Category: Administrative

Azienda Sanitaria Locale Di Lecce v Ordine Degli Ingegneri Della Provincia Di Lecce: ECJ 19 Dec 2012

ECJ (Grand Chamber) Public contracts – Directive 2004/18/EC – Article 1(2)(a) and (d) – Services – Study and evaluation of the seismic vulnerability of hospital structures – Contract concluded between two public entities, one of which is a university – Public entity capable of being classified as an economic operator – Contract for pecuniary interest – Consideration not exceeding the costs incurred

V. Skouris, P
C-159/11, [2012] EUECJ C-159/11
Bailii
Directive 2004/18/EC
European

European, Administrative

Updated: 01 November 2021; Ref: scu.468761

FH (Bangladesh) v Secretary of State for the Home Department: CA 13 May 2009

The applicant had entered the UK as a visitor in 1986 but overstayed until 2004. Proceedings for his removal were begun. The claimant said that delay in such proceedings were prejudicial.
Held: The delay of nearly three years in dealing with the application for indefinite leave was undue and produced conspicuous unfairness, in that if it had been processed properly he would have been able to apply under an extra statutory concession which was now unavailable. The appeal was allowed and the case remitted to the AIT for reconsideration.

Maurice Kay LJ
[2009] EWCA Civ 385, Times 18-May-2009
Bailii
England and Wales

Immigration, Administrative

Updated: 01 November 2021; Ref: scu.343054

O’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 prisoner also wrongly accused of the same crime, in the percentage deduction made for their own criminal records.
Held: ‘The award of compensation under section 133 does not prevent an applicant pursuing any civil claim which he may have as a result of his wrongful conviction and punishment (although double recovery will be prevented), but nor does the right to compensation in any way depend on the existence or proof of any delictual wrong recognised by the law. Wrongful conviction and punishment may and often are the result of delinquency on the part of public officials or others, but this is not necessarily so. The Secretary of State makes payment out of public funds to victims of miscarriages of justice not because he or his officials are or are treated as being wrongdoers, but because such victims are recognised as having suffered what may (as here) be a great injury at the hands of the state and it is accepted as just that the state, representing the public at large, should make fair recompense. ‘
‘It is in my opinion inapt and understandably offensive to the appellants to regard or treat their imprisonment as a benefit conferred on them by the state. . . But recognition of that principle does not . . . resolve the issue in this appeal. The assessor’s task, in relation to the appellants’ loss of earnings claim, was to assess what they had really lost. That, and that only, was the loss for which they were to be compensated. The assessment has necessarily to be hypothetical, but must be as realistic as possible.’
As to the disparity between the treatment of the defendants, the differences in their records could not be ignored: ‘in any assessment of the non-pecuniary loss suffered by any wrongly-imprisoned claimant: it is of the highest relevance that a claimant would have been in prison in any event or had a very bad criminal reputation independently of the offence of which he was unjustly convicted. ‘
Lord Rodger of Earlsferry, dissenting, said: ‘Section 5 is designed to deal with an injured person’s maintenance while necessarily living in a caring institution for the purposes of treatment. I am by no means satisfied that Parliament would ever have envisaged that it would be extended by analogy to cover a prisoner’s maintenance while unjustifiably detained in a prison for the purposes of punishment. Indeed, at this point the assessor’s approach meets what I consider to be an insuperable objection. In the situation envisaged by Parliament, and indeed in all the situations where the courts have allowed a deduction for basic living costs, by the time the supposed saving occurs the defendant has already injured, but is no longer injuring, the claimant. The wrong is over and done with, even though its effects remain. Parliament provides that any savings which then accrue to the injured person, while he is being maintained at public expense in an institution providing treatment to remove or palliate those effects, are to be set off against any loss of earnings. By contrast, in the appellants’ situation the wrong was not over and done with when they were being maintained at public expense and the supposed savings accrued to them. On the contrary, their enforced but unjustified maintenance in prison at public expense for years on end is the very worst part of the injury which has been done to them and for which they are entitled to compensation. The actual infliction of the continuing wrong and the supposed saving are inextricably linked, just as they would be in the case of a prolonged kidnapping. ‘
Lord Bingham of Cornhill said: ‘It is generally desirable that decision-makers, whether administrative or judicial, should act in a broadly consistent manner. If they do, reasonable hopes will not be disappointed. But the assessor’s task in this case was to assess fair compensation for each of the appellants. He was not entitled to award more or less than, in his considered judgment, they deserved. He was not bound, and in my opinion was not entitled, to follow a previous decision which he considered erroneous and which would yield what he judged to be an excessive award.’

Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood
[2007] UKHL 10, [2007] 2 All ER 833, [2007] 2 WLR 544
Bailii
Criminal Justice Act 1988 4 4A 133, International Covenant on Civil and Political Rights 14(6), Administration of Justice Act 1982 5
England and Wales
Citing:
At first instance – Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor QBD 16-Apr-2003
The claimants were to be awarded damages for having been wrongly imprisoned for many years. The respondent was to calculate the award. They complained that he had refused to particularise the award to identify and itemise non-pecuniary loss.
Appeal from – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Shearman v Folland CA 1950
The injured plaintiff had lived before the accident in hotels to which she paid seven guineas a week for board and lodging. After the accident she spent just over a year in nursing homes at a cost of twelve guineas a week exclusive of medical . .
Cited – British Transport Commission v Gourley HL 1955
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Meah v McCreamer (No 1) QBD 1985
The claimant had suffered serious brain damage as a result of the defendant’s negligence, resulting in a personality change which caused him to commit offences for which he was imprisoned. He sought damages for that imprisonment.
Held: Woolf J . .
Cited – Daish v Wauton CA 1972
The plaintiff, a young child, was seriously injured. In calculating his loss of future earnings, the judge at first instance had made a substantial reduction to reflect the cost of maintaining himself which the child would have incurred if uninjured . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Cited – Lim Poh Choo v Camden and Islington Area Health Authority HL 21-Jun-1979
The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in . .
Cited – Lim Poh Choo v Camden and Islington Area Health Authority HL 21-Jun-1979
The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in . .
Cited – Dews v National Coal Board HL 1988
The plaintiff miner sought damages for an injury suffered at work.
Held: An employee who had been injured at work could not recover unpaid pension contributions, which had no effect on his pension entitlement, as part of his loss of pay while . .
Cited – Hussain v New Taplow Paper Mills Ltd HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
Cited – Toneguzzo-Norvell v Burnaby Hospital 27-Jan-1994
(Supreme Court of Canada) A catastrophically injured plaintiff claimed for loss of earnings both during the period she would live and during the period in which, as result of the injury complained of, she would not live.
Held: It was well . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Regina v Tate CACD 2006
The court considered an appeal against sentence based on the disparity between the treatment of the defendants: ‘The fact that the co-defendant Sheppard appears to have been extremely fortunate is not in our judgment a good reason for imposing a . .
Cited – Regina v Fawcett CACD 1983
The test which to be applied when considering questions of disparity in sentencing between defendants is whether ‘right-thinking members of the public, with full knowledge of all the relevant facts and circumstances, learning of this sentence, . .
Cited – Attorney-General v Wilts United Dairies Ltd CA 1921
The Food Controller had been given power under the Defence of the Realm Acts to regulate milk sales. In granting the dairy a licence to buy milk in Cornwall, Devon, Dorset and Somerset, the Food Controller required the Dairy to pay 2d. per imperial . .
Cited – Regina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
Cited – Shearman v Folland CA 1950
The injured plaintiff had lived before the accident in hotels to which she paid seven guineas a week for board and lodging. After the accident she spent just over a year in nursing homes at a cost of twelve guineas a week exclusive of medical . .
Cited – Watkins v Olafson 1989
(Supreme Court of Canada) The plaintiff sought damages for his injury. He was cared for by the state between the accident and the trial and so had no claim for the cost of care during that period. The Appeal Court (British Columbia) had held that in . .
Cited – Andrews v Grand and Toy Alberta Ltd 1978
(Supreme Court of Canada) The injured plaintiff sought damages for future loss of earnings and for the cost of future care.
Held: Dickson J said: ‘It is clear that a plaintiff cannot recover for the expense of providing for basic necessities . .
Cited – Cooper v Firth Brown Ltd 1963
When calculating losses of earnings, the court must allow for National Insurance contributions which would have had to have been paid by the plaintiff. . .
Cited – Regina v Large CACD 1981
The court considered disparities between sentencing of different defendants in the same case: ‘If there be honour among thieves and armed robbers, let him who has been properly and severely sentenced rejoice in the good fortune of his companion who . .
Cited – Regina v Delaney 1994
The court should be very slow to impose what it regards as anything other than the right sentence simply because it or another court has imposed a ‘wrong’ sentence on a co-defendant: ‘The principle served by this approach is that where right . .
Leave to appeal to CA – Hickey and others v Independent Assessor CA 25-Feb-2004
Application for leave to appeal on measure of award of compensation for long time spent in prison as a result of miscarriage of justice. . .

Cited by:
Cited – Siddall, Regina (on the Application of) v Secretary of State for Justice Admn 16-Mar-2009
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the . .
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .

Lists of cited by and citing cases may be incomplete.

Administrative, Damages, Prisons

Leading Case

Updated: 01 November 2021; Ref: scu.250028

London Borough of Hillingdon and Others, Regina (on the Application of) v The Lord Chancellor and others: Admn 6 Nov 2008

The claimant challenged the substantial increase in court fees in public law children cases in the Fees Orders. The respondent said that the orders were intended to reflect the true costs of such proceedings and that funding had been provided to local authorities to match the increases. The claimants said there had been inadequate consultation and that there was still a shortfall in funding.
Held: The challenge failed. Any common law duty to consult had been displaced by the provisions of the 2003 Act. The defendant had complied with its duties to consult. Further it was not expected that authorities would be affected in performance of their statutory duties by financial considerations. The orders were not irrational, and nor had there been assurances such as to create a legitimate expectation that such orders would not be made.

Dyson LJ, Bennett, Pitchford JJ
[2008] EWHC 2683 (Admin), [2009] CP Rep 13, [2009] 1 FCR 1, [2009] PTSR CS20, [2009] 1 FLR 39, [2009] Fam Law 13, [2009] BLGR 554
Bailii
Magistrates’ Courts Fees Order 2008 (SI 2008/1052), Family Proceedings Fees Order 2008 (SI 2008/1054), Children Act 1989 31, Courts Act 2003 92
England and Wales
Citing:
Cited – Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council HL 12-Dec-1985
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority.
Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political . .
Cited – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another CA 9-Nov-2007
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance . .
Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .

Lists of cited by and citing cases may be incomplete.

Administrative, Children

Updated: 01 November 2021; Ref: scu.277568

Kruse v Johnson: QBD 16 May 1898

The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge which is unfounded, because based upon an ultra vires byelaw or administrative decision, may challenge that decision. Where an authority which is clothed with statutory powers orders something to be done and accompanies this with some sanction or penalty for a failure to do it, this restricts the freedom of action by persons who are affected by it, who would otherwise be free to do as they pleased. Legislation of this kind ought to be supported if possible, looking to the character of the body which is legislating, the subject matter and the nature and extent of the authority which is given to the body to legislate in matters of this kind.
Lord Russell of Killowen said as to powers exercised by private bodies: ‘the court should jealously watch the exercise of these powers, and guard against their unnecessary or unreasonable exercise to the public disadvantage, bearing in mind that their primary purpose is to make money for its shareholders’.
He defined a by-law as: ‘an ordinance affecting the public, or some portion of the public, imposed by some authority clothed with statutory powers ordering something to be done or not to be done, and accompanied by some sanction or penalty for its non-observance.’
As to by-laws, he said that: ‘an oppressive, gratuitous interference with personal rights and freedoms devoid of rational justification would be unreasonable and ultra vires but a by-law was not unreasonable ‘merely because particular judges may think that it goes further than is prudent or necessary or convenient, or because it is not accompanied by a qualification or an exception which some judges may think ought to be there” and ‘[when] called upon to consider the by-laws of public representative bodies clothed with . . ample authority . . and exercising that authority accompanied by . . checks and safeguards . . the consideration of such by-laws ought to be approached from a different standpoint. They ought to be supported if possible. They ought to be, as has been said, ‘benevolently’ interpreted and credit ought to be given to those who have to administer them that they will be reasonably administered . . I think courts of justice ought to be slow to condemn as invalid any by-law so made under such conditions, on the ground of supposed unreasonableness.’
Mathew J (dissenting) included certainty among the conditions of validity of a by-law.

