

Richards J

Citations:

[2002] EWHC 2 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 191 192

Jurisdiction:

England and Wales

Citing:

CitedWestern 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 . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative, Estoppel

Updated: 20 December 2022; Ref: scu.168018

Regina v Warwickshire County Council, Ex parte Collymore: 1995

The court questioned the over rigid application of a policy in a decision by the respondent.

Judges:

Judge J

Citations:

[1995] ELR 217

Jurisdiction:

England and Wales

Cited by:

CitedRogers, 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 12 December 2022; Ref: scu.240374

Regina v Avon County Council Ex Parte Crabtree: CA 15 Nov 1995

Rules of natural justice need not always be followed if the context requires. The scope of the common law rule against bias and its application to the facts of a particular case depends on what the facts are, as does the content of the obligation to act fairly in a particular case

Judges:

Neill LJ

Citations:

Times 29-Nov-1995

Jurisdiction:

England and Wales

Cited by:

CitedCheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 December 2022; Ref: scu.86070

K, A and B v Secretary of State for Defence Secretary of State for Foreign and Commonwealth Affairs: Admn 26 Apr 2017

The Claimants have brought public law claims against the Defendants in relation to protection, relocation and compensation, claiming to have acted as covert human intelligence sources, CHIS, for the United Kingdom in Afghanistan.

Judges:

Simon LJ, Ouseley J

Citations:

[2017] EWHC 830 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedReprieve 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 December 2022; Ref: scu.582149

Hasan, Regina (on The Application of) v Secretary of State for Trade and Industry (Now Business, Enterprise and Regulatory Reform): CA 25 Nov 2008

Whether public authority under a public law duty to publish reasons for administrative decisions made under statutory power.

Judges:

The President of the Queen’s Bench Division

Citations:

[2008] EWCA Civ 1312, : [2009] 3 All ER 539

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 09 December 2022; Ref: scu.380350

South Tyneside Metropolitan Borough Council, Regina (on the Application of) v The Lord Chancellor and Secretary of State for Justice and Another: CA 7 Apr 2009

The Lord Chancellor appealed against an order finding him responsible for the funding of pensions payable to former employees of magistrates courts which had since been closed.

Citations:

[2009] EWCA Civ 299

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 09 December 2022; Ref: scu.330971

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to the status of the land.
Held: (Lord Scott and Baroness Hale dissenting in part) The claimant’s appeal succeeded in part. Registration would protect the rights sought. It is a necessary implication that land conclusively presumed to be a village green should be subject to the rights which the statute treated as creating a village green, namely the right to indulge in sports and pastimes. The only period upon which a claim could have relied was a period of upwards of 20 years continuing up to and ending with the date of the application. The word ‘becomes’ in section 13(b) means ‘becomes on registration’.
Baroness Hale said: ‘Unlike academic textbook writers and examiners, the courts do not decide legal questions in a vacuum. They know that, while hard cases may indeed make bad law, the particular facts of the case before them do cast a particularly bright light upon the legal issues and may throw up important questions which no rehearsal of the legal arguments in the abstract can ever do. Why, after all, do the best legal examination papers require candidates to answer problems based upon a precise, though imaginary set of facts? Because that is the way in which our case law has developed over the centuries. It is only legislators who make legal rulings in general and without reference to a specific set of facts.’ and ‘as an academic lawyer and examiner of students, I would see nothing wrong in essaying an answer to those questions, secure in the knowledge that if I turned out to have overlooked some important consideration which emerged in a later case, a court could and would ignore my views. As a judge, I see every objection to answering those questions. The fact that all parties and all courts have so far proceeded on the basis that we both can and should answer them does not to my mind outweigh the formidable objections to our doing so. ‘

Judges:

Lord Hoffmann, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond

Citations:

Times 31-May-2006, [2006] UKHL 25, Gazette 08-Jun-2006, [2006] 2 WLR 1235, [2006] 2 AC 674, [2006] 22 EG 177, [2006] NPC 62, [2006] BLGR 713, [2006] 2 EGLR 95, [2006] 4 All ER 817

Links:

Bailii

Statutes:

Commons Registration Act 1965 13(b), Registration (New Land) Regulations 1969 (SI 1969/1843), Countryside and Rights of Way Act 2000 98

Jurisdiction:

England and Wales

Citing:

CitedAbbott v Weekly 1665
A custom that ‘the inhabitants of the vill, time out of memory, and had used to dance there at all times of the year at their free will, for their recreation’ was held to be a good custom, and the land was established as a common. . .
CitedFitch v Rawling 1795
A common was claimed at Steeple Bumpstead in Essex for ‘all kinds of lawful games, sports and pastimes . . at all seasonable times of the year.’ including cricket.
Held: Rights of common over land can include the right of local inhabitants to . .
CitedDyce v Lady James Hay HL 1852
A claim was made for a prescriptive right for all the Queen’s subjects ‘to go at all times upon the . . appellant’s property . . for the purpose of recreation’.
Held: Leonards LC said that the right claimed was one that ‘cannot be maintained’ . .
CitedMounsey v Ismay 20-Jan-1863
The inhabitants of Carlisle claimed a custom of holding horse races in May over land at Kingsmoor. The landowner’s counsel protested that the fields were arable land.
Held: Martin B: ‘It must be assumed that the custom has existed since the . .
CitedLancashire v Hunt 1894
A right of common was accepted over land to play cricket and other games on 160 acres of Stockbridge Common Down. The owner applied to prevent a local trainer from exercising his horses over the land. The trainer claimed that he had a customary . .
CitedForbes v Ecclesiastical Commissioners for England 1872
The purpose of inclosure under the Act was after all to extinguish manorial rights of common over the land inclosed, so that it could be at the free disposal of the owner, but the Act did not extinguish customary rights. . .
CitedVirgo v Harford 11-Aug-1892
A right of common was successfully claimed to the right to play football, rounders and cricket on 65 acres of open land on a hill outside Walton-in-Gordano in Somerset. . .
CitedHammerton v Honey CA 1876
A claim was made for a local custom of common rights over Stockwell Green.
Held: The claim failed. The evidence did not show that use of the green was confined to inhabitants of Stockwell. Sir George Jessel MR said: ‘A custom is local Common . .
CitedEdwards v Jenkins 1896
Application was made to register a customary right over land.
Held: The ‘locality rule’ applied. The inhabitants of the contiguous Surrey parishes of Beddington, Carshalton and Mitcham could not have a customary right of recreation over land . .
CitedNew Windsor Corporation v Mellor CA 1975
The respondent had obtained registration of land, Bachelors’ Acre, a grassed area of land in New Windsor, now used as a car park in the register of town and village greens under the Act as a customary green. It had been used for archery in mediaeval . .
CitedIn re Turnworth Down Dorset 1978
The only effect of non-registration of rights of common was to deprive the inhabitants of the benefit of the conclusive presumption furnished by section 10 of the Act and to require them to prove the existence of the rights in question. The land was . .
CitedRegina v Suffolk County Council Ex Parte Steed and Steed Admn 1995
Judicial review was sought of the Council’s decision to refuse to register a park as a Town or Village Green.
Held: Carnwath J looked at the procedure to be followed by a council receiving an application for registration of commons right: ‘it . .
CitedRegina v Suffolk County Council Ex Parte Steed and Another CA 2-Aug-1996
Customary rights over land were not defeated by failure to register as common. ‘As of right’ meant that the right must be exercised in the belief that it is a right enjoyed by the inhabitants of the village to the exclusion of all other people. ‘it . .
CitedRegina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
CitedBeresford v The Government of the Commonwealth of Australia Admn 13-Oct-2005
The defendant appealed against an order for his extradition, saying that the request was defective in three respects, and that there was a bar to extradition in that, due to the passage of time since the alleged abuse is said to have taken place, it . .
CitedRegina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council HL 25-Jun-1999
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those . .
Disapproved in partCheltenham Builders Ltd , Regina (on the Application of) v South Gloucestershire District Council Admn 10-Nov-2003
A claim was made for the review of a decision of the Council to amend the Register of Town and Village Greens (TVG).
Held: The registration of the TVG was manifestly flawed and could not stand whether under section 14 or by way of judicial . .
CitedMinistry of Defence v Wiltshire County Council 3-May-1995
The court considered that the time period of twenty years necessary to establish a right of common under the Act was the period ending with the date of the application.
Held: The court rectified the register under section 14 so as to remove . .
CitedRegina v Norfolk County Council ex parte Perry Admn 19-Dec-1996
The period of twenty years required to establish a common under the Act was the period up to the date of the application. . .
At first instanceOxfordshire County Council v Oxford City Council, Catherine Mary Robinson ChD 22-Jan-2004
Land had been registered in part as a common. The council appealed.
Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. . .
CitedOxfordshire County Council v Oxford City Council and Another CA 24-Feb-2004
Application was made to register the ‘trap grounds’ as a village green.
Held: Carnwath LJ: ‘The 1965 Act created no new legal status, and no new rights or liabilities other than those resulting from the proper interpretation of section 10. . .
CitedFitch v Fitch 1798
The defendants had trampled the grass on a common which the owner had mowed, thrown the hay about and mixed some of it with gravel.
Held: The court considered the rights arising from land being declared to be a common: ‘The inhabitants have a . .
CitedRegina (Laing Homes Ltd) v Buckinghamshire County Council Admn 8-Jul-2003
Land was used for ‘low-level agricultural activities’ such as taking a hay crop at the same time as it was being used by the inhabitants for sports and pastimes.
Held: The Act was not intended to prevent the owner using the land in a way which . .
DisapprovedHumphreys v Rochdale Metropolitan Borough Council Admn 18-Jun-2004
Acts of grazing and fertilising by the owner which would have contravened the 1857 and 1876 Acts if the land had been a village green at the time, prevented the land from satisfying the section 22 definition. . .
CitedJ A Pye (Oxford) Ltd v The United Kingdom ECHR 15-Nov-2005
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
CitedBell v Wardell 1740
The defendant argued in defence to a claim of trespass to land that there was a customary right for the inhabitants of the town to walk and to ride over a close of arable at all seasonable times.
Held: The claim was bad, because the defendant . .
CitedHall v Nottingham 1875
The parties sought to establish a customary right to enter on land, erect a maypole and to dance around it, and otherwise to enjoy the land for innocent recreation at any time.
Held: The claim was good. A custom might be understood as a local . .
CitedMillechamp v Jordan 1740
A claim was made that land was subject to a customary right for recreation.
Held: The right would be limited to ‘legal and reasonable times of year’ so as not to allow the user to deprive the landowner of all profits of the land. . .
CitedLockwood v Wood 1844
A customary right over land becomes in effect a local law. . .
CitedDelaney v Staples HL 15-Apr-1992
The claimant had been dismissed but had been given no payment in lieu of notice. She claimed to the Industrial Tribunal that this was an unlawful deduction from her wages and that therefore the Industrial Tribunal had jurisdiction.
Held: The . .
CitedBritish Amusement Catering Trades Association v Westminster City Council HL 1988
The defendant operated an amusement arcade which provided video amusement games. The authority required a licence saying that it was an ‘exhibition of a moving image’. The Association appealed.
Held: A video amusement game was not within the . .
CitedMercer v Denne 1904
Fishermen claimed a customary right to spread their nets out to dry on land owned by the plaintiff at all seasonable fishing times.
Held: The activity was a good and valid custom, even though it was not a right for recreational purposes but . .
CitedHampshire County Council v Milburn HL 1991
The 1965 Act ‘was passed to give effect to the recommendations of the Royal Commission so far as registration was concerned. The Act of 1965 did not confer any general public right of access over common land and did not set up the machinery for the . .
CitedRoyal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
CitedGouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
CitedVictor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
CitedAbbott v Minister for Lands PC 30-Mar-1895
(From the Supreme Court for New South Wales) When considering what was a ‘vested right’ for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
CitedThe Home Office v Wainwright and Wainwright CA 20-Dec-2001
The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the . .
MentionedMercer v Denne CA 1905
The court was asked whether the custom for fishermen to spread their nets to dry upon a privately owned beach, if otherwise established, could apply to land added by accretion to land over which it could be shown that the custom existed.
CitedIn Re S (Hospital Patient: Court’s Jurisdiction) CA 6-Mar-1995
The carer of S sought a declaration that S’s wife and son were not entitled to remove him to Norway.
Held: The court may try an issue as to the patient’s care as between rival claimants as carers. It should not tightly restrict list of carers . .
CitedIn re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
CitedBrocklebank v Thompson 1903
Parishioners sought to assert as a common right the right to walk across the local manor to the local church.
Held: Rights which have been long enjoyed, and in the absence of evidence that the enjoyment is recent only, are deemed to have been . .

Cited by:

CitedBetterment Properties (Weymouth) Ltd v Dorset County Council ChD 2-Mar-2007
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should . .
CitedLewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another SC 3-Mar-2010
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had . .
CitedGlenn and Co (Essex) Ltd), Regina (on The Application of) v HM Revenue and Customs Admn 18-Jun-2010
The company objected to the search of its offices and removal by the defendant of its computers, the officers having entered without any warrant purporting to use powers under the 1989 Act.
Held: The request for judicial review failed. The . .
CitedPaddico (267) Ltd v Kirklees Metropolitan Council and Others ChD 23-Jun-2011
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights . .
CitedAdamson and Others v Paddico (267) Ltd SC 5-Feb-2014
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request.
Held: The appeal were solely as to . .
CitedNewhaven Port and Properties Ltd v East Sussex County Council and Others Admn 21-Mar-2012
The company objected to the proposed registration by the defendant Council of a strip of beach land as a common. They said that it was not a ‘town or village green’ within the 2006 Act.
Held: The court rejected all grounds of objection, save . .
CitedNewhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another CA 27-Mar-2013
The port challenged the proposed registration of part of the beach at Newhaven as a village green, saying that the result would be inconsistent with their performance of their statutory duties. . .
CitedNewhaven Port and Properties Ltd, Regina (on The Application of) v Secretary of State for The Environment Food and Rural Affairs CA 14-Jun-2013
. .
CitedNewhaven Port and Properties Ltd, Regina (on The Application of) v East Sussex County Council and Another SC 25-Feb-2015
The court was asked: ‘whether East Sussex County Council . . was wrong in law to decide to register an area . . known as West Beach at Newhaven . . as a village green pursuant to the provisions of the Commons Act 2006. The points of principle raised . .
CitedLittlejohns, Regina (on The Application of) v Devon County Council and Another Admn 24-Mar-2015
The claimants sought judicial review of the refusal by the defendants to register rights of common in certain lands under the 2006 Act. The defendants said that the rights asserted did not fall within the scope of transitional provisions in the 2006 . .
CitedLittlejohns and Another v Devon County Council and Another CA 6-May-2016
Appeal against rejection of request for registration of land as a common: ‘At the heart of the appeal lies the question of law whether it is possible to acquire a right of common by virtue of an express grant or (as in the present case) user after 2 . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 09 December 2022; Ref: scu.242159

England v Inglis: 1920

An interest in the avoidance of an obligation is as much a material interest as an interest in making a gain. Salter J said: ‘As was pointed out by Lindley LJ in Nutton v Wilson [(1889) 22 QBD 744, 748] the object of sections of this kind is ‘to prevent the conflict between interest and duty that might otherwise inevitably arise.’ An ‘interest’ within the meaning of the section must, I agree, be something more than a sentimental interest, such as arises from the natural love and affection of a man for his son; it must be a pecuniary or, at least, a material interest; but I do not see on what principle it must necessarily be a pecuniary advantage, because, if a public man is likely to suffer pecuniary loss by his interest in any particular contract, his judgment is as likely to be deflected as where he is obtaining a pecuniary advantage from it.’

Judges:

Salter J, Roche J

Citations:

[1920] 2 KB 636

Jurisdiction:

England and Wales

Cited by:

CitedWheatley and Another v The Commissioner of Police of the British Virgin Islands PC 4-May-2006
(The British Virgin Islands) The defendants appealed against convictions for theft and misconduct. Being civil servants they had entered in to contract with companies in which they had interests. . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 December 2022; Ref: scu.241543

Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999

The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant information required by the prescribed form except. The difference was in the absence of a statement of truth. The question was whether the failure to use the prescribed form rendered the application for leave to appeal a nullity.
Held: The court must look at what was the intended effect of non-compliance, not just whether the requirement was expressed to be mandatory.
The court discussed the conventional distinction between directory and mandatory requirements. The position is complex and the legislation should be judged as to what were intended to be the consequences of the non-compliance. This is assessed on a consideration of the language of the legislation against the factual circumstances of the non-compliance. Procedural requirements are designed to further the interests of justice and any consequence which would achieve a result contrary to those interests should be treated with considerable caution: ‘Because of what can be the very undesirable consequences of a procedural requirement which is made so fundamental that any departure from the requirement makes everything that happens thereafter irreversibly a nullity it is to be hoped that provisions intended to have this effect will be few and far between.’
The starting point is that where the word ‘shall’ is used ‘the requirement is never intended to be optional’.
Lord Woolf MR said: ‘I suggest that the right approach is to regard the question of whether a requirement is directory or mandatory as only at most a first step. In the majority of cases there are other questions which have to be asked which are more likely to be of greater assistance than the application of the mandatory/directory test: The questions which are likely to arise are as follows:
(a) Is the statutory requirement fulfilled if there has been substantial compliance with the requirement and, if so, has there been substantial compliance in the case in issue even though there has not been strict compliance? (The substantial compliance question.)
(b) Is the non-compliance capable of being waived, and if so, has it, or can it and should it be waived in this particular case? (The discretionary question.) I treat the grant of an extension of time for compliance as a waiver.
(c) If it is not capable of being waived or is not waived then what is the consequence of the non-compliance? (The consequences question.)
Which questions arise will depend upon the facts of the case and the nature of the particular requirement. The advantage of focusing on these questions is that they should avoid the unjust and unintended consequences which can flow from an approach solely dependent on dividing requirements into mandatory ones, which oust jurisdiction, or directory, which do not. If the result of non-compliance goes to jurisdiction it will be said jurisdiction cannot be conferred where it does not otherwise exist by consent or waiver.’

Judges:

Lord Woolf MR, Judge and May LJJ

Citations:

Times 26-May-1999, [2000] 1 WLR 354, [1999] EWCA Civ 3010, [1999] 3 All ER 231, [2000] Imm AR 10, [1999] INLR 241

Links:

Bailii

Statutes:

Asylum (Appeals) Procedure Rules 1993 (1993 No 1661) 13

Jurisdiction:

England and Wales

Citing:

Cited inSekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
Appeal fromRegina v Immigration Appeal Tribunal, ex Parte Jeyeanthan Admn 3-Apr-1998
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the . .
AppliedLondon and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .

Cited by:

CitedRegina (Saad and Others) v Secretary of State for the Home Department CA 19-Dec-2001
The grant by the Secretary of State of exceptional leave to remain in the UK, did not remove the right of an asylum seeker to appeal a rejection of his claim for asylum. The applicant had the right to have his status, and the UK’s compliance with . .
CitedRydqvist v Secretary of State for Work and Pensions CA 24-Jun-2002
The applicant had applied to the tribunal with regard to his entitlement to job-seeker’s allowance, but withdrew his application before the hearing. The tribunal had nevertheless heard the case and held against him. He appealed that finding. The . .
CitedSekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
CitedUllah and Others, Ahmed v Pagel, Scallan, Kennedy CA 12-Dec-2002
The claimants sought to issue election petitions to challenge the results of local elections. The petitioners had complied with all the rules save that they had failed to serve the notice of presentation within the five day period. The claimants . .
CitedHollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
CitedSeal v Chief Constable of South Wales Police CA 19-May-2005
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek . .
CitedRegina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
CitedGarbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
CitedBentham, Regina (on the Application of) v HM Prison Wandsworth Admn 7-Feb-2006
The defendant sought a writ of habeas corpus, saying that he had been wrongfully committed to the crown court under the 1998 Act. The note referred only to a ‘conspiracy without further specification. The crown court had remitted him to the . .
CitedClarke, Regina v; Regina v McDaid HL 6-Feb-2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence.
Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which . .
CitedAttorney General’s Reference No. 3 of 1999 HL 14-Dec-2000
An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept . .
CitedNorth Somerset District Council v Honda Motor Europe Ltd and Others QBD 2-Jul-2010
Delayed Rates Claims Service made them Defective
The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created . .
CitedRochdale Borough Council v Dixon CA 20-Oct-2011
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 09 December 2022; Ref: scu.136039

ABC Direct Contact Sp ZOO v Poczta Polska Sa: ECJ 13 Dec 2012

ECJ Directive 2004/18/EC – Article 45(2), first subparagraph, point (d) -Directive 2004/17/EC – Articles 53(3) and 54(4) – Public procurement – Postal services sector – Exclusion criteria in relation to the procedure for the award of a contract – Grave professional misconduct – Protection of the public interest – Maintenance of fair competition

Citations:

C-465/11, [2012] EUECJ C-465/11

Links:

Bailii

Statutes:

Directive 2004/18/EC, Directive 2004/17/EC

Jurisdiction:

European

European, Administrative

Updated: 07 December 2022; Ref: scu.468758

Waddle v Wallsend Shipping Co Ltd: 1952

The court considered the relationship between the findings of an inquiry and later judicial proceedings: ‘I think that the competent authorities might consider whether the useful purposes that wreck inquiries serve would not be increased if the report was made available to any court which had to determine the cause of the loss. It is not necessary that the findings of fact in the report should be treated as binding. The opinion of the commissioner based on the facts he finds has at least as high a value as that of an expert based on the facts which he assumes to be proved; and it has the advantage of being quite independent of either side.’

Judges:

Devlin J

Citations:

[1952] 2 Lloyd’s Rep 105

Jurisdiction:

England and Wales

Cited by:

ApprovedThe European Gateway 1987
The court considered what use should be made by a court of a previous stautory inquiry. After referring to Waddle: ‘It is sufficient if I observe that I do not consider that this dictum (which goes to the admissibility of the report of a wreck . .
CitedSecretary 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

Updated: 07 December 2022; Ref: scu.228501

Finbow v Air Ministry: 1963

The minister had mistakenly exercised a formal power to approve a licence to occupy land under a repealed section instead of its re-enacted successor. The claimant said that this was not an effective approval. The court also considered the authorities on how to distringuish between a lease and a licence.
Held: The misdescription of his powers rendered the document a nullity would defeat the plain intention of the Minister. McNair J said ‘It is, in my judgment, a plain case for the application of the maxim falsa demonstratio non nocet and of the principle embodied in the maxim magis valeat quam valeat. There is a total inconsistency and repugnancy between the minister’s manifest intention and the literal effect of the document, and, in my judgment, the former should prevail.’
As to the nature of the agreement: ‘1) that the agreement must be construed as a whole and that the relationship is determined by law and not by the lable which the parties put on it, though the label is a factor to be taken into account in determining the true relationship; . . . 2) that the grant of exclusive possession, if not conclusive against the view that there is a mere licence as distinct from a tenancy, is at any rate a consideration of the first importance;’ and in all the cases where a licence was found, that was because of the presence of factors such as those set out in Facchini.
As to the effect of reliance upon the mistake, McNair J said: ‘The document was in the circumstances in which it was executed plainly intended by the Minister to be an approval in the exercise of his statutory powers. These powers at the date of the instrument were to be found only in section 2 of the Act of 1948. To hold that the mis- description of his powers rendered the document a nullity, would, in my judgment, defeat the plain intention of the Minister to be deduced from the circumstances and the date of its execution. It is, in my judgment, a plain case for the application of the maxim falsa demonstratio non nocet and of the principle embodied in the maxim magis valeat quam pereat. There is a total inconsistency and repugnancy between the Minister’s manifest intention and the literal effect of the document, and, in my judgment, the former should prevail. In this connection, reference may be made to In re Lockwood, Atherton v Brooke, where Harman J was confronted with a rather similar problem arising out of mistake in a statute and approved a citation from Maxwell on Statutes (now 11th ed. (1962) p 243) to the following effect: ‘The authorities do …. establish that the judicial interpreter may deal with careless and inaccurate words and phrases in the same spirit as a critic deals with an obscure or corrupt test, when satisfied, on solid grounds, from the context or history of the enactment or from the injustice, inconvenience, or absurdity of the consequences to which it would lead, that the language thus treated does not really express the intention and that this amendment probably does.”