Lord Russell of Killowen CJ, Mathew J
[1898] 2 QB 91, [1895-99] All ER 105, [1898] UKLawRpKQB 101
Commonlii
England and Wales
Cited by:
Cited – Regina v Reading Crown Court, Ex parte Hutchinson QBD 1988
A defendant to a charge brought under a byelaw is entitled to raise the question of the validity of that byelaw in criminal proceedings before magistrates or the Crown Court, by way of defence. There was nothing in the statutory basis of the . .
Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi Admn 25-Oct-1996
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
Cited – Regina v Secretary of State for Environment, Transport and the Regions and Heathrow Airport Limited ex parte Brian Scott and others Admn 30-Mar-1999
The appellants were taxi drivers who said that the byelaw under which they were convicted was invalid, saying that they had not been properly advertised.
Held: ‘the degree of availability of the byelaws is not a reason for impugning the . .
Cited – Newhaven 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 . .
Cited – Broads Authority v Fry Admn 5-Nov-2015
The boat owner had charged tolls against the respondent boat owner. He failed to pay saying that his vessel being moored at a private mooring on ‘adjacent water’ he was not liable. His appeal against his conviction had succeeded at the Crown Court, . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .

Lists of cited by and citing cases may be incomplete.

Administrative, Crime, Local Government

Leading Case

Updated: 01 November 2021; Ref: scu.187071

Local Government Board v Arlidge: HL 1914

A right of appeal against the exercise of a statutory authority requires no general right to an oral hearing before an administrative decision maker, and a hearing on the papers may be perfectly fair for legal purposes.
Lord Shaw said: ‘The words ‘natural justice’ occur in arguments and sometimes in judicial pronouncements in such cases. My Lords, when a central administrative board deals with an appeal from a local authority it must do its best to act justly, and to reach just ends by just means. If a statute prescribes the means it must employ them. If it is left without express guidance it must still act honestly and by honest means. In regard to these certain ways and methods of judicial procedure may very likely be imitated; and lawyer-like methods may find especial favour from lawyers. But that the judiciary should presume to impose its own methods on administrative or executive officers is a usurpation. And the assumption that the methods of natural justice are ex necessitate those of Courts of justice is wholly unfounded. This is expressly applicable to steps of procedure or forms of pleading. In so far as the term ‘natural justice’ means that a result or process should be just, it is a harmless though it may be a high-sounding expression; in so far as it attempts to reflect the old jus naturale it is a confused and unwarranted transfer into the ethical sphere of a term employed for other distinctions; and, in so far as it is resorted to for other purposes, it is vacuous.’

Lord Shaw
[1915] AC 120, [1914-15] All ER 1, 30 TLR 672
England and Wales
Cited by:
Cited – Regina v Army Board of Defence Council, ex parte Anderson QBD 1991
army_anderson1991
Members of the Armed Forces who alleged discrimination did not have access to Industrial Tribunals. The only recourse was to make a service complaint which would then be considered by the Army Board. Anderson complained of race discrimination. His . .

Lists of cited by and citing cases may be incomplete.

Administrative, Natural Justice

Leading Case

Updated: 01 November 2021; Ref: scu.539817

Ambisig v Nersant: ECJ 26 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2004/18/EC – Public service contracts – Conduct of the procedure – Contract award criteria – Qualifications of the staff assigned to performance of the contract

T von Danwitz P
C-601/13, [2015] EUECJ C-601/13, [2015] WLR(D) 145, ECLI:EU:C:2015:204
Bailii, WLRD
Directive 2004/18/EC
European

Administrative

Updated: 01 November 2021; Ref: scu.545355

Padfield 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 compared with prices paid to producers in other regions. The Minister refused to appoint a committee.
Held: The Minister was under a duty to give proper consideration to the question whether to refer the complaint, and any such decision had to be based on good reasons, and consistent with the statutory purpose. The Minister had a discretion so that the real question was how far it was subject to judicial control.
Having summarised the four conventional heads under which the exercise of such a discretion may be attacked, Lord Upjohn said: ‘In practice they merge into one another and ultimately it becomes a question whether for one reason or another the Minister has acted unlawfully in the sense of misdirecting himself in law, that is, not merely in respect of some point of law but by failing to observe the other headings I have mentioned. In the circumstances of this case, which I have sufficiently detailed for this purpose, it seems to me quite clear that prima facie there seems a case for investigation by the committee of investigation. As I have said already, it seems just the type of situation for which the machinery of section 19 was set up, but that is a matter for the Minister. He may have good reasons for refusing an investigation, he may have, indeed, good policy reasons for refusing it . . So I must examine the reasons given by the Minister, including any policy on which they may be based, to see whether he has acted unlawfully and thereby overstepped the true limits of his discretion, or as it is frequently said in the prerogative writ cases, exceeded his jurisdiction. Unless he has done so, the court has no jurisdiction to interfere.’ Lord Upjohn then proceeded to consider the Minister’s various reasons individually and in detail.

Lord Upjohn, Lord Reid, Lord Morris of Borth-y-Gest, Lord Hodson, Lord Pearce
[1968] AC 997, [1968] UKHL 1, [1968] 1 All ER 694, [1968] 2 WLR 924
Bailii
Agricultural Marketing Act 1958
England and Wales
Citing:
Cited – Julius v Lord Bishop of Oxford and Another HL 23-Mar-1880
A statute enacted that with regard to certain charges against any Clerk in Holy Orders it ‘shall be lawful’ for the Bishop of the diocese ‘on the application of any party complaining thereof’ to issue a commission for enquiry.
Held: The words . .
Cited – The King v Mitchell 1913
The court considered the meaning of section 9 of the 1875 Act which read: ‘Where a person is accused before a Court of summary jurisdiction of any offence made punishable by this Act, and for which a penalty amounting to twenty pounds, or . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .

Cited by:
Cited – Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another Admn 31-Oct-2003
The applicants challenged by way of judicial review the way they had been stopped and searched under the Act. They attended a demonstration. The search revealed nothing suspicious. General authorisations for such searches had been issued under the . .
Cited – Office of Fair Trading and others v IBA Health Limited CA 19-Feb-2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties . .
Cited – Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited CA 30-Oct-2002
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell . .
Cited – Regina v Braintree District Council ex parte Halls Admn 2-Jul-1999
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant . .
Cited – Regina on the Application of Fisher v English Nature CA 27-May-2004
The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew.
Held: The defendant’s . .
Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Cited – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – In re Shields HL 6-Feb-2003
(Northern Ireland) The chief constable appealed against a decision that the directions he had given, that officers with poor attendance records for sickness should not be considered for promotion.
Held: The Chief Constable had, following the . .
Cited – The British Beer and Pub Association and others v Canterbury City Council Admn 24-Jun-2005
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy.
Held: One aim of the legislation is to allow licensing authorities to provide a . .
Cited – Langley and others v Liverpool City Council and others CA 11-Oct-2005
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the . .
Cited – M, Regina (on the Application of) v Gateshead Council CA 14-Mar-2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local . .
Cited – 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 . .
Cited – Secretary of State for Justice v Walker; Same v James CA 1-Feb-2008
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had . .
Cited – Electoral Commission, Regina (On the Application of) v City of Westminster Magistrates Court and Another CA 19-Oct-2009
The UKIP party had accepted substantial donations. The donor had, through, he said, inadvertent error, had failed to ensure that he appeared on the electoral roll. The party had not taken all reasonable steps to verify his registration as required. . .
Cited – Onesearch Direct Holdings Ltd (T/A Onesearch Direct) v City of York Council Admn 19-Mar-2010
The court considered the conditions under which the respondent authority replied to all enquiries as to properties within its area. The replies were given by a standardised all inclusive information sheet derived from a central database. The . .
Applied – The Law Society of England and Wales, Regina (on The Application of) v The Lord Chancellor Admn 15-Jun-2010
Costs restriction not made under Act
The respondent had introduced rules which restricted the levels of costs which might be awarded from central funds to a successful defendant in a criminal trial who had take private representation. The amendment was made under powers in the 1985 . .
Cited – The Electoral Commission, Regina (on The Application of) v City of Westminster Magistrates Court and Another SC 29-Jul-2010
UKIP, a political party had accepted donations from an individual who had ceased to be a registered voter. An application had been made for forfeiture of the sums given. The court was now asked whether the Act created a presumption in favour of . .
Cited – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 7-Feb-2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the . .
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service Admn 9-Mar-2011
The claimant sought judicial review of a decision of the respondent to take over and discontinue his private prosecutions arising from public order incidents, saying that the respondent’s policy was unlawful in restricting such prosecutions.
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – GC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
Applied – Regina v Braintree District Council, ex parte Malcolm William Halls CA 1-Mar-2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as . .
Cited – Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another CA 27-May-2011
The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such . .
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service SC 14-Nov-2012
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a . .
Cited – RM 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 . .
Cited – Modaresi, Regina (on The Application of) v Secretary of State for Health SC 24-Jul-2013
The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental . .
Cited – McEldowney v Forde HL 18-Jun-1969
The House was asked whether the Magistrates had properly dismissed a charge of membership of an unlawful organisation, namely a Republican club. The Magistrates had found that an unlawful club would only be such if it supported the absorption of . .
Cited – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative, Constitutional

Leading Case

Updated: 01 November 2021; Ref: scu.187347

Brown v Hamilton District Council: HL 25 Nov 1982

The pursuer sought a declaration that he was a homeless person and therefore entitled to assistance.
Held: Lord Fraser of Tullybelton said that it was for consideration whether there might not be advantages in developing special procedure in Scotland for dealing with questions in the public law area, comparable to the English prerogative orders.

Lord Fraser of Tullybelton
[1982] UKHL 13, (1983) 133 NLJ 63, 1983 SLT 397, 1983 SC (HL) 1
Bailii
Housing (Homeless Persons) Act 1977 17
Scotland
Cited by:
Cited – AXA 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.

Housing, Administrative

Leading Case

Updated: 31 October 2021; Ref: scu.279748

VIP Communications Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Apr 2019

Order outwith Home Secretary’s powers

The claimant sought judicial review of an order requiring OFWAT to limit certain licenses to exclude technology which the SSHD said would pose a threat to National Security. It said that no power to do this existed.
Held: Review allowed. The Direction was ultra vires the Secretary of State’s powers under s.5(2) Communications Act 2003 and is therefore unlawful.

Morris J
[2019] EWHC 994 (Admin)
Bailii
Communications Act 2003 5(2)
England and Wales
Cited by:
At Admn – VIP Communications Ltd (In Liquidation), Regina (on The Application of) v The Secretary of State for The Home Department CA 20-Nov-2020
Exemption Direction was Ultra Vires
The Direction sought to prevent Ofcom from introducing regulations which would have the effect of making it lawful to operate a species of GSM gateway known as a commercial multi-user gateway without a licence. GSM gateways are telecommunications . .

Lists of cited by and citing cases may be incomplete.

Media, Administrative, Utilities

Updated: 31 October 2021; Ref: scu.636104

VIP Communications Ltd (In Liquidation), Regina (on The Application of) v The Secretary of State for The Home Department: CA 20 Nov 2020

Exemption Direction was Ultra Vires

The Direction sought to prevent Ofcom from introducing regulations which would have the effect of making it lawful to operate a species of GSM gateway known as a commercial multi-user gateway without a licence. GSM gateways are telecommunications equipment which contain one or more SIM cards such as are placed in mobile phones. They enable phone calls and text messages from landlines to be routed directly on to mobile networks with the intention of saving money on call charges. Commercial deployment of a GSM gateway may be as a commercial single user gateway or as a COMUG. COSUGs are gateways serving a single end-user, such as a large commercial entity. In contrast, COMUGs involve the use of a GSM gateway to provide an electronic communications service to multiple end users.
The Direction was given because of national security and public safety concerns about the use of COMUGs.
Held: The Secretary of State’s appeal failed. The Act did not contain a power for the appellant to do that which was sought, and it would be wrong to seek to construct one through a strained reading of the 2006 Act. The appellant did have power under the 2003 Act 5(2) to include directions with regard to national Security as part of any exemption it allowed.
The direction actually given however went beyond these powers, and was ultra vires.

Underhill, Macur, Flaux LJJ
[2020] EWCA Civ 1564, [2020] WLR(D) 626
Bailii, WLRD, Judiciary
Communications Act 2003 5, Wireless Telegraphy Act 2006 8
England and Wales
Citing:
At Admn – VIP Communications Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 17-Apr-2019
Order outwith Home Secretary’s powers
The claimant sought judicial review of an order requiring OFWAT to limit certain licenses to exclude technology which the SSHD said would pose a threat to National Security. It said that no power to do this existed.
Held: Review allowed. The . .

Lists of cited by and citing cases may be incomplete.

Utilities, Administrative

Updated: 31 October 2021; Ref: scu.656229

Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008

Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial discrimination or to promote equality of opportunity and good relations between persons of different racial groups. It is a duty to have due regard to the need to achieve these goals. The distinction is vital. Thus the Inspector did not have a duty to promote equality of opportunity between the appellants and persons who were members of different racial groups; her duty was to have due regard to the need to promote such equality of opportunity. She had to take that need into account, and in deciding how much weight to accord to the need, she had to have due regard to it. What is due regard? In my view, it is the regard that is appropriate in all the circumstances. These include on the one hand the importance of the areas of life of the members of the disadvantaged racial group that are affected by the inequality of opportunity and the extent of the inequality; and on the other hand, such countervailing factors as are relevant to the function which the decision-maker is performing.’
‘The question in every case is whether the decision-maker has in substance had due regard to the relevant statutory need. Just as the use of a mantra referring to the statutory provision does not of itself show that the duty has been performed, so too a failure to refer expressly to the statute does not of itself show that the duty has not been performed. The form of words suggested by Mr Drabble to which I have referred above may not of itself be sufficient to show that the duty has been performed. To see whether the duty has been performed, it is necessary to turn to the substance of the decision and its reasoning.’

Dyson LJ, May LJ, Sir Robin Auld
[2008] EWCA Civ 141, [2008] ACD 62, [2008] 2 P and CR 6, [2009] PTSR 809, [2008] BLGR 239
Bailii
Town and Country Planning Act 1990, Race Relations Act 1976 71
England and Wales
Cited by:
Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Cited – AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Planning, Administrative, Discrimination

Leading Case

Updated: 31 October 2021; Ref: scu.266003

Banks v Royal Borough of Kingston-Upon-Thames: CA 17 Dec 2008

The claimant sought emergency housing saying that he had a priority need for housing. He had liver cirrhosis and alcoholism, depression and asthma. The authority denied his claim.
Held: When an officer considered an appeal against a refusal of emergency housing, he should allow the applicant to make further representations if he was considering refusing the review but on different grounds.
Lawrence Collins LJ said: ‘an important objective of reg. 8(2) is to ensure that, where the reviewing officer is minded to confirm a decision on different grounds, the applicant should be given an opportunity to make representations.’

Longmore LJ, Wilson LJ, Lawrence Collins LJ
[2009] BLGR 536, [2008] 2 WLR 1160, [2008] EWCA Civ 1443, Times 10-Mar-2009, [2009] HLR 29
Bailii
Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (SI 1999 No 71) 8(2)
England and Wales
Cited by:
Cited – Mitu v London Borough of Camden CA 1-Nov-2011
The claimant had applied for housing under homelessness provisions saying that he was in priority need and was not homeless intentionally. The first decision had been that he was intentionally homeless and not in priority need. After review, it was . .

Lists of cited by and citing cases may be incomplete.

Housing, Administrative

Updated: 31 October 2021; Ref: scu.278817

Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law.
Held: The decision was one which did engage the applicant’s human rights. The officer was not an independent tribunal, but his decision was of the nature recognised in the jurisprudence as administrative, being areas of law considered regulatory and welfare schemes in which decision making was by custom delegated to administrative officers, and such decisions typically did not give rise to a right of appeal on the facts. The appeal on law was adequate.

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Millett, Lord Walker
[2003] UKHL 5, [2003] 1 All ER 739, Gazette 03-Apr-2003, [2003] 2 WLR 388, [2003] 2 AC 430, [2003] ACD 41, [2003] NPC 21, [2003] HRLR 16, [2003] HLR 32, [2003] UKHRR 419, [2003] BLGR 205, 14 BHRC 400, [2003] Hous LR 20
House of Lords, Bailii, Bailii
European Convention on Human Rights 6.1, Housing Act 1996 204, Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 (1996 No 3205, Allocation of Homelessness Functions (review Procedures) Regulations 1999 (1999 No 71)
England and Wales
Citing:
Cited – Bryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
Appeal from – London Borough of Tower Hamlets v Runa Begum CA 6-Mar-2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – London Borough of Newham v Adan CA 14-Dec-2001
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority . .
Cited – Kingsley v The United Kingdom (No 2) ECHR 28-May-2002
The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. . .
Cited – The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
Cited – Kaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .

Cited by:
Cited – Dyson Limited v The Registrar of Trade Marks ChD 15-May-2003
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Cited – Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
Cited – Hall v London Borough of Wandsworth CA 17-Dec-2004
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been . .
Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Cited – Cramp v Hastings Borough Council CA 29-Jul-2005
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. . .
Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
Cited – MB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq.
Held: The section allowed the Secretary of State to impose any necessary conditions, but . .
Cited – Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Cited – F v Birmingham City Council CA 2-Nov-2006
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had . .
Cited – Ali v Birmingham City Council CA 7-Nov-2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether . .
Cited – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
Cited – Heald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – G, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
Cited – Tomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
Cited – Cart, Regina (on The Application of) v The Upper Tribunal and Others CA 23-Jul-2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and . .
Cited – Bubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
Cited – Bubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Administrative, Local Government

Leading Case

Updated: 31 October 2021; Ref: scu.179047

Raissi, 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 when, after several months, the court had been presented with no evidence of his involvement. He said that the public accusations of involvement had devastated his career, his private life and his health. The defendant responded that the ex gratia compensation scheme did not apply to extradition proceedings.
Held: The claimant’s appeal succeeded. The prosecutors had repeatedly made statements for which they knew the evidence was either non-existent or erroneous. The purpose of the compensation scheme was self-evidently to compensate those who had spent a period in custody resulting from a serious default on the part of a police officer or of some other public authority, in this case the CPS. In extradition proceedings, the defendant faces criminal charges before a UK court, and the wrong he suffers does not differ.
The court allowed the claimant to pursue its suggestion that the CPS had acted in breach of duty, and described that duty: ‘in the event of conflict between its instructions from the requesting state and its duty to the court, the CPS’s primary duty is to the court. ‘ The CPS were in breach of that duty: ‘the extradition proceedings themselves were a device to secure the appellant’s presence in the US for the purpose of investigating 9/11 rather than for the purpose of putting him on trial for non-disclosure offences. We also consider that the way in which the extradition proceedings were conducted in this country, with opposition to bail based on allegations which appear unfounded in evidence amounted to an abuse of process. The proceedings were used as a device to circumvent the rule of English law that a terrorist suspect could (at that time) be held without charge for only 7 days.’ and ‘there is a considerable body of evidence to suggest that the police and the CPS were responsible for serious defaults. ‘

Hooper LJ, Smith LJ, Lord Clarke MR
[2008] EWCA Civ 72, [2008] 3 WLR 375, [2008] QB 836, [2008] 2 All ER 1023, [2008] ACD 49
Bailii
England and Wales
Citing:
Cited – Regina v Director of Public Prosecutions, ex parte Lee Admn 18-Mar-1999
Application for judicial review of CPS decision on disclosure of evidence before committal.
Held: The court recognised an ongoing duty of disclosure from the time of arrest. At the stage before committal, there are continuing obligations on . .
Cited – Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2) HL 27-Jul-2000
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict . .
Appeal from – Raissi and Another v The Commissioner of Police of the Metropolis QBD 30-Nov-2007
The claimants had been arrested under the 2000 Act, held for differing lengths of time and released without charge. They sought damages for false imprisonment.
Held: The officers had acted on their understanding that senior offcers had more . .
Appeal from – Raissi, 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 . .
Cited – Regina (Kashamu) v Governor of Brixton Prison and Another; Regina (Kashamu) v Bow Street Magistrates’ Court; Regina (Makhlulif and Another) v Bow Street Magistrates’ Court QBD 23-Nov-2001
Where a magistrates’ court heard an application for extradition, it was within its proper ambit to assess the lawfulness of the detention of the suspect in the light of the Human Rights Convention, but not to stray onto issues which were only for . .
Cited – Daghir and Others, Regina (on the Application of) v Secretary of State for Home Department Admn 13-Feb-2004
. .
Cited – Samuel Knowles, Junior v United States of America and Another PC 24-Jul-2006
(The Bahamas) The respondent sought the extradition of the appellant to face drugs charges. The appellant said that if extradited, he would not receive a fair trial, having been declared publicly by the US President to be a drugs ‘kingpin’.
Cited – The First Secretary of State and Another v Sainsbury’s Supermarkets Ltd CA 6-May-2005
Sedley LJ: ‘the interpretation of policy is not a matter for the Secretary of State, what a policy means is what it says. Except in the occasional case where a policy has been ambiguously or un-clearly expressed (see R v Derbyshire CCC, ex p Woods . .
Cited – Regina ex parte Grecian v Secretary of State for the Home Department 3-Dec-2004
. .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .

Cited by:
Cited – Alam v London Borough of Tower Hamlets Admn 23-Jan-2009
The claimant sought to challenge the defendant’s housing allocation policy. He said that as a homeless person he should have been given a reasonable preference for housing. The authority said he was not in priority need, and that the temporary . .
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Cited – Tesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .
Cited – VB and Others v Westminster Magistrates SC 5-Nov-2014
Extraditions to follow normal open justice rules
Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of . .
Cited – O, 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.

Judicial Review, Criminal Practice, Administrative

Updated: 31 October 2021; Ref: scu.264517

Jordan v United Kingdom; McKerr v United Kingdom; similar: ECHR 4 May 2001

Proper Investigation of Deaths with Army or Police

Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the circumstances of the deaths had not been subject to cross examination.
Held: The right to life is the most fundamental of human rights, and no derogation is to be allowed outside times of war. Where the circumstances of a death are exclusively within the power of the authorities, the burden of proof could be regarded as falling on the authorities. The right could be infringed by a failure to investigate such deaths properly. The inadequacies were such as to lead the court to conclude that that the right to life had been infringed. ‘there must be a sufficient element of public scrutiny of the investigation or its results to secure accountability in practice as well as in theory. The degree of public scrutiny required may well vary from case to case. In all cases, however, the next-of-kin of the victim must be involved in the procedure to the extent necessary to safeguard his or her legitimate interests.’

Times 18-May-2001, 24746/94, 37715/97, 30054/96, [2001] 11 BHRC 1, [2001] 37 EHRR 52, 28883/95, (2002) 34 EHRR 20, [2001] ECHR 323, [2001] ECHR 324, [2001] ECHR 325, [2001] ECHR 327, [2001] ECHR 328, [2001] ECHR 329, [2001] ECHR 330
Worldlii, Worldlii, Worldlii, Bailii, Bailii, Bailii, Bailii
European Convention on Human Rights 2
Human Rights
Citing:
See also – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .

Cited by:
Cited – Regina (Amin) v Secretary of State for the Home Department QBD 5-Oct-2001
An Asian youth was placed in a cell with another who was well known to be violent and racist. He was bludgeoned to death. The family sought a public investigation into how he came to be placed in such a position. An investigation had been refused by . .
Cited – Khan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited – Regina (Wright) v Secretary of State for the Home Department Admn 2001
A serving prisoner suffered a severe asthmatic attack in his cell and died. An inquest was held at which the family of the deceased were present, but unrepresented for want of legal aid. There was no inquiry into the quality of the medical treatment . .
See Also – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL 11-Nov-2004
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – D, Regina (on the Application of) v Secretary of State for the Home Department (Inquest Intervening) CA 28-Feb-2006
The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case.
Held: The appeal failed. The court recited the . .
Cited – Gentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
Cited – Smith v The Assistant Deputy Coroner for Oxfordshire Admn 11-Apr-2008
The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared . .
Cited – JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
Cited – Morrison v The Independent Police Complaints Commission and Others Admn 26-Oct-2009
The claimant made a complaint of a serious assault by the police, by the use of a Taser. The defendant had referred the complaint to the IPCC, who said that they should investigate it themselves. The claimant said that to accord with his human . .
See Also – McKerr v United Kingdom; Action of the Security Forces in Northern Ireland ECHR 17-Apr-2009
. .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Cited – Tyrrell v HM Senior Coroner County Durham and Darlington and Another Admn 26-Jul-2016
The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes.
Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Coroners, Armed Forces

Leading Case

Updated: 31 October 2021; Ref: scu.166103

In Re K (Infants); Official Solicitor v K: HL 2 Jan 1963

The House considered the propriety of a tribunal chairman seeing material not placed before the parties. This was a wardship case.
Held: Where the interests of the parents and the child conflicted, ‘the welfare of the child must dominate’.
Lord Devlin spoke of ‘the fundamental principle of justice that the judge should not look at material that the parties before him have not seen’.
Referring to ‘the ordinary principles of a judicial inquiry’, he continued: ‘They include the rules that all justice shall be done openly and that it shall be done only after a fair hearing; and also the rule that is in point here, namely, that judgment shall be given only upon evidence that is made known to all parties. Some of these principles are so fundamental that they must be observed by everyone who is acting judicially, whether he is sitting in a court of law or not; and these are called the principles of natural justice. The rule in point here is undoubtedly one of those.’ and ‘[w]here the judge sits purely as an arbiter and relies on the parties for information, the parties have a correlative right that he should act only on information which they have had the opportunity of testing. Where the judge is not sitting purely, or primarily, as an arbiter, but is charged with the paramount duty of protecting one outside the conflict, a rule that is designed for just arbitrament cannot in all circumstances prevail.’