Judges:

McNair J

Citations:

[1963] 1 WLR 697

Jurisdiction:

England and Wales

Citing:

CitedFacchini v Bryson 1952
The court held that in all the reported cases where it was held that an agreement was a licence rather than a tenancy: ‘In all the cases where an occupier has been held to be a licensee there has been something in the circumstances, such as a family . .

Cited by:

CitedRegina v Dover Magistrates’ Court ex parte Webb Admn 18-Mar-1998
The defendant appealed against a forfeiture order, saying that it had been made under the 1990 Act which had been repealed.
Held: The wrong naming of the section did not invalidate the decision. . .
CitedBurrells Wharf Freeholds Ltd v Galliard Homes Ltd TCC 1-Jul-1999
The court was aksed to provide pre-action discovery under the rules. The defendant said that the rules were invalid, having been made under an invalid power.
Held: ‘article 5 of the Order would not have been invalidated by a failure to mention . .
CitedMcKay, Regina (on the Application of) v First Secretary of State and Another CA 9-Jun-2005
An enforcement notice was challenged on the grounds of it having been made without the appropriate identification of the land at issue. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Administrative

Updated: 07 December 2022; Ref: scu.186963

International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners): ECJ 1 Oct 1998

The Commission was wrong to approve of interception of mail by postal authorities to get around attempts to abuse international agreements for international mail by taking advantage of cheaper rates of foreign operators. The interception was excessive.

Citations:

Times 01-Oct-1998, T-133/95, T-204/95

Statutes:

Universal Postal Union Convention art 25

Jurisdiction:

European

Administrative

Updated: 07 December 2022; Ref: scu.82404

DA Botany Bay City Council v Remath Investments: 15 Dec 2000

(Supreme Court of New South Wales – Court of Appeal) A statute provided that ‘A development application shall . . (b) be made in the prescribed form and manner; . . and (d) . . be accompanied by an environmental impact statement in the prescribed form’. The application and the environmental impact statement were both submitted, but not at the same time.
Held: ‘substantial compliance’ with the statutory provisions would be satisfied even where the statement is lodged later than the application itself.

Judges:

Stein JA, Fitzgerald JA

Citations:

(2000) 111 LGERA 446, (2000) 50 NSWLR 312, [2000] NSWCA 364

Links:

Bailii

Jurisdiction:

Australia

Cited by:

CitedMaroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 06 December 2022; Ref: scu.403372

Bell v Kennedy: 1868

A domicile of choice in a country is been acquired immediately upon the person’s arrival in that country.
Lord Cairns, having held that it was unnecessary for him to examine the various definitions that have been given of the term ‘domicile’, held that the question to be considered was in substance whether the appellant: ‘had determined to make, and had made, Scotland his home, with the intention of establishing himself and his family there, and ending his days in that country?’

Judges:

Lord Westbury, Lord Cairns

Citations:

(1868) LR 1 Sc and Div 307

Jurisdiction:

England and Wales

Cited by:

CitedMark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
CitedBarlow Clowes International Ltd and Others v Henwood CA 23-May-2008
The receiver appealed against an order finding that the debtor petitioner was not domiciled here when the order was made. The debtor had a domicile of origin in England, but later acquired on in the Isle of Man. He then acquired a home in Mauritius . .
Lists of cited by and citing cases may be incomplete.

Administrative, Family

Updated: 06 December 2022; Ref: scu.228183

Zoolife International Ltd, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 17 Dec 2007

Silber J reviewed the authorities which consider the question of whether courts should entertain claims for relief in which the claimants have no interest.
Held: Academic issues cannot and should not be determined by courts unless there are exceptional circumstances such as where two conditions are satisfied in the type of application now before the courts. On the facts there were factors some of which were overlapping and which individually or cumulatively indicated that the claim should not be heard as it was academic. First, any decision on the facts of that case would be fact-sensitive; second since the duties of the claimants were not the same in the instant case and in all other potential cases the result in the instant case would not necessarily be the same in any other cases; third there was no certainty or even probability that other claims would be brought; fourth if there were subsequent claims other parties might wish to adduce evidence so that the court on a subsequent occasion would have to consider different material; fifth because any decision in the instant case would depend on assumed facts it would be unlikely to be determinative or of any value in subsequent proceedings; sixth because the factual situation in a subsequent case might be different a decision on the instant case would not constitute a precedent for future applications; seventh not all interested parties had been served with details of the amended claim; and eighth that the claim in that case was an academic one and there was, in the words of Lord Slynn in Salem no ‘good reason in the public interest’ for it to be determined by him.
However, it was desirable if not necessary gtto resolve the outstanding issues in case he was wrong on the academic issue and also because it might well be necessary for him to come to conclusions on the other issues when dealing with the question of costs.

Judges:

Silber J

Citations:

[2007] EWHC 2995 (Admin), [2008] ACD 44

Links:

Bailii

Jurisdiction:

England and Wales

Licensing, Administrative

Updated: 05 December 2022; Ref: scu.262876

Regina v Knowsley Metropolitan Borough Council, ex parte Maguire: 1990

Schiemann J said: ‘we do not have in our law a general right to damages for maladministration.’

Judges:

Schiemann J

Citations:

(1992) 90 LGR 653

Jurisdiction:

England and Wales

Cited by:

CitedHilda Amoo-Gottfried v Legal Aid Board (No 1 Regional Committee) CA 1-Dec-2000
The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for . .
Lists of cited by and citing cases may be incomplete.

Damages, Administrative

Updated: 05 December 2022; Ref: scu.263462

Regina (Hasan) v Secretary of State for Trade and Industry: Admn 19 Nov 2007

The claimant, a Palestinian, sought to challenge licences authorising the sale of military equipment to Israel which had been used in turn to destroy his farm, and infringe his human rights.
Held: Permission was refused. Though overt examination of the particular licences was not adequate the grant of licences was subject to appropriate supervision.

Judges:

Collins J

Citations:

[2007] EWHC 2630 (Admin), [2008] ACD 10

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromHasan, Regina (on the Application of) v Secretary of State for Trade and Industry CA 25-Nov-2008
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that . .
Lists of cited by and citing cases may be incomplete.

International, Administrative

Updated: 05 December 2022; Ref: scu.263494

Regina v Lord Saville of Newdigate and Members of the Tribunal Sitting As Bloody Sunday Inquiry, ex Parte: B; O and U and V: CA 30 Mar 1999

A second tribunal of enquiry into a matter was not bound by decisions of the first to give anonymity to witnesses. It must however consider that decision. Such tribunals had to govern their own procedures. Appeals against reasons alone are not recommended.

Citations:

Times 15-Apr-1999, [1999] EWCA Civ 1136

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Lord Saville of Newdigate Right Honourable Sir Edward Somers Right Honourable Justice Hoyt (the Members of Tribunal Sitting As Bloody Sunday Inquiry) ex parte B, O, U and V Admn 4-Feb-1999
. .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 05 December 2022; Ref: scu.146051

Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department: CA 26 Nov 2015

Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens.

Judges:

Kitchin, Floyd, Sales LJJ

Citations:

[2015] EWCA Civ 1195, [2015] WLR(D) 482, [2016] 1 WLR 673

Links:

Bailii, WLRD

Statutes:

Immigration Act 1971 1(2) 3(1)(b), British Nationality Act 1981

Jurisdiction:

England and Wales

Citing:

See AlsoHysaj v Secretary of State for The Home Department CA 16-Dec-2014
Applications for extensions of time to file an appeal should be taken the same as for applications for relief from sanctions, and should attract the same rigorous approach. There is no good reason to have a different approach for public law cases. . .

Cited by:

Appeal fromHysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Dec-2017
The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under . .
CitedLondon Borough of Hamlets v Al Ahmed QBD 26-Mar-2019
The respondent had requested a review of his housing priority need. He had applied to the Authority under the homelessness provisions of the 1996 Act, the Council decided that he was not in priority need. The solicitors then acting for him requested . .
CitedAl Ahmed v London Borough of Tower Hamlets CA 30-Jan-2020
‘This case concerns the approach to be adopted by the court towards the assessment of a ‘good reason’ for delay in bringing an appeal under s.204 of the Housing Act 1996 (‘the 1996 Act’) against an adverse review decision under the homelessness . .
Lists of cited by and citing cases may be incomplete.

Administrative, Immigration

Updated: 04 December 2022; Ref: scu.555005

Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the appeals be allowed by consent.
Held: His reasons were largely been adopted by the Court.
The conflicting decisions had been difficult to reconcile and created uncertainty, and Akhtar and Bibi were overruled.
The Appellants were British citizens by naturalisation under section 6(1) of the British Nationality Act 1981 and that that citizenship remained valid unless and until a formal deprivation order is made pursuant to section 40(3) of the 1981 Act.

Judges:

Lady Hale, President, Lord Kerr, Lord Wilson, Lord Hughes, Lord Hodge

Citations:

[2017] UKSC 82, [2018] 2 All ER 471, [2018] INLR 279, [2018] Imm AR 699, [2018] 1 WLR 221, UKSC 2016/0209

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

British Nationality Act 1981 6(1)

Jurisdiction:

England and Wales

Citing:

Appeal fromHysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department CA 26-Nov-2015
Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens. . .
CitedRegina v Secretary of State for the Home Department ex parte Sultan Mahmood CA 1978
The applicant appealed refusal of his writ of habeas corpus. He had been arrested pending removal to Pakistan. He said that he had been registered a British Citizen under the 1948 Act. Whilst in Pakistan he had substituted his own photograph for . .
Appeal fromHysaj v Secretary of State for The Home Department CA 16-Dec-2014
Applications for extensions of time to file an appeal should be taken the same as for applications for relief from sanctions, and should attract the same rigorous approach. There is no good reason to have a different approach for public law cases. . .
OverruledRegina v Secretary of State for the Home Department ex parte Parvaz Akhtar CA 1981
The applicant appealed refusal of a writ of habeas corpus. He was to be removed as an illegal immigrant. He had entered claiming to be registered as a British citizen but under somebody else’s identity.
Held: The Secretary of State had had no . .
CitedRegina v Secretary of State for the Home Department Ex Parte Ejaz CA 7-Dec-1993
The question was whether the Secretary of State was entitled to treat a woman, who had obtained naturalisation as the wife of a British citizen, as an illegal entrant on the basis that her husband later turned out not in fact to be a British . .
OverruledBibi and others v Entry Clearance Officer, Dhaka CA 18-Jul-2007
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here.
Held: Her appeal failed. The residence of her late husband was . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 04 December 2022; Ref: scu.601874

Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013

The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the claimant’s appeal from an initial refusal, stating that he had, on reasonable grounds, formed the opinion that the Departments had been entitled to refuse disclosure of the letters, and set out his reasoning.
Held: The claim for judicial review failed. Section 53 of the Act was an unusual provision giving an executive override or veto of what (in the case of tribunal and court conclusions) would have been a judicial decision. However the language of the section required there to be reasonable grounds for the certifcate, stated cogently and judged objectively. That statutory test should not be glossed with any Wednesbury style test, and nor was the court to substitute its own assessment for that of the minister. ‘Reasonable grounds’ in section 53(2) simply meant grounds which, when viewed on their own, were ‘cogent’, and there was no reason to constrain the expression to exclude the accountable person from forming his own view simply because it differed from that of a court or tribunal.

Judges:

Lord Judge LCJ, Davis LJ, Globe J

Citations:

[2013] EWHC 1960 (Admin), [2013] 3 WLR 1631, [2013] WLR(D) 313, [2014] 1 CMLR 8, [2014] 1 All ER 23

Links:

Bailii, WLRD

Statutes:

Freedom of Information Act 2000 53, Environmental Information Regulations 2004 (SI 2004/3391)

Jurisdiction:

England and Wales

Citing:

See AlsoEvans v Information Commissioner UTAA 18-Sep-2012
The claimant journalist had requested copies of correspondence between Prince Charles and assorted public bodies.
Held: ‘The Upper Tribunal allows the appeals by Mr Evans. A further decision identifying information to be disclosed to Mr Evans, . .

Cited by:

Appeal fromEvans, Regina (on The Application of) v HM Attorney General and Another CA 12-Mar-2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. . .
Appeal fromEvans v The Information Commissioner and Others CA 12-Mar-2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the . .
At AdmnEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.

Information, Constitutional, Administrative

Updated: 04 December 2022; Ref: scu.512206

Kelsall and Others, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 13 Mar 2003

The claimants had had their fur farming business closed under the 2000 Act. They now challanged the order implementing compensation for the loss.

Judges:

Stanley Burnton J

Citations:

[2003] EWHC 459 (Admin)

Links:

Bailii

Statutes:

Fur Farming (Compensation Scheme) (England) Order 2002, Fur Farming Prohibition Act 2000

Jurisdiction:

England and Wales

Administrative, Agriculture

Updated: 04 December 2022; Ref: scu.263503

Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat since it was isolated from other anmals and was sacrosanct to them.
Held: The article 9 human rights of the claimants were engaged, and the proposed action would be a gross interference in those rights. It was therefore for the respondent to justify the action by showing a pressing social need. The decision had been reached without sufficient regard to the claimants’ religious freedoms, and would be quashed. The court noted however that a properly reached decision might be the same.

Judges:

Hickinbottom J

Citations:

[2007] EWHC 1736 (Admin)

Links:

Bailii

Statutes:

Animal Health Act 1981 32

Jurisdiction:

England and Wales

Citing:

CitedX v Netherlands ECHR 1962
As a legitimate aim, a Government may rely upon ‘the protection of public . . health’, which includes the health of animals as well as of humans. . .
CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedDe Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
CitedBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
CitedRegina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
CitedRegina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
Application for leave to appeal to House of Lords – refused. However ‘on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible . .
CitedJewish Liturgical Association Cha’are Shalom Ve Tsedek v France ECHR 27-Jun-2000
The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards.
Held: The applicants’ right to freedom of expression was not limited by the controls on the . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Animals, Administrative, Human Rights

Updated: 04 December 2022; Ref: scu.258160

Debt Free Direct Ltd, Regina (on the Application Of) v Advertising Standards Authority Ltd: Admn 15 May 2007

The claimant sought continuation of a without notice interim injunction to restrain the defendant from publishing its findings on a complaint against the claimant.

Judges:

Sullivan J

Citations:

[2007] EWHC 1337 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd QBD 9-Dec-1992
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information . .
CitedRegina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited Admn 8-Aug-1997
An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent . .
Lists of cited by and citing cases may be incomplete.

Media, Administrative

Updated: 04 December 2022; Ref: scu.254475

Ex parte Hamble (Offshore) Fisheries Ltd: 1995

Judicial review was requested of a decision of the Minister to declare a moratorium on the permitted transfer of certain fishing licences.
Held: The request failed. Sedley J put forward a test for what makes a claim for a legitimate expextation: ‘These considerations, I think, bring one closer to some conceptual understanding of what makes an expectation legitimate. Legitimacy in this sense is not an absolute. It is a function of expectations induced by government and of policy considerations which militate against their fulfilment. The balance must in the first instance be for the policy-maker to strike; but if the outcome is challenged by way of judicial review, I do not consider that the court’s criterion is the bare rationality of the policy-maker’s conclusion. While policy is for the policy-maker alone, the fairness of his or her decision not to accommodate reasonable expectations which the policy will thwart remains the court’s concern (as of course does the lawfulness of the policy). To postulate this is not to place the judge in the seat of the minister. As the foregoing citations explain, it is the court’s task to recognise the constitutional importance of ministerial freedom to formulate and to reformulate policy; but it is equally the court’s duty to protect the interests of those individuals whose expectation of different treatment has a legitimacy which in fairness outtops the policy choice which threatens to frustrate it.’ He asked rhetorically whether the Minister’s decision was fair:- ‘This, as I have held, while initially a question for the minister is ultimately a question for the court. But, in answering the question, the minister’s policy objectives and reasoning form as important an element of the forensic exercise as do the potency and reasonableness of the applicant’s expectations.’

Judges:

Sedley

Citations:

[1995] 2 All ER 714

Jurisdiction:

England and Wales

Cited by:

CitedRegina (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 . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 01 December 2022; Ref: scu.237256

Lex Services plc v Johns: 1990

The section in the earlier Act was modified to give effect to the 1978 Act.

Citations:

[1990] 1 EGLR 92

Statutes:

Landlord and Tenant Act 1927 23, Interpretation Act 1978 7

Jurisdiction:

England and Wales

Cited by:

ExplainedBeanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time.
Held: The combination of the various provisions meant that the landlord’s notice had irrevocably . .
Per incuriamC A Webber (Transport) Ltd v Railtrack plc CA 15-Jul-2003
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 01 December 2022; Ref: scu.182411

Regina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited: Admn 8 Aug 1997

An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent the respondents from publishing their adjudication. Popplewell J considered the question whether or not injunctive relief should be granted.
Popplewell J said: ‘The respondents have taken two discrete points. Firstly, in the light of Laws J’s decision in R v Advertising Standards Authority Limited [1992] WLR 1289. A public body should not normally be restrained from discharging its ordinary duties of expressing opinions or conveying information, save on pressing grounds, which did not obtain in that case, and it is said do not obtain in the instant case . . . .
I turn to the first issue namely the decision of Laws J . . . The facts of that case are identical to the facts in the instant case. Laws J’s conclusion was based on an analogy with those decisions, too well-known to need repetition, in libel law, that a court will not restrain publication of an article even where it is defamatory where a defendant says he intends to justify it.’
‘I do not find the analogy with the libel cases enormously helpful. It does not seem to me that reference, for instance, to the freedom of expression and the protection of human rights and fundamental freedoms has any relation to the instant case. This is not an expression of opinion and conveyance of information, save in the broadest sense. It is telling people the decision to which the respondents have come. The respondents are exercising a quasi judicial function, and the very word ‘adjudication’, while it is, of course, an expression of opinion, in the same way as a judgment is an expression of a judge’s opinion, is quite different from what appears as somebody’s view in a national newspaper. Therefore, with great respect to Laws J, I do not find his decision compelling.’
As to the delay in making the application: ‘The true test, which is the balance of convenience test, must take into account that this is a public case, so that the public interest is involved, over and above the private considerations of an ordinary commercial case. Looking at the balance of convenience, I have to see where that lies.’
‘In my view the correct approach is first to ask whether there is a serious issue that the Act in question is unlawful; and here, for the reasons I have already given, that is not the case. Beyond that, in the particular circumstances of this case, I consider that the correct approach is that adopted by Laws J (as he then was) in Vernons Organisation, to which I have already referred. There is something of a judicial dispute between Laws J and Popplewell J in his more recent judgment in R v Advertising Standards Authority ex parte Direct Line Financial Services Limited [1998] COD 20. To the extent that it might be appropriate for a deputy judge to join the debate, I unhesitatingly take the view that Laws J is correct. This is essentially a matter of public law and it must be addressed in public law terms. The general principle is that the courts will not restrain the expression of an opinion or the conveyance of information whether by private individual or a public body, save on exceptional grounds, and that principle is not disengaged because an intended publication contains material which is subject to legal challenge. A public body would not normally be restrained from discharging its ordinary duties on that ground. That is particularly so where, as in the present case, the public body has a duty to protect the public. The judgment of Laws J was delivered in 1992, and his reasoning is all the more compelling today in the light of the effect of the Human Rights Act 1998.
(36) I also consider that there is a compelling analogy here with the reasoning of Bonnard v Perryman [1891] 2 Ch 269 in the context of defamation. In any event, before an injunction would be granted it would be necessary for the court to consider what damage would be caused to the claimant. There has been no real attempt by the claimant to rely on damage to reputation or damage to the claimant in other ways. There is very little in the way of evidence which might support such a claim. Rather, the application has been made on the basis of the impact of the ruling on the industry generally. It seems to me that the interests of the industry and the public at large will be better served by an open debate on the adjudication at an early opportunity. In any event, the public policy considerations on which the defendant relies in this case are, to my mind, compelling and would be strong reasons against the grant of an injunction.’

Judges:

Popplewell J

Citations:

[1997] EWHC Admin 770

Jurisdiction:

England and Wales

Citing:

CitedRegina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd QBD 9-Dec-1992
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information . .

Cited by:

CitedDebt Free Direct Ltd, Regina (on the Application Of) v Advertising Standards Authority Ltd Admn 15-May-2007
The claimant sought continuation of a without notice interim injunction to restrain the defendant from publishing its findings on a complaint against the claimant. . .
Lists of cited by and citing cases may be incomplete.

Media, Administrative

Updated: 01 December 2022; Ref: scu.137715

Singh (Pargan) v Secretary of State for the Home Department: HL 10 Mar 1993

An issue arose as to whether the Secretary of State was required by section 18 of the Immigration Act 1981 to make regulations concerning the giving of notice of a decision for the purposes of appeal. if regulations were not made, the right of appeal conferred by the legislation could not have been exercised.
Held: Provisions for deemed service at the last known address of an applicant are intra vires. The Secretary of State had a duty to make such regulations. It would be assumed that Parliament intended that the person delegated with the relevant power should make regulations so as to activate the right in practice.
A duty to exercise a power would arise on a Minister where its exercise was necessary to give effect to rights created by Parliament.
Lord Jauncey of Tullichettle said: ‘Sections 13 to 16 of the Act confer rights of appeal upon persons in relation to various actions and decisions affecting them, such as refusal of leave to enter the United Kingdom, deportation orders and directions for removal. If those rights are to be effective the persons concerned must, where possible, be given such notice as will enable them to exercise those rights. In my view Parliament intended that the Secretary of State should be required to make regulations that would ensure, so far as practicable, that persons upon whom the rights of appeal had been conferred should be enabled effectively to exercise those rights. It follows that the Secretary of State does not have a discretion as to whether or not he shall make regulations.’
As to service: ‘Mr Mitchell’s argument that service on a person at his last known abode when he is known not to be there is Wednesbury unreasonable also fails. It is to be noted that the attack is not on the vires of regulation 6 but upon its exercise in the particular circumstances of this case. This argument necessarily involves construing ‘last known place of abode’ as meaning ‘last known place of abode at which there is reason to believe he might still be abiding.’ There is no warrant for such a construction. ‘Last known place of abode’ means exactly what it says, no more and no less. If it is known where a person was living but it is not known where he is now living, the former is his last known place of abode at which the regulation directs notice to be given. The formula is well known. For example, R.S.C., Ord. 10, r. 1(2)(a) provides for service of an originating process by posting to the defendant ‘at his usual or last known address.’ ‘

Judges:

Lord Jauncey of Tullichettle

Citations:

Gazette 10-Mar-1993, 1993 SC (HL) 1, [1992] 1 WLR 1052

Statutes:

Immigration Act 1971 18

Jurisdiction:

England and Wales

Cited by:

CitedRM v The Scottish Ministers SC 28-Nov-2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 01 December 2022; Ref: scu.89278

Forbes v Underwood: 1886

The supervisory jurisdiction of the Court of Session was used to compel an arbiter to proceed with an arbitration agreed under a private contract.