Lord Devlin
[1965] AC 201, [1963] 3 All ER 191
England and Wales
Citing:
Appeal from – In Re K (Infants) CA 2-Jan-1963
The court discussed the need for those appearing before tribunals to be given sufficient access to all the material placed before the judge. Upjohn LJ said: ‘It seems to be fundamental to any judicial inquiry that a person or other properly . .
At first Instance (Dicta approved) – In re K (Infants) ChD 1963
Ungoed Thomas J discussed the balance of interests in a wardship case, as it affected disclosure of documents: ‘However, where the paramount purpose is the welfare of the infant, the procedure and rules of evidence should serve and certainly not . .

Cited by:
Cited – Roberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .
Cited – In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence) SC 3-Mar-2010
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to . .
Cited – Al Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
Cited – Chief Constable and Another v YK and Others FD 6-Oct-2010
cc_ykFD10
The court gave directions in Forced Marriage Protection order applications. An order had been made at the request of the police on behalf of A, and the court had declined to discharge it on A’s own application.
Held: Special advocates were not . .
Cited – In re A (A Child) SC 12-Dec-2012
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence . .
Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .

Lists of cited by and citing cases may be incomplete.

Children, Administrative, Natural Justice

Leading Case

Updated: 31 October 2021; Ref: scu.228359

Moss, Regina (on The Application of) v KPMG Llp: Admn 14 Oct 2010

The claimant objected to accounts drawn by the defendant auditors for Bolton Council, saying that they had wrongfully included sums from parking fines which had (he said) been unlawfully claimed by the Council. He contended that because parking restriction signs had departed from the statutory specification, the applicable TRO was unenforceable, and any PCN was similarly unenforceable, and any income received as a result of its issue had been unlawfully received by the local authority.
Held: Ouseley J said: ‘In my judgment, the event which gives rise to liability to a PCN in the de-criminalised parking scheme (the equivalent of the offence under a criminal statute) is parking in contravention or non-compliance with a provision in the 2005 Consolidated Order. The provisions of the Order are couched in language such as ‘the prohibition on parking during controlled hours on a road within a specified zone or loading bay or taxi rank’. Those controls may be specified other than by reference to specific markings. I assume that the provision prohibiting a stay longer than paid for in permitted on-street parking bays is in similar vein. It therefore seems to me that two approaches are possible although neither arises unless the signs depart from the prescribed form in a more than trivial way. The first approach, on what I have been shown of the Bolton MBC Orders, is not to ask whether the signs comply with the Regulations where contravention of the sign itself is not prohibited. It is to ask whether the signing of the restrictions was adequate to inform the average driver of what he should or should not do or where. This would reflect decisions such as Hassan and James v Caley. I have not been shown any provision of the TRO which makes non-compliance with a prescribed marking or sign, by itself, a contravention of the TRO. It appears to be the reverse. The sign informs the driver about the restriction in the TRO. And if the restriction is itself adequately conveyed by means other than the sign and the sign does not mislead about the nature or extent of the restriction, the TRO on that approach may be enforced by PCN.
The importance of this is that it may contrast with the language of the offences in Davis v Healey and Canadine v Director of Public Prosecutions in which the offence itself was contravening the prescribed road marking or sign. So any deficiency in the prescribed sign was directly in issue . . The alternative approach is to ask whether – subject to trivial non-compliance – the markings meet the prescribed requirements. If not, those markings should not have been placed on the road at all and the requirements or restrictions they indicated have no force, even though it may be perfectly clear from the deficient signs where and to what extent the restriction applies.’
Follow the strict Davis v Heatley approach. He said: ‘I have not found this an easy issue to resolve, not least because of my uncertainty about the statutory provisions which I have actually received (late and incompletely perhaps), the differing lines of authority and also because the issues have not been argued either by the auditor or by Bolton MBC.
In the end, and without great confidence, I have concluded that what Mr Hickinbottom said in Buckinghamshire County Council should be taken to be the law. The purpose behind a common prescribed system of road signs and markings includes certainty for drivers wherever they are in the country. They are not therefore faced with different varieties of signs wherever they go for the same permitted parking, prohibitions and restrictions. The common system also regulates signs in order to avoid clutter and confusion to road users by regulating what can or cannot be put on the road surface or signs by its side.’
Ouseley J
[2010] EWHC 2923 (Admin)
Bailii
Audit Commission Act 1998 16 17
England and Wales
Citing:
Applied – Davies v Heatley QBD 1971
The defendant appealed, by case stated, against his conviction of failing to stay to the left of a continuous white line. An intermittent white line had been placed between the two continuous white lines. The magistrates convicted saying that the . .

Cited by:
Incorrect – Herron and Another, Regina (on The Application of) v The Parking Adjudicator CA 27-Jul-2011
The claimant appealed against refusal of judicial review of decisions of the parking adjudicator as to the correctness of 39 penalty charge notices. In each case, they said that the signage supporting the notice, in particular single and double . .

Lists of cited by and citing cases may be incomplete.
Updated: 31 October 2021; Ref: scu.426507

Tognoli and Others v Parliament (Appeal – Institutional Law – Single Statute for Members of The European Parliament – Judgment): ECJ 6 Oct 2021

Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional position – Independent legal effects
[2021] EUECJ C-431/20P, ECLI:EU:C:2021:807
Bailii
European
Citing:
Opinion – Tognoli and Others v Parliament (Appeal – Institutional Law – Single Statute for Members of The European Parliament – Opinion) ECJ 15-Jul-2021
Appeal – Single statute for a Member of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension rights by the European Parliament – Act open to challenge – Concept – Binding legal . .

Lists of cited by and citing cases may be incomplete.
Updated: 31 October 2021; Ref: scu.668606

Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others: CA 20 May 2013

The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They now appealed against rejection of their appeal.
Held: The appeal succeeded: ‘a map which is produced to a scale of 1:25,000, even if it is digitally derived from an original map with a scale of 1:50,000, satisfies the requirements of paragraph 1(a) of Schedule 14 provided that it is indeed ‘a map’ and that it shows the way or ways to which the application relates.’
Paragraph 1(a) of Schedule 14 requires (1) something that is identifiable as ‘a map’, which (2) is drawn to a scale of not less than 1:25,000, and which (3) shows the way or ways to which the application relates. Since this did not stipulate for an OS map, it was wrong to insist that a map submitted must include the same details, and nor was there any requirement that the original scale be not less than 1:25,000. The Council’s position was one of pedantry.
Maurice Kay LJ concluded: ‘All this leads me to the view that, whilst I am confident that ‘drawn’ was never intended to be construed as being confined to ‘originally drawn’, it should also now be given a meaning which embraces later techniques for the production of maps. For practical purposes, when a computer is used to translate stored data into a printed map, it can properly be said that the computer and the printer are, on human command, ‘drawing’ the map which emerges to the scale which has been selected. I find no difficulty in this approach in circumstances in which the requirements do not prescribe that the submitted map depicts the features which are depicted on an original 1:25,000 OS map.’
Lord Justice Maurice Kay Vice President of the Court of Appeal, Civil Division, Lady Justice Black and Lady Justice Rafferty
[2013] EWCA Civ 553, [2013] PTSR 987, [2013] WLR(D) 186
Bailii, WLRD
Wildlife and Countryside Act 1981
England and Wales
Citing:
Appeal from – Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council Admn 2-Oct-2012
The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The . .
Cited – Grant v Southwestern and County Properties Ltd ChD 1974
The court had to decide whether a tape recording fell within the expression ‘document’ in the Rules of the Supreme Court.
Held: The furnishing of information had been treated as one of the main functions of a document, and the tape recording . .
Cited – Royal 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 . .
Cited – Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .

Cited by:
Appeal from – Dallas v The United Kingdom ECHR 11-Feb-2016
Test for contempt was accessible and foreseeable.
The applicant had been convicted of contempt of court in that whilst acting as a juror, and in defiance of an explicit direction from the judge had researched the defendant in the internet, and passed on her findings to other jurors.
Held: the . .
Appeal from – Trail 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.
Updated: 30 October 2021; Ref: scu.509983

New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Oct 2010

The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to students from abroad, those who come from countries other than the European Community.
Cranston J
[2010] EWHC 2701 (Admin)
Bailii
England and Wales
Cited by:
See Also – New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 7-Apr-2011
The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses. . .
Appeal from – New London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
At first instance – New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.434933

Smith (Kathleen Rose) v East Elloe Rural District Council: HL 26 Mar 1956

The plaintiff challenged a compulsory purchase order as unlawful and made in bad faith and sought damages for trespass. Paragraph 16 provided that an order could not be challenged by legal proceedings, save in the circumstances identified in paragraph 15, which did not apply. The plaintiff said this could not apply where the order was made in bad faith.
Held: An order would not bear any bad faith on its face, and so any bad faith could only be discovered by proceedings. The words of paragraph 16 were explicit and clear and effective. The order could not be impugned. It fell outside the ouster of jurisdiction provision. The regulations provided that any application be made to the High Court within six weeks of notice of the confirmation or making of the Compulsory Purchase Order and that otherwise the Compulsory Purchase Order should not be questioned in any legal proceedings.
Held: (Majority) A challenge of this kind had to be made in accordance with the statutory procedure for challenge and, if not made in accordance with that procedure, could not otherwise be made.
Viscount Simons said: ‘I find it quite impossible to qualify the words of the paragraph in the manner suggested. It may be that the legislature had not in mind the possibility of an Order being made by a local authority in bad faith or even the possibility of an Order being made in good faith being mistakenly, capriciously or wantonly challenged. This is a matter for speculation. What is abundantly clear is that words are used which are wide enough to cover any kind of challenge which any aggrieved person may think fit to make. I cannot think of any wider words. Any addition would be mere tautology’.
Lord Radcliffe said: ‘An order, even if not made in good faith, is still an act capable of legal consequences. It bears no brand of invalidity on its forehead. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset, it will remain as effective for its ostensible purpose as the most impeccable of orders.’
Lord Radcliffe, Lord Hailsham of Saint Marylebone LC, Viscount Simons
[1956] AC 736, [1956] 1 All ER 855, [1956] UKHL 2
Bailii
Acquisition of Land (Authorisation Procedure) Act 1946
England and Wales
Cited by:
Cited – Bugg v Director of Public Prosecutions; Director of Public Prosecutions v Percy QBD 1993
The defendants appealed against convictions for having entered military bases contrary to various bye-laws. They challenged the validity of the bye-laws.
Held: The validity of a bye-law could be challenged in criminal proceedings, but where . .
Cited – Birmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .
Cited – Mackaill and Another, Regina (on The Application of) v Independent Police Complaints Commission Admn 6-Oct-2014
The three claimants were police officers. They met a senior MP at Sutton Coldfield. They emerged from the meeting and were said to have made misleading statements as to the content of the meeting. The IPCC referred the matters back to local forces . .
Cited – Regina v The Secretary of State for the Environment, ex Parte Ostler CA 16-Mar-1976
Statutory Challenge must be timely
The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent.
Held: The court was asked, . .
Unsatisfactory – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.187074

Chuck v Cremer: 24 Jul 1846

The plaintiff’s solicitor obtained an attachment against the defendant in default of a pleaded defence, disregarding a court order extending the period for filing the defence, which he considered to be a nullity. The order in question had been intended to give effect to an agreement between the parties, but had mistakenly allowed the defendant longer to file a defence than had been agreed.
Held: ‘A party who knows of an order, whether null and void, regular or irregular, cannot be permitted to disobey it . . It would be most dangerous to hold that the suitors, or their solicitors, could themselves judge whether an order was null and void – whether it was regular or irregular. That they should come to the court and not take upon themselves to determine such a question: that the course of a party knowing of an order, which was null and irregular and who might be affected by it was plain. He should apply to the court that it might be discharged. As long as it existed it must not be disobeyed.’
Lord Cottenham LC
(1846) Cooper temp Cottenham 205, [1846] EngR 924 (A), (1846) 1 Coop T Cott 205
Commonlii
England and Wales
Cited by:
Cited – A, Regina (on the Application of) v Harrow Crown Court and others Admn 14-Aug-2003
The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under . .
See Also – Chuck v Cremer 19-Nov-1846
A party in contempt may give a notice of motion, although he cannot move until the contempt of court is cleared. With referance to clearing contempt the answer must be taken be sufficient until exceptions are actually allowed.
Moving upon the . .
See Also – Chuck v Cremer ([1846] EngR 1155) 1-Dec-1846
A party, who knows of a null or irregular order, should apply to discharge it. Whilst such an order is in existence it must not be disobeyed. . .
See Also – Chuck v Cremer ([1846] EngR 1154) 1-Dec-1846
An order of the court of which the party affected by it has notice, though not formally served upon him is not to be disregarded or treated by him as a nullity, however certain it may be that the order is erroneous, and would, upon a proper . .
See Also – Chuck v Cremer 9-Feb-1848
Where an action is referred by an order at nisi prius this Court has no jurisdiction to interfere with the certificate of the referee or the judgment entered to pursuant thereto, on any ground on which it would not have such jurisdiction if the . .
Cited – Hadkinson v Hadkinson CA 1952
The courts adopt an approach similar to that of the United States courts where there has been a significant contempt on the part of a party to litigation. Denning LJ said: ‘Those cases seem to me to point the way to the modern rule. It is a strong . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.185686

F Hoffmann La Roche and Co A G v Secretary of State for Trade and Industry: HL 1975

No Indemnity for misadministration

The Secretary of State sought an interlocutory injunction under the Act to restrain the appellant from charging prices in excess of those fixed by a statutory instrument he had made. The appellant argued that the statutory instrument was ultra vires, because it had been based upon a report by the Monopolies Commission, which the appellant maintained, had been produced without due regard to principles of natural justice. The Secretary of State objected to giving a cross undertaking in damages.
Held: The Secretary of State was not required to give such an undertaking. Lord Reid said that normally a claimant ‘cannot be compelled to give an undertaking but if he will not give it he will not get the injunction.’
The fact that an individual has suffered loss because of an invalid administrative act does not in itself entitle him to be indemnified.
Lord Diplock said: ‘The court has no power to compel an applicant for an interim injunction to furnish an undertaking as to damages.’ and ‘The undertaking is not given to the defendant but to the court itself. Non-performance of it is contempt of court, not breach of contract, and attracts the remedies available for contempts, but the court exacts the undertaking for the defendant’s benefit. It retains a discretion not to enforce the undertaking if it considers that the conduct of the defendant in relation to the obtaining or continuing of the injunction or the enforcement of the undertaking makes it inequitable to do so, but if the undertaking is enforced the measure of the damages payable under it is not discretionary. It is assessed on an inquiry into damages at which principles to be applied are fixed and clear. The assessment is made upon the same basis as that upon which damages for breach of contract would be assessed if the undertaking had been a contract between the plaintiff and the defendant that the plaintiff would not prevent the defendant from doing that which he was restrained from doing by the terms of the injunction.’
. . ‘In constitutional law a clear distinction can be drawn between an Act of Parliament and subordinate legislation, even though the latter is contained in an order made by statutory instrument approved by resolutions of both Houses of Parliament. Despite this indication that the majority of members of both Houses of the contemporary Parliament regard the order as being for the common weal, I entertain no doubt that the courts have jurisdiction to declare it to be invalid if they are satisfied that in making it the Minister who did so acted outwith the legislative powers conferred upon him by the previous Act of Parliament under which the order is ultra vires by reason of its contents (patent defects) or by reason of defects in the procedure followed prior to its being made (latent defects).’
Lord Diplock, Lord Reid, Lord Wilberforce
[1975] AC 295, [1974] 2 All ER 1128, [1974] 3 WLR 104
Monopolies and Restrictive Practices (Inquiry Control) Act 1948 11(2), Monopolies and Mergers Act 1965
England and Wales
Cited by:
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Bugg v Director of Public Prosecutions; Director of Public Prosecutions v Percy QBD 1993
The defendants appealed against convictions for having entered military bases contrary to various bye-laws. They challenged the validity of the bye-laws.
Held: The validity of a bye-law could be challenged in criminal proceedings, but where . .
Cited – Smithkline Beecham Plc and others v Apotex Europe Ltd and others PatC 26-Jul-2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions.
Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against . .
Cited – Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – The Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.187068

Howard and Another v Secretary of State for Health: Admn 15 Mar 2002

The Claimant each sought judicial review of a decision of the Secretary of State for Health not to hold a public inquiry into circumstances surrounding the serious misbehaviour of a doctor.
Mr Justice Scott Baker
[2002] EWHC 396 (Admin), [2003] QB 830, [2002] 3 WLR 738
Bailii
England and Wales

Updated: 23 October 2021; Ref: scu.168734

Poggiolini v Parliament: ECJ 15 Jul 2021

(Opinion) Appeal – Single statute for a Member of the European Parliament – Member of the European Parliament elected in an Italian constituency – Modification of pension rights by the European Parliament – Objection of inadmissibility of the appeal – Distance period – e-Curia application – Contested act – Concept – Legal effects compulsory – Memorandum on adaptation of the request – Admissibility
C-408/20, [2021] EUECJ C-408/20P_O, ECLI:EU:C:2021:622
Bailii
European
Cited by:
Opinion – Poggiolini v Parliament ECJ 6-Oct-2021
Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.668508

Poggiolini v Parliament: ECJ 6 Oct 2021

Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional position – Independent legal effects
[2021] EUECJ C-408/20P
Bailii
European
Citing:
Opinion – Poggiolini v Parliament ECJ 15-Jul-2021
(Opinion) Appeal – Single statute for a Member of the European Parliament – Member of the European Parliament elected in an Italian constituency – Modification of pension rights by the European Parliament – Objection of inadmissibility of the appeal . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.668607

Bourgoin SA v Minister of Agriculture Fisheries and Food: CA 1985

The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this amounted to misfeasance in public office. The Minister sought to have the plea struck out on the ground that it lacked the essential averment that the Minister acted with the purpose of inflicting harm on the plaintiffs, in other words that he had ‘targeted malice’.
Held: It was proper to draw an inference from a party’s behaviour as to their tortious intentions: ‘If an act is done deliberately and with knowledge of its consequences, we do not think that the actor can sensibly say that he did not ‘intend’ the consequences or that the act was not ‘aimed’ at the person who, it is known, will suffer them.’ The court examined the necessary ingredients of the tort of misfeasance in public office. It recognised and analysed two strands of the tort. The claim against the nominated department of state depended on proof that ‘the minister’s motive was to further the interests of English turkey producers by keeping out the produce of French turkey producers – an act which must necessarily injure them’
It was ‘immaterial that one purpose was dominant and the second merely a subsidiary purpose for giving effect to the dominant purpose. If an act is done deliberately and with knowledge of its consequences, I do not think that the actor can sensibly say that he did not ‘intend’ the consequences of the act or that the act was not ‘aimed’ at the person who, it is known, will suffer them.’
Oliver LJ: ‘If it be shown that the minister’s motive was to further the interests of English turkey producers by keeping out the produce of French turkey producers – an act which must necessarily injure them – it seems to me entirely immaterial that the one purpose was dominant and the second merely a subsidiary purpose for giving effect to the dominant purpose. If an act is done deliberately and with knowledge of its consequences, I do not think that the actor can sensibly say that he did not ‘intend’ the consequences or that the act was not ‘aimed’ at the person who, it is known, will suffer them. In my judgment, the judge was right in his conclusion also on this point.’
Oliver LJ, Mann J
[1986] QB 716, [1985] 3 WLR 1027
England and Wales
Citing:
Appeal from – Bourgoin SA v Minister of Agriculture Fisheries and Food 1985
The Minister had revoked the plaintiffs’ licence in order to protect English turkey producers against competition from French turkey producers, knowing that this was in breach of the UK’s obligations under article 30 of the EEC treaty, that the act . .
Cited – Dunlop v Woollahra Municipal Council PC 1982
A plaintiff can allege misfeasance in public office against a body such as a local authority or a government ministry. The tort was well establshed. . .

Cited by:
Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – IS Innovative Software Ltd v Howes CA 19-Feb-2004
It was alleged that the defendant had backdated contracts of employment to a time when he had been employed by the claimant, and had induced staff to leave. The company appealed dismissal of its claim.
Held: The advantage of the court . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – Three Rivers District Council v Bank of England QBD 22-Apr-1996
In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in . .
Cited – Three Rivers District Council and Others v Governor and Company of the Bank of England (No 3) CA 10-Dec-1998
The tort of misfeasance in public office is not separated into two distinct limbs. In each case the Plaintiff must show a deliberate and dishonest abuse of his position by a public official aware of the loss that will follow or reckless as to such a . .
Cited – Barnard v Restormel Borough Council CA 6-Feb-1998
The council appealed a refusal to strike out the proceedings. The claimant alleged misfeasance in a planning decision giving a competitor consent to development. He said the mayor had deceived the planning committee as to the need to consider the . .
Cited – Chagos Islanders v Attorney-General and Another CA 22-Jul-2004
The claimants sought leave to appeal against a finding that they had no cause of action for their expulsion from their islands.
Held: ‘Exile without colour of law is forbidden by Magna Carta. That it can amount to a public law wrong is already . .
Cited – Regina v Secretary of State for Transport Ex Parte Factortame Ltd and Others (No 5) Admn 31-Jul-1997
A breach of EU law by the UK government was not sufficient to justify or allow the award of punitive damages. Liability had been established. The court considered whether exemplary damages could and should be awarded. In that context liability was . .
Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
Cited – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Hilda 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 . .
Cited – Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another SC 14-Nov-2018
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.186642

Bourgoin SA v Minister of Agriculture Fisheries and Food: 1985

The Minister had revoked the plaintiffs’ licence in order to protect English turkey producers against competition from French turkey producers, knowing that this was in breach of the UK’s obligations under article 30 of the EEC treaty, that the act would and was calculated to injure the plaintiffs in their businesses, and that protecting English turkey farmers was not a purpose for the achievement of which the relevant powers were conferred upon him.
Held: The court considered the tort of misfeasance in public office ‘I do not read any of the decisions to which I have been referred as precluding the commission of the tort of misfeasance in public office where the officer actually knew that he had no power to do that which he did, and that his act would injure the plaintiff as subsequently it does. I read the judgment in Dunlop v Woollahra Municipal Council [1982] AC 158 in the sense that malice and knowledge are alternatives. There is no sensible reason why the common law should not afford a remedy to the injured party in circumstances such as are before me. There is no sensible distinction between the case where an officer performs an act which has no power to perform with the object of injuring A (which the defendant accepts is actionable at the instance of A) and the case where an officer performs an act which he knows he has no power to perform with the object of conferring a benefit on B but which has the foreseeable and actual consequence of injury to A (which the defendant denies is actionable at the instance of A). In my judgment each case is actionable at the instance of A and, accordingly, I determine that paragraphs 23 and 36 of the amended statement of claim do disclose a cause of action.’
Oliver LJ
[1985] Unreported
England and Wales
Citing:
Cited – Dunlop v Woollahra Municipal Council PC 1982
A plaintiff can allege misfeasance in public office against a body such as a local authority or a government ministry. The tort was well establshed. . .

Cited by:
Appeal from – Bourgoin SA v Minister of Agriculture Fisheries and Food CA 1985
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another SC 14-Nov-2018
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.225473

Three Rivers District Council v Bank of England: QBD 22 Apr 1996

In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in cases of ambiguity. ‘The tort of misfeasance in public office is concerned with a deliberate and dishonest wrongful abuse of the powers given to a public officer. It is not to be equated with torts based on an intention to injure, although . . it has some similarities to them. . . Malice, in the sense of intention to injure the plaintiff or a person in a class of which the plaintiff is a member, and knowledge by the officer both that he has no power to do the act complained of and that the act will probably injure the plaintiff or a person in a class of which the plaintiff is a member are alternative, not cumulative, ingredients of the tort. To act with such knowledge is to act in a sufficient sense maliciously.’
Clarke J
Times 22-Apr-1996, [1996] 3 All ER 558, [1996] 3 All ER 634
England and Wales
Citing:
Cited – Bourgoin SA v Minister of Agriculture Fisheries and Food CA 1985
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .
See Also – Three Rivers District Council v Bank of England ComC 8-Jan-1996
. .
See Also – Three Rivers District Council and Another v The Bank of England (No. 3) ComC 30-Jul-1997
ComC Misfeasance in public office. Assuming ingredients of tort as reported at [1996] 3 ALL ER 558 at 582-3, was claim bound to fail? All plaintiffs’ evidence now available to court. On that evidence plaintiffs . .