Citations:

(1886) 13 R 465

Jurisdiction:

Scotland

Cited by:

CitedDavidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
CitedAXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Administrative, Arbitration

Updated: 30 November 2022; Ref: scu.237573

Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 21 May 2010

The claimant challeged as unlawful the respondent’s policies as to expedited removals of persons from the United Kingdom.

Judges:

Cranston J

Citations:

[2010] EWHC 1425 (Admin), [2010] ACD 70

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See AlsoMedical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
See AlsoMedical Justice, Regina (on The Application of) v Secretary of State for The Home Department CA 16-Mar-2011
The defendant appealed against a decision allowing the claimant to apply for judicial review of its policy relating to the giving of notice of removal from the United Kingdom, and in particular, the alleged absence of any or sufficient notice to . .
CitedHussain, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 21-May-2020
No interim relief for Mosque Services
The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 27 November 2022; Ref: scu.431931

Banks and Another v Secretary of State for Environment, Food and Rural Affairs: Admn 15 Mar 2004

The claimant sought a review of the respondent’s failure to deal fairly with him by not making proper disclosure of information upon which it had relied in making a movement restriction notice as regarded the claimant’s herd of beef cattle. Trading Standards Officers had called at the farm and removed samples of what they suspected were inappropriate animal foodstuffs. They went on to make the order.
Held: The responses, far from being full, had been evasive. They had withheld evidence, failed to state the basis of their claim, and misrepresented the evidence. The statement was a ‘travesty of the truth’ The defendants had substantial loss but with no apparent means of financial redress.

Judges:

Sullivan J

Citations:

[2004] EWHC 416 (Admin), Times 19-Apr-2004, [2004] NPC 43

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedFrankson and Others v Secretary of State for the Home Department; Johns v Same CA 8-May-2003
The claimants sought damages for injuries alleged to have been received at the hands of prison officers whilst in prison. They now sought disclosure by the police of statements made to the police during the course of their investigation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative

Updated: 27 November 2022; Ref: scu.194698

Regina v Secretary of State for Social Services, Ex parte Child Poverty Action Group: CA 1989

The applicants sought judicial review of the failures by the respondent in processing claims for benefits. They asked that there should be a declaration that the respondent had a duty to refer a claim to an adjudication officer as soon as it was received, that he should have the information needed to process the claim, and that it be dealt with within 14 days or as soon as was reasonably practicable.
Held: The claimant group had a sufficient interest or standing to be entitled to seek a judicial review. No declaration should be made. An adjudication officer may himself make enquiries when setting a claim, and need not consider only matters internal to the claim.

Citations:

[1990] 2 QB 540, [1989] 1 All ER 1047

Statutes:

Social Security Act 1975 98 99(1)

Jurisdiction:

England and Wales

Cited by:

CitedKerr v Department for Social Development (Northern Ireland) HL 6-May-2004
Wrongful Refusal of Benefits
The claimant was estranged from his family, but claimed re-imbursement of the expenses for his brother’s funeral. The respondent required him to establish that none of his siblings was in a better position than he to pay for the funeral, but he had . .
CitedRegina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd QBD 1995
A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to . .
CitedRegina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
CitedBlack, Regina (on The Application of) v Secretary of State for Justice Admn 5-Mar-2015
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 27 November 2022; Ref: scu.196895

Edwin H Bradley and Sons Ltd v Secretary of State for the Environment: 1982

Reasons given for a decision may be brief, whilst still following Poyser. The fact that a procedure is not in the nature of a judicial or quasi-judicial hearing between parties may mean that the requirement to give a party full opportunity to advance his case does not apply in the same way as in such procedures. The reasons given must comply with the test formulated by Megaw J in In re Poyser and Mills’ Arbitration, adding that provided the reasons comply with that test, the Secretary of State could not be challenged in that respect.

Judges:

Glidewell J

Citations:

(1982) 264 EG 926, 1982 47 P and CR 374

Jurisdiction:

England and Wales

Citing:

AppliedRe Poyser and Mills’ Arbitration 1963
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must . .

Cited by:

CitedSouth Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
ApprovedWestminster City Council v Great Portland Estates plc HL 31-Oct-1984
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? . .
CitedUprichard v Scottish Ministers and Another (Scotland) SC 24-Apr-2013
The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 26 November 2022; Ref: scu.198568

Foster’s Case: 1614

The words of an Act of parliament ‘shall not bind the King’s Bench, because the pleas there are coram ipso Rege.’

Judges:

Sir Edward Coke CJ

Citations:

(1614) 11 Co Rep 56b

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
CitedGrenville v Royal College of Physicians 1700
. .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 26 November 2022; Ref: scu.222188

Grenville v Royal College of Physicians: 1700

Judges:

Holt CJ

Citations:

(1700) 12 Mod Rep 386, 1 Ld Raym 454

Jurisdiction:

England and Wales

Citing:

ApprovedRex v Plowright 1686
The collectors of chimney tax distrained on the landlord of a cottage. The applicable Act provided that any question about such distress should be ‘heard and finally determined by one or more justices . . ‘ The decision of the justices was in error . .
ApprovedSmith’s Case 1670
An order of the Commissioners of Sewers was brought before the court. The commissioners pointed to a statute which provided that they should not be compelled to certify or return their proceedings.
Held: The contention was rejected: ‘Yet it . .
CitedFoster’s Case 1614
The words of an Act of parliament ‘shall not bind the King’s Bench, because the pleas there are coram ipso Rege.’ . .
CitedRex v Warnford 1825
The courts have power to order an inferior court to complete or correct an imperfect record. . .

Cited by:

CitedRegina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 24 November 2022; Ref: scu.222191

Williams v Lord Bagot (2): 1824

Abbott CJ: ‘If an inferior court . . send up an incomplete record, we may order them to complete it . . If we are not to order, or allowthe officers of the court below to make a perfect record, which unquestionably they are at liberty to do, it will be in their power, by making an imperfect record, to defeat a writ of error whenever it shall be brought. The power of doing that lies in their hands, unless we prevent it.’

Judges:

Abbott CJ

Citations:

(1824) 4 Dow and Ry KB 315

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 24 November 2022; Ref: scu.222186

Regina v Harper: CANI 1990

The appellant had been convicted of a number of serious offences, largely as a result of admissions made by him during interviews by the police. Among the grounds of appeal was a claim that extension of the appellant’s detention had wrongly been authorised by a Parliamentary under-secretary of state where the statutory provision, section 12(4) of the 1984 Act provided that a person arrested under section 12(1) should not be detained for more than 48 hours but that the Secretary of State may, in a particular case, extend that period. The document extending the period in the appellant’s case had not been signed by the Secretary of State.
Held: The argument was rejected on the basis that there was no reason to conclude that this was a power that could not be devolved to a junior minister.

Citations:

Unreported 1990

Statutes:

Prevention of Terrorism (Temporary Provisions) Act 1984 12(4)

Jurisdiction:

Northern Ireland

Citing:

AppliedRe Golden Chemicals Limited 1976
In issue was a provision in the 1967 Act which stated that, if it appeared to the Secretary of State that it was expedient in the public interest that a corporate body should be wound up, he could present a petition for its winding-up. That power . .

Cited by:

CitedAdams, Regina v (Northern Ireland) SC 13-May-2020
Secretary of State alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .
Lists of cited by and citing cases may be incomplete.

Police, Administrative

Updated: 24 November 2022; Ref: scu.650813

McCafferty, Re Writ of Habeas Corpus: CANI 16 Dec 2009

The applicant was a prisoner who had been released on licence while serving a sentence for possession of an explosive substance. His licence was revoked, and he was arrested a month after his release. The revocation of the licence was authorised by the minister of state for security in the Northern Ireland Office. He purported to act under section 1(3) of the 1995 Act which provided that the Secretary of State could revoke a person’s licence if it appeared to him that that individual’s continued liberty would present a risk to the safety of others or that he was likely to commit further offences. The prisoner applied for a writ of habeas corpus. Among other arguments presented on his behalf was the claim that his detention was unlawful because it had not been authorised by the Secretary of State but by a junior minister.
Held: This argument was rejected. Coghlin LJ, delivering the judgment of the court, observed ‘ . . In general, it is to be implied that the intention of Parliament is to permit the Carltona principle to apply rather than to require a personal decision by the named decision-maker. For the purpose of deciding whether the power is to be implied factors to be considered include the framework of the relevant legislation and, in particular, whether any specific contrary indications appear in the language, and the importance of the subject matter. . . a decision taken with regard to the liberty of the subject may attract the Carltona principle. In our view there is nothing in either the framework or the language of the 1995 Act that indicates a contrary Parliamentary intention. . . ‘

Judges:

Coghlin LJ

Citations:

[2009] NICA 59

Links:

Bailii

Statutes:

Northern Ireland (Remission of Sentences) Act 1995 1(3)

Jurisdiction:

Northern Ireland

Citing:

CitedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .

Cited by:

CitedAdams, Regina v (Northern Ireland) SC 13-May-2020
Secretary of State alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .
Lists of cited by and citing cases may be incomplete.

Prisons, Administrative

Updated: 23 November 2022; Ref: scu.416630

Regina ex parte Grecian v Secretary of State for the Home Department: 3 Dec 2004

Judges:

Henriques J

Citations:

CO/5706/02, Unreported, 3 December 2004

Jurisdiction:

England and Wales

Cited by:

CitedRaissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no . .
CitedRaissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 23 November 2022; Ref: scu.249005

Rex v Warnford: 1825

The courts have power to order an inferior court to complete or correct an imperfect record.

Citations:

(1825) 5 Dow and Ry KB 489

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
CitedGrenville v Royal College of Physicians 1700
. .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 23 November 2022; Ref: scu.222187

Regina v Secretary of State for the Home Department ex parte Oladehinde: HL 18 Oct 1990

A decision at Senior Executive Officer level was accepted as appropriate in a deportation case. There was an express form of delegation, and acts of the immigration officers required to be regarded as the acts of the Home Secretary.
Lord Griffiths said: ‘it would not be right to authorise an inspector to take a decision to deport in any case upon which he had been engaged as an immigration officer, for to do so would be too much like asking a prosecutor to be judge in the same cause’.
It is a pre-condition to the exercise of the power to detain under paragraph 2(2) of Schedule 3 that the notice of the decision to make a deportation order is served on the person to be deported.
Lord Griffiths said: ‘It is well recognised that when a statute places a duty on a minister it may generally be exercised by a member of his department for whom he accepts responsibility: this is the Carltona principle. Parliament can of course limit the minister’s power to devolve or delegate the decision and require him to exercise it in person.’

Judges:

Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Templeman, Lord Griffiths, Lord Ackner

Citations:

[1991] 1 AC 254, [1989] UKHL 3, [1990] UKHL 11, [1990] 3 All ER 393, (1991) 3 Admin LR 393, [1990] 3 WLR 797, (1991) 3 Admin LR 393,

Links:

Bailii, Bailii

Statutes:

Immigration Act 1971

Jurisdiction:

England and Wales

Citing:

AppliedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .
AdoptedRegina v Secretary of State for the Home Department ex parte Malhi CA 1990
Parliament would not have intended to give an adjudicator powers to review the decisions of the respondent which were co-extensive with those of a court in a judicial review since this would simply cause duplication. On the true construction of . .
At Divisional CourtRegina v Secretary of State for the Home Department ex parte Oladehinde Admn 1990
The Home Secretary authorised certain officials in the immigration department of the Home Office to act on his behalf to decide whether to issue a notice of intention to deport persons under the Immigration Act 1971.
Held: The court granted . .
Appeal fromRegina v Secretary of State for the Home Department ex parte Oladehinde CA 2-Jan-1990
The Court allowed appeals against a decision quashing decisions for the deport the applicants: there was no legal impediment to the Home Secretary authorising immigration inspectors to take the decision to deport immigrants who are in breach of . .