Cited by:
Appeal from – Three Rivers District Council and Others v Governor and Company of the Bank of England (No 3) CA 10-Dec-1998
The tort of misfeasance in public office is not separated into two distinct limbs. In each case the Plaintiff must show a deliberate and dishonest abuse of his position by a public official aware of the loss that will follow or reckless as to such a . .
Cited – Barnard v Restormel Borough Council CA 6-Feb-1998
The council appealed a refusal to strike out the proceedings. The claimant alleged misfeasance in a planning decision giving a competitor consent to development. He said the mayor had deceived the planning committee as to the need to consider the . .
See Also – Three Rivers District Council v Bank of England ComC 8-Jan-1996
. .
See Also – Three Rivers District Council and Another v The Bank of England (No. 3) ComC 30-Jul-1997
ComC Misfeasance in public office. Assuming ingredients of tort as reported at [1996] 3 ALL ER 558 at 582-3, was claim bound to fail? All plaintiffs’ evidence now available to court. On that evidence plaintiffs . .
Approved – Garrett v Attorney-General 1997
(New Zealand Court of Appeal) Mr Garrett claimed damages for financial loss and damage to her reputation caused by the alleged failure of the police to investigate her complaint that she had been raped by a police constable in a police station.
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.89890

Rex v Legislative Committee of the Church Assembly: 1928

It was sought to prohibit the Assembly from proceeding further with the Prayer Book Measure, 1927. I think that the Church Assembly has no such power, and therefore no such duty.’
Held: In order to invoke the court’s jurisdiction to review a decision by means of a prerogative writ, it was necessary to establish that the decision under challenge was made by a decision-maker subject to a duty to act judicially: ‘The question therefore which we have to ask ourselves in this case is whether it is true to say in this matter, either of the Church Assembly as a whole, or of the Legislative Committee of the Church Assembly, that it is a body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially. It is to be observed that in the last sentence of Atkin L .J. the word is not ‘or ‘, but ‘and ‘. In order that a body may satisfy. the required test it is not enough that it should have legal authority to determine questions affecting the rights of subjects; there must be superadded to that characteristic the further characteristic that- the body has the duty to act judicially. The duty to act judicially is an ingredient which, if the test is to be satisfied, must be present. As these writs in the earlier days were issued only to bodies which without any harshness of construction could be called, and naturally – would be called Courts, so also today these Writs do not issue except to bodies which act or are under the duty to act in a judicial capacity .’
Lord Hewart CJ
[1928] 1 KB 411
England and Wales
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.653102

Rashid, Regina (on the Application of) v Secretary of State for the Home Department: CA 16 Jun 2005

The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it was unfair to treat this applicant differently.
Held: The appeal failed. It was unfair and an abuse of power for the Secretary of State to refuse to afford asylum to an applicant in circumstances where had the Secretary of State properly applied his own policies when the claim had originally been made he would have done so, and where others had been allowed asylum in precisely the same circumstances: ‘there plainly is a legitimate expectation in a claimant for asylum that the Secretary of State will apply his policy on asylum to the claim. Whether the claimant knows of the policy is not in the present context relevant. It would be grossly unfair if the court’s ability to intervene depended at all upon whether the particular claimant had or had not heard of a policy, especially one unknown to relevant Home Office officials.’ The court declared that the claimant is entitled to a grant indefinite leave to remain in the United Kingdom. That provides a remedy for the unfairness and is the appropriate response in the circumstances.
Pill, May, Dyson LJJ
[2005] EWCA Civ 744, Times 12-Jul-2005, [2005] Imm AR 608
Bailii
England and Wales
Citing:
Appeal from – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .
Cited – Regina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
Cited – Regina (On the Application of Bajram Zeqiri) v Secretary of State for The Home Department CA 12-Mar-2001
The applicant’s case had been delayed to allow a test case as to whether Germany was to be treated as a safe country for the return of asylum seekers. Before the test case appeal was abandoned, circumstances changed so as to allow certification of . .
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .
Cited – Regina v Secretary of State for Home Department ex parte Mohammed Hussain Ahmed and Idris Ibrahim Patel Admn 27-Apr-1998
The ratification by the government of a Treaty may create a legitimate expectation that its terms will be applied in dealing with an individual affected by it. (Woolf) ‘I will accept that the entering into a treaty by the Secretary of State could . .
Cited – Regina 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 . .
Cited – Adan v Secretary of State for the Home Department HL 6-Apr-1998
A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted . .
Cited – Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar CA 11-Oct-1995
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore . .
Cited – Regina v London Borough of Newham and Manik Bibi and Ataya Al-Nashed CA 26-Apr-2001
CS The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan Admn 11-Dec-1998
There had been no transfer to Social Service Authorities of the Health Services’ statutory duty to provide specialist nursing and related care to the elderly, and having made a promise to provide a home for life, the Health Authority would be held . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .

Cited by:
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Tate 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.226312

Schmidt and Another v Secretary of State for Home Affairs: CA 19 Dec 1968

The plaintiffs had come to England to study at a college run by the Church of Scientology, and now complained that their student visas had not been extended so as to allow them to complete their studies. They said that the decision had been made for improper reasons. They now appealed against an order striking out their claim.
Held: The appeal failed (Russell LJ dissenting). The action was unsustainable. Had there been a duty to act fairly, there was nothing to say that the respondent had not so acted.
Widgery LJ said: ‘ here is some difference of opinion as to the right under the Prerogative to deport aliens already here, but I do not understand it to be said in any way that the opportunity to land initially is one which cannot be refused arbitrarily, and that position is now made clear, if it was not made clear before, by the Aliens Order of 1953. Accordingly, when an alien approaching this country is refused leave to land, he has no right capable of being infringed in such a way as to enable him to come to this Court for the purpose of assistance, and, since he has no kind of right or interest capable of being infringed or affected, the considerations urged by Mr. Hogg could not affect such a case at all. In such a situation the alien’s desire to land can be rejected for good reason or bad, for sensible reason or fanciful or for no reason at all. ‘
Lord Denning MR, Russell, Widgery LJJ
[1969] 2 WLR 337, [1969] 2 Ch 149, [1968] EWCA Civ 1, (1969) 133 JP 274, [1969] 1 All ER 904
Bailii
England and Wales
Citing:
Cited – Rex v Port of London Authority 1919
A tribunal may, in the honest exercise of its discretion, adopt a policy, and announce it to those concerned, so long as it is ready to listen to reasons why, in an exceptional case, that policy should not be applied. . .
Cited – Rex v Leman Street Police Station Inspector, ex parte Venicoff 1920
The Aliens Order of 1919 empowered the Secretary of State to make a deportation order against an alien if he deemed it to be conducive to the public good. The Home Secretary had expressed no concluded view that the critical allegations, namely . .
Cited – Regina v Governor of Brixton Prison, ex parte Soblen CA 1963
Lord Denning MR discussed a decision to deport the applicant. The validity of the Minister’s act: ‘depends on the purpose with which the act is done.: ‘If it was done for an authorised purpose, it was lawful. If it was done professedly for an . .
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
Cited – in re HK (an Infant) QBD 1967
A Commonwealth citizen had a right to be admitted to this country if he was (as this party claimed to be) under the age of 16. The immigration officers were not satisfied that he was under 16 and refused him admission.
Held: The Lord Chief . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.262783

Rex v Electricity Commissioners, ex parte London Electricity Joint Committee Co (1920) Ltd: CA 1923

The Commissioners had a statutory duty to make schemes with regard to electricity districts and to hold local enquiries before making them. They made a draft scheme which in effect allocated duties to one body which the Act required should be allocated to a different kind of body. An objection was made that an inquiry was ultra vires.
Held: This was held to be ultra vires, and the question was whether prohibition would lie. Since the cost of the inquiry would have been wholly wasted if, thereafter, the Minister and Parliament had approved the scheme only to be told at that late stage that the scheme was ultra vires, the courts could examine the issue. Where some administrative order or regulation is required by statute to be approved by resolution of both Houses of Parliament, the court can in an appropriate case intervene by way of judicial review before the Houses have given their approval.
Younger LJ said: ‘the interference of the Court in such a case as this, and at this stage, so far from being even in the most diluted sense of the words a challenge to its supremacy, will be an assistance to Parliament.’
Lord Atkin observed at a very early stage in the development of public law that he knew of ‘no authority which compels me to hold that a proceeding cannot be a judicial proceeding subject to prohibition or certiorari because it is subject to confirmation or approval, even where the approval has to be that of the Houses of Parliament.’
Atkin LJ described the scope of the prerogative writs of prohibition and certiorari: ‘both writs deal with questions of excessive jurisdiction, and doubtless in their origin dealt almost exclusively with the jurisdiction of what is described in ordinary parlance as a Court of Justice. But the operation of the writs has extended to control the proceedings of bodies which do not claim to be, and would not be recognized as, Courts of Justice. Wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the King’s Bench Division exercised in these writs.’ and ‘ In the present case the Electricity Commissioners have to decide whether they will constitute a joint authority in a district in accordance with law, and with what power they will invest that body. The question necessarily involves the withdrawal from existing bodies of undertakers of some of their existing rights, and imposing upon them of new duties, including their subjection to the control of the new body, and new financial obligations. It also provides in the new body a person to whom may be transferred rights of purchase which at present are vested in another authority. The Com- missioners are proposing to create such a new body in violation of ‘the Act of Parliament, and are proposing to hold a possibly long and expensive inquiry into the expediency of such a scheme, in respect of which they have the power to compel representatives of the prosecutors to attend and produce papers. I think that in deciding upon the scheme, and in holding the inquiry, they are acting judicially in the sense of the authorities I have cited.’
Bankes LJ said: ‘On principle and on authority it is in my opinion open to this Court to hold, and I consider that it should hold, that powers so far reaching, affecting as they do individuals as well as property, are powers to be exercised judicially, and not ministerially or merely, to use the language of Palles, C.B., as proceedings towards legislation’.
Younger LJ, Lord Atkin LJ, Bankes LJ
[1924] 1 KB 171, (1923) 205 CA 13, (1923) 130 LT 164, [1923] All ER 150
England and Wales
Cited by:
Cited – Regina v Her Majesty’s Treasury, Ex parte Smedley CA 19-Dec-1984
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.258760

Rex v Nat Bell Liquors Ltd: PC 7 Apr 1922

(Alberta) Lord Sumner said: ‘Long before Jervis’s Acts statutes had been passed which created an inferior court, and declared its decisions to be ‘final’ and ‘without appeal’, and again and again the Court of the King’s Bench had held that the language of this kind did not restrict or take away the right of the court to bring the proceedings before itself by certiorari. There is no need to regard this as a conflict between the court and Parliament; on the contrary, the latter, by continuing to use the same language in subsequent enactments, accepted this interpretation which is now clearly established and is applicable to Canadian legislation, both Dominion and Provincial, when regulating the rights of certiorari and of appeal in similar terms. The Summary Jurisdiction Act, 1848, was intended to produce and did produce its result by a simple change in procedure without unduly ousting the supervisory jurisdiction of the superior court.’ An error on the face of a judgment could not be said to make the decision a nullity. The error ‘however grave, is a wrong exercise of the jurisdiction which he has, and not a usurpation of a jurisdiction which he has not’
As to the supervisory jurisdiction of the superior court: ‘Its jurisdiction is to see that the inferior court has not exceeded its own, and for that very reason it is bound not to interfere in what has been done within that jurisdiction, for in so doing it would itself, in turn, transgress the limits within which its own jurisdiction of supervision, not of review, is confined. That supervision goes to two points: one is the area of the inferior jurisdiction and the qualifications and conditions of its exercise; the other is the observance of the law in the course of its exercise.’
Sumner, Buckmaster, Atkinson, Wrenbury and Carson LL
[1922] 2 AC 128, [1922] UKPC 35, Appeal No. 97 of 1921
Bailii
Canada
Cited by:
Cited – Regina 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 . .
Cited – HM Revenue and Customs, Regina (on the Application of) v Raymond Machell QC and others Admn 21-Nov-2005
The claimant had had goods taken and destroyed by Revenue and Customs, which had been found to be wrongfully condemned. They had been awarded the market value of the goods at UK prices, though they had been bought in France.
Held: The market . .
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.222195