Cited by:

CitedNational 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 . .
CitedBeggs v Scottish Ministers HL 7-Feb-2007
The claimant, a serving prisoner, had sought to sue the prison authorities for the conditions in which he was kept. He complained that his correspondence with his lawyers had been unlwafully opened by the prison. Repeatedly, undertakings were given . .
CitedCastle v Crown Prosecution Service Admn 24-Jan-2014
The defendant appealed from his conviction for having driven in excess of a variable speed limit on the motorway. He said that the Order under which the speed limit had been imposed was irregular. . .
CitedBourgass 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 . .
CitedAdams, Regina v (Northern Ireland) SC 13-May-2020
Secretary of State alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 23 November 2022; Ref: scu.200648

ex parte Wilkins: 2000

The rules requiring consistency of decisions does not require a decision-maker to repeat what he sees to be a past error.

Judges:

Moses J

Citations:

CO 4676/2000

Jurisdiction:

England and Wales

Cited by:

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

Administrative

Updated: 23 November 2022; Ref: scu.199758

Regina (Asha Foundation) v Millenium Commission: CA 16 Jan 2003

The applicant had applied for funding to the Millennium Commission. It now appealed a refusal to order the respondent to give full reasons for its decision.
Held: The applicant requested what it called meaningful reasons. The importance of giving reasons for an administrative decision was correctly emphasised, but that did not extend indefinitely, and must be balanced against issues of practicality. Where a decision had been reached by a majority of a committee it would not normally assist to identify the several views of committee members. A duty existed here, but the question was then what standard or extent of reasons were to be given. The same logic should continue to be applied when assessing what extent of explanation should be applied. The applicant sought to place an undue burden on the respondent. It was sufficient for them to have said that other applications were preferred.

Judges:

Woolf LCJ, Hale, Latham LJJ

Citations:

Times 24-Jan-2003, Gazette 20-Mar-2003, [2003] EWCA Civ 88

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Universities Funding Council ex parte Institute of Dental Surgery QBD 30-Jul-1993
When considering whether a disciplinary board should have given reasons, the court may find the absence critical ‘where the decision appears aberrant’. ‘the giving of reasons may among other things concentrate the decision-maker’s mind on the right . .
Appeal fromAsha Foundation, Regina (on the Application of) v The Millennium Commission Admn 14-May-2002
The appellant challenged the decision of the Commission not to award a grant, and alleged that the failure to give reasons for its decision vitiated that decision.
Held: The commission was not adjudicating on a question of fact, but making a . .

Cited by:

Appealed toAsha Foundation, Regina (on the Application of) v The Millennium Commission Admn 14-May-2002
The appellant challenged the decision of the Commission not to award a grant, and alleged that the failure to give reasons for its decision vitiated that decision.
Held: The commission was not adjudicating on a question of fact, but making a . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 23 November 2022; Ref: scu.178778

Regina v Immigration Appeal Tribunal, Ex parte Bakhtaur Singh: HL 1986

The claimant’s appeal against the decision of the Secretary of State to deport him failed before the adjudicator. The Immigration Appeal Tribunal refused leave to appeal to that Tribunal. He sought judicial review of that refusal. The issue was whether the ‘public interest’ in paragraph 154 of the Immigration Rules could include the interests of the Sikh community as well as the public interest in maintaining effective immigration control. Once again, the adjudicator had considered himself bound by dicta in an earlier High Court case.
Lord Bridge said that the Immigration Rules themselves are quite unlike ordinary delegated legislation, but: ‘are discursive in style, in part merely explanatory and, on their face, frequently offer no more than broad guidance as to how discretion is to be exercised in different typical situations. In so far as they lay down principles to be applied, they generally do so in loose and imprecise terms.’

Judges:

Lord Bridge

Citations:

[1986] 1 WLR 910

Jurisdiction:

England and Wales

Citing:

CitedRegina v Immigration Appeal Tribunal, ex parte Darsham Singh Sohal QBD 1981
. .

Cited by:

CitedCart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
CitedCart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 20 November 2022; Ref: scu.442728

Simpsons Motor Sales (London) Ltd v Hendon Corporation: HL 1964

The plaintiff complained of an attempt by the defendant local authority to enforce in October 1958 a CPO made several years earlier. He obtained at first instance an injunction to restrain the local authority from proceedings on the basis of an increase in land values between times. The Court of Appeal reversed the first instance decision.
Held: The appeal failed. Delay by the acquiring authority in acquiring the land is not a sufficient ground to disentitle it from proceeding to acquisition if it was based on good conscience unless those seeking the relief can establish bad faith or or that the owners or those seeking the relief have been placed in an unfair position because of the long period which has elapsed since the service of the notice to treat. However, where a body has a power of compulsory acquisition which is expressed or limited by reference to a particular purpose, then it is not legitimate for the body to seek to use the power for a different or collateral purpose.
Lord Evershed accepted that there might be circumstances where a court could interfere, such as where to permit the local authority to enforce its rights under the CPO would: ‘be against good conscience. In order to achieve such a result it seems to me that it would be necessary to show one or both of the following: that there had been on the part of the Corporation, something in the nature of bad faith, some misconduct, some abuse of their powers: that there had been on the part of Simpsons some alteration of their position – something must have been done or not have been done by them on the faith and in the belief that there would be a speedy acquisition of the North road site: in other words, that they had in some sense been put into an unfair position because of the long period which had elapsed since the service of the notice to treat’.

Judges:

Lord Evershed

Citations:

[1964] AC 1088

Jurisdiction:

England and Wales

Citing:

Appeal fromSimpsons Motor Sales (London) Ltd v Hendon Corporation (No 1) CA 1962
The use of land purchased under compulsory powers for a different purpose was ultra vires, but did not undermine the original notice to treat. There was no reason not to use a compendious description of the range of purposes for which land was to be . .

Cited by:

CitedSainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
At HLSimpsons Motor Sales (London) Ltd v Hendon Corporation 1965
The paying party under an order for costs objected to the amount of leadig counsel’s fees.
Held: Pennycuick J discussed Rule 28(2) and the Smith -v- Bullins Case: ‘The words ‘or proper for the attainment of justice or for enforcing or . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative

Updated: 19 November 2022; Ref: scu.414938

Secretary of State for Social Security and Another v Harmon and Another: CA 5 Jun 1998

Citations:

[1998] EWCA Civ 920, [1999] 1 WLR 163

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoSecretary of State for Social Security v Harmon SSCS 5-Jun-1998
. .

Cited by:

CitedFarley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2) HL 28-Jun-2006
Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 19 November 2022; Ref: scu.144399

First Secretary of State and Another v Sainsbury’s Supermarkets Ltd: CA 2 Nov 2007

Judges:

Mummery LJ, Keene LJ, David Richards J

Citations:

[2007] EWCA Civ 1083

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromMR Dean and Sons (Edgware) Ltd v First Secretary of State, West End Green (Properties) Ltd Admn 11-Jan-2007
. .
AppliedClarke Homes Ltd v Secretary of State for the Environment CA 1993
On a challenge as to the adequacy of the reasons given for a planning decision: ‘I hope I am not over-simplifying unduly by suggesting that the central issue in this case is whether the decision of the Secretary of State leaves room for genuine as . .

Cited by:

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

Planning, Administrative

Updated: 19 November 2022; Ref: scu.261313

Regina v Secretary of State for Home Department ex parte Behluli: CA 7 May 1998

The appellant argued that he had a legitimate expectation, based on letters to his solicitor from the Secretary of State, that his application for asylum would be considered pursuant to the Dublin Convention, an unincorporated international treaty.
Held: The appeal was dismissed: ‘The extent to which statements could found a legitimate expectation depended upon the circumstances in which they were made: whether, reasonably construed, they could be taken as propounding a policy, or were merely statements applicable to particular cases or classes of cases. Regard had to be given to the background against which they were made and, if made against the background of statutory provisions, to the terms of the Act and any relevant rules.’

Citations:

[1998] EWCA Civ 788, [1998] IAR 407

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Secretary of State for Home Department ex parte Milazim Behluli Admn 8-Apr-1998
. .

Cited by:

Appealed toRegina v Secretary of State for Home Department ex parte Milazim Behluli Admn 8-Apr-1998
. .
CitedEuropean Roma Rights Centre and others v Immigration Officer at Prague Airport and Another CA 20-May-2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 18 November 2022; Ref: scu.144266

Dowland v The Architects Registration Board: Admn 19 Apr 2013

Te clamant had lost his request to be re-instated to the register of architects. He appealed saying that the respondent was limited, when asked such a question, to considering issues of competence. He had been made bankrupt, and found to havesold land at an undervalue in a attempt to defeat his creditors.
Held: The appeal failed. The Board was not limited in the way suggested. It had a wide discretion, though that discretion had to be used in a judicial and reasonable manner.

Judges:

Simon J

Citations:

[2013] WLR(D) 148, [2013] EWHC 893 (Admin)

Links:

Bailii, WLRD

Statutes:

Architects Act 1997

Administrative

Updated: 17 November 2022; Ref: scu.472827

Regina (Loudon) v Bury School Organisation Committee: Admn 2002

Lightman J said: ‘The distinction between (disqualifying) pecuniary interests and (non-disqualifying) potential pre-judgment arising from prior publicly stated views in the case of administrative bodies . . is well-established: see e.g. R v SSE ex p Kirkstall Valley Campaign [1996] 3 All ER 305. This accords with well established law in the local authority field where it has long been held that political application and party loyalty and a party whip do not disqualify: see Baxter’s case and R v Bradfield MCC ex p Wilson [1989] 3 All ER 140.’

Judges:

Lightman J

Citations:

[2002] EWHC 2749 (Admin)

Jurisdiction:

England and Wales

Citing:

CitedRegina v Secretary of State for the Environment and Another Ex Parte Kirkstall Valley Campaign Ltd QBD 20-Mar-1996
The rules as to the disqualification of a decision maker for bias were not limited in scope to judicial decisions. . .

Cited by:

CitedIsland Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council Admn 25-Aug-2006
The claimant applied for a review of a decision by the respondent council not to sell it land.
Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 17 November 2022; Ref: scu.244707

Mohammed, Regina (on the Application of) v Secretary of State for Defence: CA 1 May 2007

In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was captured and became a prisoner of war of the Japanese. He accepted that he did not meet the criteria in the statement, but submitted that the criteria in that policy were racially discriminatory.
Held: The relevant question was what was the ground upon which the distinction was made in the scheme. The judge was right to conclude that the distinction made in the present case was ‘on the grounds of’ nationality and not race. The claim failed.

Judges:

Ward LJ, Latham LJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 1023

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedThe 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 . .
CitedElias, Regina (on the Application of) v Secretary of State for Defence and Another Admn 7-Jul-2005
. .
CitedGurung, Pun and Thapa v Ministry of Defence QBD 27-Nov-2002
The applicants were British Nepalese soldiers who had been imprisoned by the Japanese in the second world war. They challenged the decision of the respondent in November 2000 to exclude them from a compensation scheme, but to allow other British . .
CitedRegina v Birmingham City Council ex parte Equal Opportunities Commission HL 1989
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination.
CitedHampson v Department of Education and Science HL 7-Jun-1990
A teacher of Hong Kong national origin was refused qualified teacher status in this country because the Secretary of State had not exercised a power conferred on him by the relevant regulations to treat her Hong Kong qualifications as equivalent to . .
CitedRegina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
CitedSwiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
CitedJames v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
CitedChief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Appeal fromMohammed, Regina (on the Application of) v Secretary of State for Defence Admn 11-Aug-2006
Claim for payment under ex gratia compensation scheme for service members imprisoned during second world war. . .
Lists of cited by and citing cases may be incomplete.

Armed Forces, Discrimination, Administrative

Updated: 14 November 2022; Ref: scu.251576

Healthcare At Home Ltd v The Common Services Agency: SCS 21 Mar 2013

Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor.

Judges:

Lord Justice Clerk, Lord Clarke, Lady Smith

Citations:

[2013] ScotCS CSIH – 22

Links:

Bailii

Statutes:

Scottish Health Service (National Health Service (Scotland) Act 1978 10(1), Directive 2004/18/EC

Jurisdiction:

Scotland

Citing:

Outer HouseHealthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011
Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd. . .
Outer House (2)Healthcare At Home Ltd v The Common Services Agency SCS 1-May-2012
Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. . .

Cited by:

Inner HouseHealthcare 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: 14 November 2022; Ref: scu.472122

Regina (Tamil Information Centre) v Secretary of State for the Home Department: Admn 18 Oct 2002

The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated.
Held: The evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore involved an improper delegation of the respondents powers. It was not justified as a legitimate way of achieving the respondents targets. A licence to discriminate should be expected to be subject to strict control, and parliament had intended that it be exercised by the respondent personally.

Judges:

Forbes J

Citations:

Times 30-Oct-2002, Gazette 14-Nov-2002, [2002] EWHC 2155 (Admin)

Links:

Bailii

Statutes:

Race Relations Act 1976 19D, Race Relations (Amendment) Act 2000 1

Jurisdiction:

England and Wales

Administrative, Immigration, Discrimination

Updated: 14 November 2022; Ref: scu.177842

Stirling, Regina (on The Application of) v London Borough of Haringey: CA 22 Feb 2013

The applicant sought judicial review of the approach taken by the respondent to the Council Tax reduction scheme, following the abolition of Council Tax Benefit. They now appealed against rejection of that challenge.
Held: The appeal failed. There is no general requirement that a consultation must present information about options that it has already been decided not to entertain.

Judges:

Sir Terence Etherton Ch, Sullivan, Pitchford LJJ

Citations:

[2013] EWCA Civ 116, [2013] PTSR 1285

Links:

Bailii

Statutes:

Welfare Reform Act 2012

Jurisdiction:

England and Wales

Citing:

Appeal fromM and S, Regina (on The Application of) v London Borough of Haringey Admn 7-Feb-2013
The claimants challenged changes to the system of housing benefits.
Held: The claims were dismissed. . .

Cited by:

CitedBancoult, 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 . .
Lists of cited by and citing cases may be incomplete.

Rating, Benefits, Administrative

Updated: 14 November 2022; Ref: scu.471165

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 to manage it.
No legitimate expectation had been created, and indeed public documentation was contrary to the expectation claimed.
The claimants had failed to demonstrate any conspicuous unfairness: ‘Ofqual could not remedy any unfairness between the January and June cohorts without creating further unfairness elsewhere. The 2012 students would have been assessed more leniently than students in earlier years. In addition, there would have been students being assessed for units in June 2012 who would have been qualifying in June 2013. They could not in fairness be assessed more strictly than others assessed in June 2012 but qualifying in that year. But if they were assessed in this more favourable manner it would mean that the unfairness now felt by the current June 2012 students would be similarly experienced by the cohort taking these units in June 2013, comparing themselves with those qualifying on the same date who had completed the relevant units in June 2012. ‘
and ‘the examiners in June made assessments which they thought fairly reflected the standard of the scripts. In the light of the fuller information then available to them, their judgments were more accurate and more reliable than the January assessments. Wider concerns about creating unfairness as between those qualifying in different years, and the need to retain the value of the qualification, strongly militated against applying the January grades to the June assessments (even with such modification as may have been necessary to account for more lenient marking) to the June assessments. There was no obligation to extend the generosity of January to June; on the contrary, there was every reason to correct the earlier erroneous standard. There was no unfairness, conspicuous or otherwise, in what they did.’

Judges:

Elias LJ, Sharp J

Citations:

[2013] EWHC 211 (Admin)

Links:

Bailii

Citing:

CitedRegina 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 . .
CitedRegina (Niazi) v Secretary of State for the Home Department CA 9-Jul-2008
The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates.
Held: The simple . .
CitedRegina v Commissioners of Inland Revenue, ex parte Unilever plc CA 1996
The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .
CitedRegina v The National Lottery Commission ex parte Camelot Group Plc Admn 21-Sep-2000
The Commission had considered bids tendered in open competition to run The National Lottery. Neither of the two candidates who entered bids was considered to have satisfied all the criteria necessary to be given the relevant licence. The Commission . .
CitedClark v University of Lincolnshire and Humberside CA 14-Apr-2000
A student had been failed after being falsely accused of cheating, but the academic review board, on remarking the paper marked it as zero.
Held: Where a University did not have the supervisory jurisdiction of a visitor, a breach of contract . .
CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
CitedHampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
CitedTate and Lyle Sugars Ltd v Secretary of State for Energy and Climate Change and Another CA 3-Jun-2011
The company had developed a means of generating electricity from their excess sugar supplies, and challenged the support given to it by the respondent and in particular that the 2009 Order allowed the respondent to favour some types of energy . .
CitedBailey and Others, Regina (on The Application of) v London Borough of Brent Council and Others CA 19-Dec-2011
Appeal against failure of challenge to decision to close public libraries. . .
CitedGreenwich Community Law Centre, Regina (on The Application of) v Greenwich London Borough Council CA 24-Apr-2012
The Centre appealed from rejection of its claim for judicial review of the defendant’s decision to discontinue financial support for the Centre. . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 14 November 2022; Ref: scu.470948

Ryder, Regina (on the Application of) v The Registrar of Births, Marriages and Deaths: Admn 20 Jun 2002

Gilliatt The claimant was born in 1949 with barely formed male genitalia. He was registered at birth as a male child. He lived for some of his life as a male and for some time as a female until he underwent gender reassignment surgery in 1999, since which time the claimed lived life entirely as a female. An application to have the birth certificate amended to reflect the gender change was refused by the Registrar. S 29(1) of the Births and Deaths Registration Act 1953 forbids unauthorised alterations of the register which must include the sex of the child. The court followed previous cases when it was decided that the register is a historical record. It accurately recorded the fact of gender at birth and the current case law did not allow amendment (appeal to the House of Lords pending in the case of Bellinger). Unless the House of Lords decided otherwise or Parliament provided otherwise, the claimant could not succeed in having the birth register amended.

Judges:

Mr Justice Lightman

Citations:

[2002] EWHC 1191 (Admin)

Links:

Bailii

Statutes:

Births and Deaths Registration Act 1953 29(1)

Jurisdiction:

England and Wales

Administrative, Family

Updated: 13 November 2022; Ref: scu.174981

Attorney-General v Blake: CA 16 Dec 1997

A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest.
Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.

Judges:

Lord Woolf M.R., Millett and Mummery L.JJ

Citations:

Times 22-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3008, [1998] Ch 439, [1998] EMLR 309, [1998] 1 All ER 833

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromAttorney General v Blake ChD 23-Apr-1996
The Crown claimed that in writing a book and authorising its publication, Blake, a former security services employee, was in breach of fiduciary duties he owed to the Crown.
Held: Blake was not to be prevented from earning money from the . .

Cited by:

CitedArklow Investments Ltd and Another v Maclean and Others PC 1-Dec-1999
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Employment

Updated: 13 November 2022; Ref: scu.180885

ZS (Jamaica) and Another v Secretary of State for The Home Department: CA 13 Dec 2012

On a review of the legality of the Home Secretary’s application of a policy, the nature of the review is the traditional public law inquiry into whether the application of it was rational.

Citations:

[2012] EWCA Civ 1639

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedO, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Apr-2016
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 12 November 2022; Ref: scu.467103

Asha Foundation, Regina (on the Application of) v The Millennium Commission: Admn 14 May 2002

The appellant challenged the decision of the Commission not to award a grant, and alleged that the failure to give reasons for its decision vitiated that decision.
Held: The commission was not adjudicating on a question of fact, but making a complex assessment of competing interests. That decision was an exercise of a subjective judgement, and as such was not properly susceptible to judicial review. The commission need not give a detailed explanation of its reason, but need only state the main reason.

Citations:

Times 06-Jun-2002, Gazette 06-Jun-2002, Gazette 20-Jun-2002, [2002] EWHC 916 (Admin)

Links:

Bailii

Statutes:

National Lottery etc Act 1991 41

Jurisdiction:

England and Wales

Citing:

Appealed toRegina (Asha Foundation) v Millenium Commission CA 16-Jan-2003
The applicant had applied for funding to the Millennium Commission. It now appealed a refusal to order the respondent to give full reasons for its decision.
Held: The applicant requested what it called meaningful reasons. The importance of . .

Cited by:

Appeal fromRegina (Asha Foundation) v Millenium Commission CA 16-Jan-2003
The applicant had applied for funding to the Millennium Commission. It now appealed a refusal to order the respondent to give full reasons for its decision.
Held: The applicant requested what it called meaningful reasons. The importance of . .
Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review

Updated: 12 November 2022; Ref: scu.172255

Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997

The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection.
Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it was an unsafe development. The highway did not have continuing independent discretion to refuse to enter into the section 278 agreement.
Simon Brown LJ stated that ‘because of its independence and because of the process by which it is arrived at’, the inspector’s conclusion had become ‘the only properly tenable view on the issue of road safety’.

Judges:

Simon Brown LJ, Otton LJ, Mummery LJ

Citations:

[1997] EWCA Civ 2280, (1997) 96 LGR 617

Links:

Bailii

Statutes:

Highways Act 1980 278

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Warwickshire County Council Ex Parte Powergen Plc QBD 9-Jan-1997
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled . .
Leave to Appeal grantedRegina v Warwickshire County Council ex parte Powergen Plc CA 30-Apr-1997
Application for leave to appeal – interaction of planning system and section 278. . .
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
CitedRegina v Secretary of State for the Home Department Ex Parte Onibiyo CA 28-Mar-1996
More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of . .
CitedDirector of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .

Cited by:

CitedPortsmouth City Football Club v Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD 17-Sep-2003
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
CitedEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 09 November 2022; Ref: scu.142677

Modahl v British Athletic Federation Limited: CA 28 Jul 1997

Lord Woolf MR said: ‘The question of whether a complaint about the conduct of a disciplinary committee gives rise to a remedy in public law or private law or is often difficult to determine. However the complaint in both cases would be based on an allegation of unfairness. While in some situations public and private law principles can differ, I can see no reason why there should be any difference as to what constitutes unfairness or why the standard of fairness required by an implied term should differ from that required of the same tribunal under public law.’
Latham LJ referred to a number of the earlier authorities on the court’s power to grant remedies against domestic tribunals, and continued: ‘However this particular debate has been resolved, certainly in this court, in Nagle v Fielden . . in which the court unanimously held that, where a man’s right to work was in issue, a decision of a domestic body which affected that right could be the subject of a claim for a declaration and an injunction even where no contractual relationship could be established.”

Judges:

Lord Woolf MR, Latham LJ

Citations:

[1997] EWCA Civ 2209, [2002] 1 WLR 1192

Jurisdiction:

England and Wales

Cited by:

Appeal fromModahl v British Athletics Federation HL 23-Jul-1999
An athlete’s governing body was not in breach of contract to a member athlete by suspending her in accordance with its rules after a positive drug test. It was accepted that the faults in the registration of the drug testing centre with another . .
CitedMcKeown v British Horseracing Authority QBD 12-Mar-2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. . .
CitedBradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
CitedChambers v British Olympic Association QBD 18-Jul-2008
The claimant, a former Olypmic sprinter had now competed a ban after being found to have taken banned drugs. He had returned to the sprort but now challenged the policy of the respondent not to allow for consideration of the Olympic team, athletes . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 November 2022; Ref: scu.142606

Andreou v Institute of Chartered Accountants In England and Wales: CA 25 Jul 1997

The appeallant having been found guilty in professional disciplinary proceedings sought to appeal, but was refused by the defendant saying that it had no discretion to extend the time for an appeal.
Held: The Institute exercised its disciplinary jurisdiction for the public as a whole and not merely as part of a contractual relationship with its members. The plaintiff’s action should therefore have been begun as a public law matter under judicial review, and not as a private contractual duispute.