Durayappah v Fernando: PC 1967

An order had been made by a minister that the council of a local authority be dissolved. The council did not seek to challenge the order, but the appellant, the mayor, brought proceedings in his individual capacity to challenge the minister’s decision.
Held: He did not have the necessary standing. Lord Upjohn: ‘Apart altogether from authority their Lordships would be of the opinion that this was a case where the Minister’s order was voidable and not a nullity. Though the council should have been given the opportunity of being heard in its defence, if it deliberately chooses not to complain and takes no step to protest against its dissolution, there seems no reason why any other person should have the right to interfere. [Referring to Ridge v Baldwin] . . their Lordships can see no reason why any other person, such, for example, as a ratepayer of Brighton should have any right to contend that Mr. Ridge was still the Chief Constable of Brighton. As a matter of ordinary common sense, with all respect to other opinions that have been expressed, if a person in the position of Mr. Ridge had not felt sufficiently aggrieved to take any action by reason of the failure to afford him his strict right to put forward a defence, the order of the watch committee should stand and no one else should have any right to complain.’ and ‘Their Lordships therefore are clearly of opinion that the order of the Minister on May 29, 1966, was voidable and not a nullity. Being voidable it was voidable only at the instance of the person against whom the order was made, that is the council. But the council have not complained. The appellant was no doubt mayor at the time of its dissolution but that does not give him any right to complain independently of the council. He must show that he is representing the councilor suing on its behalf or that by reason of certain circumstances, such, for example, as that the council could not use its seal because it is in the possession of the Municipal Commissioner, or for .other reasons it has been impracticable for the members of the council to meet to pass the necessary resolutions, the council cannot be the plaintiff. Had that been shown then there are well-known procedures whereby the plaintiff can sue on behalf of himself and the other corporators making the council a defendant and on pleading and proving the necessary facts may be able to establish in the action that he is entitled to assert the rights of the council. That, however, is not suggested in this case. The appellant sets up the case that as mayor he is entitled to complain but as such he plainly is not. If the council is dissolved, the office of mayor is dissolved with it and he has no independent right of complaint; because he holds no office that is independent of the council. If the mayor were to be heard individually he could only deal with complaints against the council with which ex hypothesi the council itself did not wish to deal. So, accordingly, it seems to their Lordships that on this short ground the appellant cannot maintain this action.’
Lord Upjohn
[1967] 2 AC 337
Commonwealth
Citing:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Cited by:
Cited – Grierson, Regina (on the Application Of) v Atlantic Broadcasting Ltd and others Admn 26-Aug-2005
The claimant sought leave to challenge the decision of the Radio Licensing Authority to grant a radio station licence to the defendant.
Held: As a minority shareholder in one of the competing companies, he did not have sufficient standing to . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.229780

Regina v Secretary of State for the Home Department ex parte Garner and Others: Admn 19 Apr 1999

In exceptional cases, where judicial misconduct had been shown to have contributed to a wrongful conviction, it was proper for the Home Secretary to consider compensation for the defendant, and a policy excluding that as a possibility is unlawful.
Rose LJ and Richards J
Times 03-May-1999, [1999] EWHC Admin 320
swarbcouk
Criminal Justice Act 1988 133
England and Wales
Cited by:
Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .

Lists of cited by and citing cases may be incomplete.
Updated: 06 October 2021; Ref: scu.139584

Wooley v Maynard: 20 Apr 1977

(United States Supreme Court) New Hampshire statutes require that noncommercial motor vehicles bear license plates embossed with the state motto, ‘Live Free or Die,’ and make it a misdemeanor to obscure the motto. Appellees, Maynard and his wife, who are followers of the Jehovah’s Witnesses faith, view the motto as repugnant to their moral, religious, and political beliefs, and accordingly they covered up the motto on the license plates of their jointly owned family automobiles. Appellee Maynard was subsequently found guilty in state court of violating the misdemeanor statute on three separate charges and upon refusing to pay the fines imposed was sentenced to, and served, 15 days in jail. Appellees then brought this action in Federal District Court pursuant to 42 U.S.C. ss 1983, seeking injunctive and declaratory relief against enforcement of the New Hampshire statutes; a three-judge court enjoined the State from arresting and prosecuting appellees in the future for covering the motto on their license plates. Held :
1. The principles of equitable restraint enunciated in Younger v. Harris, [1883] USSC 85; 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669, do not preclude the District Court from exercising jurisdiction. Pp. 709-712.
(a) When a genuine threat of state prosecutions exists, a litigant is entitled to resort to a federal forum to seek redress for an alleged deprivation of federal rights, and, aside from Younger principles, may seek such redress under 42 U.S.C. ss 1983. Pp. 709-710.
(b) When the relief sought is wholly prospective, i. e., to preclude further prosecution under a statute alleged to violate constitutional rights, failure to seek state appellate review of criminal convictions does not bar relief in federal court. Huffman v. Pursue, Ltd., [1975] USSC 85; 420 U.S. 592, 95 S.Ct. 1200, 43 L.Ed.2d 482, distinguished. Pp. 710-711.
(c) The threat of repeated prosecutions in the future against both appellees, and the effect of such a continuing threat on their ability to perform the ordinary tasks of daily life that require an automobile, are sufficient to justify injunctive relief, and hence the District Court was not limited to granting declaratory relief. Pp. 711-712.
2. The State may not constitutionally require an individual to participate in the dissemination of an ideological message by displaying it on his private property in a manner and for the express purpose that it be observed and read by the public. Pp. 714-717.
(a) New Hampshire’s statute, by forcing an individual, as part of his daily life indeed constantly while his automobile is in public view to be an instrument for advocating public adherence to an ideological point of view he finds unacceptable, ‘invades the sphere of intellect and spirit which it is the purpose of the First Amendment . . . to reserve from all official control,’ Board of Education v. Barnette, [1943] USSC 130; 319 U.S. 624, 642[1943] USSC 130; , 63 S.Ct. 1178, 1187[1943] USSC 130; , 87 L.Ed. 1628. Pp. 714-715.
(b) The State’s claimed interests in requiring display of the state motto on license plates (1) so as to facilitate the identification of passenger vehicles, and (2) so as to promote appreciation of history, individualism, and state pride, are not sufficiently compelling to justify infringement of appellees’ First Amendment rights. The purpose of the first interest could be achieved by less drastic means, and the second interest cannot outweigh an individual’s First Amendment right to avoid becoming the courier for the State’s ideological message. Pp. 715-717.
406 F.Supp. 1381, affirmed.
Burger CJ
[1977] USSC 59, 430 US 705, 97 SCt 1428, 51 Led 2d 752
Worldlii
United States
Citing:
Cited – Board of Education et al v Barnette 14-Jun-1943
. .

Cited by:
Cited – Lee v Ashers Baking Company Ltd and Others SC 10-Oct-2018
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.668236

Board of Education et al v Barnette: 14 Jun 1943

(19430 319 US 624
United States
Cited by:
Cited – Wooley v Maynard 20-Apr-1977
(United States Supreme Court) New Hampshire statutes require that noncommercial motor vehicles bear license plates embossed with the state motto, ‘Live Free or Die,’ and make it a misdemeanor to obscure the motto. Appellees, Maynard and his wife, . .
Cited – Lee v Ashers Baking Company Ltd and Others SC 10-Oct-2018
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.668237

McConnell and Another, Regina (on The Application of) v The Registrar General for England and Wales: CA 29 Apr 2020

Whether the First Appellant, Alfred McConnell (whose name was at one time anonymised to TT), a transgender man and holder of a gender recognition certificate, is entitled to be registered as the ‘father’, or otherwise ‘parent’ or ‘gestational parent’, on the birth certificate of his son, YY, to whom he gave birth. YY is the Second Appellant. An anonymity order remains in place in relation to YY.
The Court said: ‘The third fundamental feature of the case is that there is no decision of the Strasbourg court which suggests the interpretation advanced by the appellants. The approach which the courts take under the HRA is in general to keep pace with the jurisprudence of the Strasbourg court but not to go beyond it: see R (Ullah) v Special Adjudicator [2004] 2 AC 323, para 20 (Lord Bingham of Cornhill) and R (Al-Skeini) v Secretary of State for Defence (The Redress Trust intervening) [2008] AC 153, paras 105-106 (Lord Brown of Eaton-under-Heywood).’
The Lord Burnett of Maldon CJ, Lady Justice King and Lord Justice Singh
[2020] EWCA Civ 559, [2020] WLR(D) 254, [2020] 2 FLR 366, [2020] HRLR 13, [2021] Fam 77, [2020] 3 FCR 387, (2020) 173 BMLR 1, [2020] 3 WLR 683, [2020] 2 All ER 813
Bailii, WLRD
Gender Recognition Act 2004 12, European Convention on Human Rights 8
England and Wales
Cited by:
Cited – Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care Admn 23-Sep-2021
Foetus has no Established Human Rights
The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 September 2021; Ref: scu.650493

Davies, Regina (on the Application of) v Secretary of State for Communities and Local Government and Another: Admn 28 Aug 2008

The claimant sought to challenge permission given for a new M6 link road.
Held: The objection was unarguable and was dismissed. There was a need to introduce a requirement for prior consent to applications under section 288.
Sullivan J
[2008] EWHC 2223 (Admin)
Bailii, Times
Town and Country Planning Act 1990 288
England and Wales

Updated: 23 September 2021; Ref: scu.276532

Rex v Shoreditch Assessment Committee, Ex parte Morgan: CA 6 Jul 1910

(At KBD and CA) A ratepayer claimed that the value of his hereditament had been reduced in value. Pursuant to section 47 of the Valuation (Metropolis) Act, 1869, he addressed a written requisition to the overseers. The section provided that: ‘If in the course of any year the value of any hereditament is increased by the addition of . . any building, or is from any cause increased or reduced in value . . (1) The overseers of the parish . . on the written requisition of . . any ratepayer . . shall, send to the assessment committee a provisional list containing the gross and rateable value as so increased or reduced of such hereditament.’ The section further provided that a person sending a requisition had to send a copy of it to the clerk to the assessment committee. The section further provided that if within fourteen days after the service of the requisition on the overseers they made default in sending the provisional list, then the clerk to the assessment committee was required forthwith to summon the assessment committee: ‘and the assessment committee shall appoint a person to make such provisional list, in the same manner as is in this Act provided in the case of the overseers failing to transmit a valuation list.’
After the ratepayer had addressed his written requisition to the overseers they failed, as required, to send a provisional list to the assessment committee. Because of the default of the overseers the assessment committee was summoned. The assessment committee instead of appointing a person to make a provisional list proceeded to consider the matter themselves and after hearing the ratepayer’s representative passed a resolution that they found as a question of fact that the premises had not been reduced in value during the year so as to warrant the committee appointing a person to make a provisional list.
Held: The ratepayer was entitled to a mandamus commanding the assessment committee to appoint a person to make a provisional list. Provided that there was prima facie evidence of a reduction in value, as it was held that there was, then it seemed plain on the wording of the section that the assessment committee were under obligation to ‘appoint a person to make such provisional list.’
Cozens-Hardy MR explained: ‘The ascertainment of the fact of reduction cannot be a condition precedent to the putting in force of the machinery by which it may be ascertained whether in truth there has been any reduction in value.’
Farwell LJ said that the ascertainment of the proper limits of the tribunal’s power of decision is a task for the court: ‘Subjection in this respect to the High Court is a necessary and inseparable incident for all tribunals of limited jurisdiction; for the existence of the limit necessitates an authority to determine and enforce it: it is a contradiction in terms to create a tribunal with limited jurisdiction and unlimited power to determine such limit at its own will and pleasure – such a tribunal would be autocratic, not limited – and it is immaterial whether the decision of the inferior tribunal on the question of the existence or non-existence of its own jurisdictions is founded on law or fact.’
Cozens-Hardy MR, Farwell LJ
[1910] 2 KB 859, [1910] UKLawRpKQB 121
Valuation (Metropolis) Act 1869
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 September 2021; Ref: scu.653281