Citations:

[1997] EWCA Civ 2189, [1998] 1 All ER 14

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedCoke-Wallis, Regina (on The Application of) v Institute of Chartered Accountants In England and Wales SC 19-Jan-2011
The appellant chartered accountant had been convicted in Jersey after removing documents from his offices relating to a disputed trust and in breach of an order from his professional institute. The court now considered the relevance and application . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 November 2022; Ref: scu.142586

Kelly v Commissioner of Police for Metropolis: CA 22 Jul 1997

Some forms used by police in reports to the Crown Prosecution Service attract public interest immunity from disclosure in an action against police. Public Interest Immunity is not subject to distinction between task of investigating a complaint and of reporting an investigation.

Citations:

Gazette 03-Sep-1997, Times 20-Aug-1997, [1997] EWCA Civ 2160

Jurisdiction:

England and Wales

Administrative, Police, Litigation Practice

Updated: 09 November 2022; Ref: scu.82714

Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997

The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of fraudulent or dishonest or violent estate agents.

Judges:

Beldam LJ, Kennedy and Aldous LJJ

Citations:

Gazette 17-Sep-1997, Times 03-Oct-1997, [1997] EWCA Civ 2282, [1998] QB 948, [1998] 1 All ER 997

Links:

Bailii

Statutes:

Estate Agents Act 1979 3(2)(a)

Jurisdiction:

England and Wales

Cited by:

CitedGeneral Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
CitedWright 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative, Consumer

Updated: 09 November 2022; Ref: scu.77822

Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997

Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, ‘functionaries’) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.’ The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.

Citations:

Times 02-May-1997, [1997] EWCA Civ 1433, (1997) 111 ILR 611

Statutes:

State Immunity Act 1978 14(1)

Jurisdiction:

England and Wales

Citing:

At QBDRegina v Central Criminal Court Ex Parte Propend Finance Pty Ltd and Others QBD 17-Mar-1994
A Home Secretary requesting warrants must be specific on the type he required. It was his duty, and not that of the police to state the method of seizure of documents for use in a foreign jurisdiction. A judge making an order should give reasons for . .

Cited by:

CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
CitedJones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Administrative, International

Updated: 06 November 2022; Ref: scu.85060

Dr Adoko v Law Society: CA 7 Mar 1997

The appellant had complained to the Employment Tribunal alleging race discrimination by the Respondent. That claim had failed, and several appeals had also failed. The claim alleged indirect discrimination, and the respondent admitted unwitting indirect discrimination, and accordingly no damages were payable. Because of his manner of conduct of the proceedings, including disclosure of matters he had undertaken to keep confidential, and the introduction of late amendments, costs were ordered against him. The complainant also attacked the manner of conduct of the proceedings. There were no grounds to review the decisions.

Judges:

Lord Justice Waite, Lord Justice Phillips

Citations:

[1997] EWCA Civ 1187

Statutes:

Race Relations Act 1976 12(1)

Jurisdiction:

England and Wales

Legal Professions, Administrative, Discrimination

Updated: 06 November 2022; Ref: scu.141583

In Re L (a Minor) (Adoption: Disclosure of Information): CA 12 Dec 1996

A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant’s adopted daughter P, who had been made the subject of an adoption order very many years ago.
Held: A clear benefit to an adopted child is needed, before any disclosure is to be made to the natural parent. The words of section 50(5) were mandatory, and disclosure should be given in only exceptional cases.

Citations:

Gazette 29-Jan-1997, Times 09-Jan-1997, [1996] EWCA Civ 1195, [1997] 2 WLR 739, [1998] Fam 19, [1997] 1 FLR 715, [1997] 2 FCR 240, [1997] Fam Law 315

Links:

Bailii

Statutes:

Adoption Act 1976 50(5)

Jurisdiction:

England and Wales

Citing:

CitedRe H (Adoption: Disclosure of Information ) 1995
An application was made by the sister of an adopted child for disclosure of the records held in order to allow her to make contact and to warn her of the fact that she might have an inherited genetic disease.
Held: The jurisdiction to grant . .
Lists of cited by and citing cases may be incomplete.

Adoption, Administrative, Adoption

Updated: 04 November 2022; Ref: scu.141063

Regina v Press Complaints Commission and Stewart-Brady (By Next Friend Kerr): CA 18 Nov 1996

Judicial review of a decision of the Press Complaints Commission was not appropriate.

Citations:

Times 22-Nov-1996, [1996] EWCA Civ 986, (1996) 9 Admin LR 274, [1997] EMLR 185

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedRegina on the Application of Anna Ford v The Press Complaints Commission Admn 31-Jul-2001
The complainant had been photographed wearing a bikini, whilst on holiday by a photographer using a long lens. She had been on a quiet part of public beach. She complained to the Press Complaints Commission who rejected her complaint. The rules . .
Lists of cited by and citing cases may be incomplete.

Media, Administrative

Updated: 03 November 2022; Ref: scu.140853

Azarov v Council (Judgment): ECFI 16 Dec 2020

Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies to which the freezing of funds and economic resources applies – Retention of the applicant’s name on the list – Obligation of the Council to verify that the decision of an authority of a third State has been taken in compliance with the rights of the defense and the right to effective judicial protection ‘

Citations:

ECLI:EU:T:2020:611, T-286/19, [2020] EUECJ T-286/19

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 03 November 2022; Ref: scu.660695

Souruh v Council (Judgment): ECJ 1 Oct 2020

Appeal – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against certain persons and entities carrying on their activities in Syria – List of persons and entities to which the freezing of funds applies and economic resources – Inclusion of the applicant’s name – Action for annulment

Citations:

C-350/19, [2020] EUECJ C-350/19P, ECLI:EU:C:2020:784

Links:

Bailii

Jurisdiction:

European

Administrative, International

Updated: 01 November 2022; Ref: scu.660620

SXM, Regina (on The Application of) v The Disclosure and Barring Service: Admn 17 Mar 2020

Claim for judicial review of a refusal by the defendant, the Disclosure and Barring Service to inform the claimant, SXM, whether or not the interested party, TXJ, had been placed on the list of persons barred from engaging in regulated activity relating to children

Judges:

Lord Justice Flaux and Mr Justice Lewis

Citations:

[2020] EWHC 624 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 01 November 2022; Ref: scu.649128

Secretary of State for the Home Department v Regina (on the Application of) AA (Afghanistan): CA 22 Nov 2006

The claimant had sought asylum. He said that the respondent’s delay in processing his claim had caused him prejudice and had successfully obtained a review of the decision to remove him to Austria to have his claim decided there.
Held: The Home Secretary’s appeal succeded: ‘while the secretary of state’s delay was deplorable and unexplained the court could not quash the removal directions in order to punish or discipline the Home Office.’

Judges:

Lord Justice May, Lord Justice Laws and Lord Justice Gage

Citations:

[2006] EWCA Civ 1550, Times 29-Nov-2006

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Administrative

Updated: 31 October 2022; Ref: scu.246728

Barker v London Borough of Bromley: Admn 23 Nov 2001

The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. Did an outline permission and subsequent approval of reserved matters require an environmental impact assessment?
Held: The Directive was to be interpreted so as to give it a wide scope. The reserved matters would affect the appearance of the site. The 1988 Regulations would not require an assessment for approval of reserved matters. Nevertheless the Directive did not require assessments at each stage of a permission. There is no lacuna in the Regulations.

Judges:

Lord Justice Brooke Lord Justice Latham And Mr Justice Burton

Citations:

[2001] EWHC Admin 1038, [2000] Env LR 1

Links:

Bailii

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, Directive 85/57/EEC

Jurisdiction:

England and Wales

Citing:

CitedRegina v North Yorkshire County Council, ex parte Brown and Another HL 12-Feb-1999
When a mineral planning authority set conditions on the continued operation of a quarry which had been operating since pre-1947, that decision was a development consent, and it required to be supported by an environmental impact assessment, since it . .
CitedBerkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .

Cited by:

Appeal fromBarker, Regina (on the Application of) v London Borough of Bromley CA 23-Nov-2001
The court considered when time began to run for an application for judicial review where the question arose in the context of an outline planning permission granted subject to the approval of reserved matters.
The claimant challenged proposed . .
Lists of cited by and citing cases may be incomplete.

Administrative, Planning, European

Updated: 31 October 2022; Ref: scu.169844

Stevenage Borough Football Club Limited v Football League Limited: CA 6 Aug 1996

Unfair changes to the rules for the promotion of sports clubs between leagues could not be challenged retrospectively after the team in question had impliedly accepted the rules. An injunction granted may within a sporting league context have unfair consequences on others not party to the proceedings.

Judges:

Hobhouse, Millett, Swinton-Thomas LJJ

Citations:

Times 09-Aug-1996, [1996] EWCA Civ 569, [1996] EWCA Civ 570

Jurisdiction:

England and Wales

Citing:

Appeal fromStevenage Borough Football Club Ltd v The Football League Ltd ChD 1-Aug-1996
The Football League is a body subject to judicial review, since it exercises its control over members in the public interest. . .

Cited by:

CitedMcKeown v British Horseracing Authority QBD 12-Mar-2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. . .
CitedSankofa and Another v The Football Association Ltd ComC 12-Jan-2007
The claimant sought an injunction to order the defendant football association from preventing him playing on a football match. He had been sent off and was subject to an automatic additional one match ban. He sought to exercise a right under the . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 31 October 2022; Ref: scu.140436

Syriatel Mobile Telecom v Council (Judgment): ECJ 1 Oct 2020

Appeal – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against certain persons and entities carrying on their activities in Syria – List of persons and entities to which the freezing of funds applies and economic resources – Inclusion of the applicant’s name – Action for annulment

Citations:

C-159/19, [2020] EUECJ C-159/19P, ECLI:EU:C:2020:779

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 31 October 2022; Ref: scu.660624

H and Another v A City Council and Another: Admn 12 Mar 2010

The claimant was a convicted sex offender, but was also involved in a disability rights organisation. He now challenged the respondent authority’s decision to disclose his status and the fact of a new prosecution for a similar offence, to the organisation and to the personal assistants provided to him.

Judges:

Langan QC J

Citations:

[2010] EWHC 466 (Admin), (2010) 13 CCL Rep 478, [2010] BLGR 662

Links:

Bailii

Jurisdiction:

England and Wales

Information, Administrative

Updated: 31 October 2022; Ref: scu.402620

Secretary of State for Work and Pensions v Nelligan: CA 15 Apr 2003

The claimant qualified potentially for a pension based upon her own Class B contributions, or a category A pension. The Class B pension and requested that it be backdated.
Held: She could claim one pension but not both. The pension entitlement under the 1992 Act was dependent upon a claim being made. She could not backdate her claim. A construction of section 43 to allow this could not have been intended by Parliament. The section imposed no duty to backdate and no duty to advise her of the possibility.

Judges:

Kennedy, Scott Baker LJJ Blackburne J

Citations:

Times 23-Apr-2003, [2003] EWCA Civ 555, Gazette 03-Jul-2003, [2004] 1 WLR 894

Links:

Bailii

Statutes:

Social Security Administration Act 1992 1(1), Social Security Contribution and Benefits Act 1992 43(5)

Jurisdiction:

England and Wales

Benefits, Administrative

Updated: 31 October 2022; Ref: scu.181037

Kind, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Mar 2021

his application for judicial review the Claimant challenges the rationality of the Defendant’s decision to refuse security clearance, the procedural fairness of the decision-making process, and its conformity with Article 8 of the Convention.

Citations:

[2021] EWHC 710 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, Administrative

Updated: 31 October 2022; Ref: scu.660062