Rex v Minister of Health: CA 1939

The Court was asked whether a claimant was entitled to a pension (a superannuation allowance). It was said that under the relevant legislation he could only get a pension if he had served for a certain number of years. That he had not done. It was said, however, that under one section of the legislation he would be entitled to receive a pension although he had not served for the stated period. There was a provision that in the case of any dispute as to the right of an officer to receive a pension (or as to its amount) such dispute was to be determined by the Secretary of State whose decision was to be final. The dispute was referred by the claimant to the Secretary of State. He decided that the claimant was entitled. One view was that if on a correct interpretation of the law no one could be granted a pension who lacked the requisite years of service, then there could be no dispute which the Minister had jurisdiction to entertain and that consequently the provision as to the finality of his decision would be no bar to an application for certiorari. A rule nisi for a writ of certiorari was discharged by the Divisional Court and an appeal from their decision was dismissed.
Held: The construction of the sections of the legislation came within the jurisdiction of the Minister with the result that even if he made a mistake of law in construing the sections his decision could not be challenged. Certiorari would not lie because if there were any mistakes of law (which the court rather doubted but as to which the court did not have to pronounce) they were mistakes of law within jurisdiction.
Greer LJ said: ‘if the Minister has wrongly construed the section, still he has not acted without jurisdiction, because a mere misconstruction of this section would not entitle the committee to say that the order was made without jurisdiction.’ He referred with approval to the following passage in Halsbury’s Laws of England, 2nd ed. (1933): ‘Where the proceedings are regular upon their face and the magistrates had jurisdiction, the superior court will not grant the writ of certiorari on the ground that the court below has misconceived a point of law. When the court below has jurisdiction to decide a matter, it cannot be deemed to exceed or abuse its jurisdiction, merely because it incidentally misconstrues a statute, or admits illegal evidence, or rejects legal evidence, or misdirects itself as to the weight of the evidence, or convicts without evidence.’
Slesser LJ said that at the highest it could not be said that the Minister had done anything more than to arrive at an erroneous decision.
Greer LJ, Slesser LJ
[1939] 1 KB 232, (1939) 108 LJKB 27
England and Wales

Updated: 20 September 2021; Ref: scu.653280

Regina v Fulham, Hammersmith and Kensington Rent Tribunal, Ex parte Hierowski: 1953

A rent had been determined and registered by a rent tribunal. A statutory provision gave power to reconsider the rent ‘on the ground of change of circumstances.’
Held: No change of circumstances had been alleged and that there was no jurisdiction to inquire whether a proper rent had been determined on the previous occasion.
[1953] 2 QB 147
England and Wales

Updated: 20 September 2021; Ref: scu.653282

Seereelall Jhuggroo v The Central Arbitration and Control Board and Another: PC 6 Oct 1952

(Mauritius)
[1952] UKPC 28, [1953] AC 151
Bailii
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.445976

Regina v His Honour Judge Sir Donald Hurst, ex parte Smith: QBD 1960

The County Court Judge had directed the removal from the electoral register the names of a number of persons who were not party to the proceedings before him. Motions were brought in the Divisional Court for an order of certiorari to quash his directions. The issue arose as to whether there was jurisdiction to do so, having regard to s.107 of the County Courts Act 1959 which provided: ‘Subject to the provisions of any other Act relating to county courts, no judgment or order of any judge of county courts, nor any appeal proceedings brought before him or pending in his court, shall be removed by appeal, motion, certiorari or otherwise into any other court whatever, except in the manner and according to the provisions of this Act mentioned.’
Held: Lord Parker CJ said: ‘The leading case on the matter is Ex p. Bradlaugh (1878), 3 Q.B.D. 509, where Mellor, J., put the principle in these words . . ‘It is well established that the provision taking away the certiorari does not apply where there was an absence of jurisdiction. The consequence of holding otherwise would be that a metropolitan magistrate could make any order he pleased without question.’
To the same effect is a number of cases including, coming to quite recent times, R. v. Worthington-Evans, Ex p. Madan [1959] 2 Q.B. at p.152 and Re Gilmore’s Application [1957] 1 Q.B. at p.588. I am quite satisfied that certiorari will lie against a county court judge if he has acted without jurisdiction, notwithstanding the sections of the County Courts Act, 1959, to which I have referred.’
Lord Parker CJ
[1960] 2 All ER 385
County Courts Act 1959 107
England and Wales
Cited by:
Cited – Cart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.442689

Regina v Medical Appeal Tribunal (North Midland Region), Ex parte Hubble: 1958

The claimant sought to receive money out of insurance funds fed by contributions from all employers, insured persons and the Exchequer. The procedure for determining whether the claimant is entitled to a disability benefit was said to be more like an inquest than an action.
Diplock J said: ‘A claim by an insured person to benefit under the Act is not truly analogous to a lis inter partes. A claim to benefit is a claim to receive money out of the insurance funds . . Any such claim requires investigation to determine whether any, and if so, what amount of benefit is payable out of the fund. In such an investigation, the minister or the insurance officer is not a party adverse to the claimant. If analogy be sought in the other branches of the law, it is to be found in an inquest rather than in an action.’
Diplock J
[1958] 2 QB 228, [1958] 2 All ER 374
England and Wales
Cited by:
Cited – Kerr 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 . .
Cited – Novitskaya v London Borough of Brent and Another CA 1-Dec-2009
Novitskaya_brentCA2009
The claimant appealed refusal of her claim for arrears of housing benefit.
Held: The appeal was allowed. The claim had been defective in having been made informally, but ‘the distribution of benefits is different from many other areas of civil . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.196893

Rex v Cheshire Justices, Ex parte Heaver Bros Ltd: 1912

The compensation authority, after the renewal of a licence of a public-house had been refused, had to decide how compensation was to be divided amongst the persons interested in the licensed premises. The lessees of the premises had been held (by the High Court after a case stated) to be entitled to be treated as persons interested in the premises. There was a proviso in the lease that if the renewal of the licence was refused the lease should cease and determine. By reason of the refusal of renewal the lease came to an end seven years before what would have been its ordinary expiration. The lessees claimed to participate by reference to the loss they sustained in consequence of not having the lease for its full term. The compensation authority awarded them a sum which was so small that there were strong grounds for thinking that the authority had proceeded upon a wrong basis. Applications were made by the lessees for certiorari and mandamus.
Held: The request failed. Certiorari would not be granted because the order made was good on its face, and mandamus would not be granted because the authority had not declined jurisdiction and because, whether they were right or wrong in their decision upon any question of law arising on the construction of a proviso in the lease or on the facts, the court could not interfere by mandamus as there would at most be an erroneous decision on matters within their jurisdiction.
Channel J said: ‘If there was an error in deciding a point of law which came before them for their decision in the course of their duty, we cannot set it right.’
Channel J
(1912) 108 LT 374, (1912) 29 TLR 23
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.653279

The Board of Trustees of The Maradana Mosque v The Honourable Badi-Ud-Din Mahmud and Another: PC 19 Jan 1966

(Ceylon) the rules of natural justice had been violated.
Where statutory authority was given to a Minister to act if he was satisfied that a school is being administered in a certain way he was not given authority to act because he was satisfied that the school had been administered in that way. It could be said that the Minister had asked himself the wrong question: so he had, but he never brought himself within the area of his jurisdiction.
[1966] UKPC 2, [1966] UKPC 2, [1967] 1 AC 13, [1966] 1 All ER 545, [1966] 2 WLR 921, [1967] 1 AC 645, [1966] 2 All ER 989
Bailii, Bailii
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.581040

Regina v Civil Service Appeal Board, Ex parte Cunningham: CA 1991

The court considered the effect of a disciplinary board failing to give reasons. The absence of any right to appeal may be a factor in deciding that reasons should be given. If it is ‘important that there should be an effective means of detecting the kind of error [by way of judicial review] which would entitle the court to intervene’ then the reasoning may have to be disclosed. Donaldson LJ said: ‘when a statute has conferred on any body the power to make decisions affecting individuals, the court will not only require the procedure prescribed by statute to be followed, but will readily imply so much and no more to be introduced by way of additional procedural standards as will ensure the attainment of fairness.’
The fact that leave to apply for judicial review has been granted calls for some reply from a pulic authority respondent. Once a public law court had concluded that there was an arguable case that a decision was unlawful, the court was entitled to be given the reasons for the decision. Lord Donaldson drew a further distinction between the legal duty on a public authority to provide an individual with reasons for a decision and the duty to provide a court with reasons for the authority’s conduct. Breach of the former duty can lead to the quashing of the decision without more. Failure to observe the latter can lead to the court drawing inferences adverse to the public authority, but it will not necessarily do so.
Donaldson LJ
[1991] 4 All ER 310, [1992] ICR 816
England and Wales
Citing:
Cited – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Cited by:
Cited – Regina v Ministry of Defence ex parte Colin James Murray QBD 15-Dec-1997
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had . .
Cited – Regina 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 . .
Cited – Marshall and Others v Deputy Governor of Bermuda and Others PC 24-May-2010
marshall_dgPC10
(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.249849

Marriott v Minister of Health: 1936

[1936] LJKB 105, [1939] 1 KB 232, [1938] 4 All ER 32
England and Wales
Cited by:
Appeal from (Affirmed) – Marriott v Minister of Health CA 1936
Nottingham Corporation on June 4th 1930, resolved that a certain area should be a clearance area, and on the same day made a compulsory purchase order in respect or part thereof. On that part of the area there were 39 houses of which 27 were the . .
Cited – Khanum v Mid Glamorgan Area Health Authority EAT 1979
In a domestic tribunal such as that a disciplinary hearing, all that is required is that the three basic requirements of natural justice be fulfilled; namely (1) that the person should know the nature of the accusation against him or her; (2) that . .

Lists of cited by and citing cases may be incomplete.
Updated: 11 September 2021; Ref: scu.518490

Ness Training Limited v Triage Central Ltd and c: ScHC 27 Aug 2001

The complainant sought a contract to deliver services to the New Deal system in Scotland as part of a joint venture. They incorporated in England, but were then told they needed to be a Scottish company. A new company was established in Scotland, which continued the services. The other members of the venture later declined to account of a share of the receipts, and a claim was made for such a share.
Held: A joint venture need not amount to a partnership in law. Were the business profits held subject to a trust? It was difficult to identify just what property might be subject to such a trust. In reality any duty extended to one to award a share in the company which was to be set up to run the venture. That was not what was claimed, and would fall short of what was claimed.
Lord Eassie
[2001] ScotCS 212, [2001] ScotHC 94
Bailii, Bailii
Scotland
Citing:
Cited – Aberdeen Railway Co v Blaikie Brothers HL 1854
The plaintiff needed a large quantity of iron chairs (rail sockets) and contracted for their supply over an 18-month period with Blaikie Bros a partnership. Thomas Blaikie was the managing partner of Blaikie Bros and a director and the chairman of . .

Lists of cited by and citing cases may be incomplete.
Updated: 11 September 2021; Ref: scu.166509

Ex parte Bradlaugh: QBD 1878

A section in an Act of Parliament read: ‘and if . . the magistrate or justices shall be satisfied that such articles, or any of them, are of the character stated in the warrant and that such or any of them have been kept for any of the purposes aforesaid, it shall be lawful for the said magistrate or justices, and he or they are hereby required to order the articles so seized . . to be destroyed . .’ appearing to take away the right of certiorari. Held not to apply in the case of a total absence of jurisdiction. An order by a magistrate for the destruction of obscene books under 20 and 21 Vict. c. 83, s. 1, is bad if it merely states that the magistrate was satisfied that the books were obscene, but not that he was satisfied that the publication of them would be a misdemeanour, and proper to be prosecuted as such.
Mellor J set out the principle of the right of access to a writ of certiorari: ‘It is well established that the provision taking away the certiorari does not apply where there was an absence of jurisdiction. The consequence of holding otherwise would be that a metropolitan magistrate could make any order he pleased without question.’
The order for destruction omitted to state: ‘that the magistrate who made it was satisfied that the books ordered to be destroyed were the proper subject of a prosecution, and therefore the order on the face of it shows an absence of jurisdiction.’
Cockburn CJ said: ‘The order, therefore, does not state the existence of matter that is essential to the jurisdiction.’ Even on the assumption that a ‘no certiorari’ section was applicable a rule for certiorari was made absolute: ‘This is an objection founded upon an absence of jurisdiction appearing on the face of the order; and I am clearly of opinion that the section does not apply when the application for the certiorari is on the ground that the inferior tribunal has exceeded the limits of its jurisdiction’
Mellor J, Cockburn CJ
(1878) 3 QBD 509, (1878) 47 LJMC 105, [1878] UKLawRpKQB 56
Commonlii
England and Wales
Cited by:
Cited – Cart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.442687

Rex v The London County Council: CA 1931

Scrutton LJ said: ‘The writ of certiorari is a very old and high prerogative writ drawn up for the purpose of enabling the Court of King’s Bench to control the action of inferior Courts and to make it certain that they shall not exceed their jurisdiction; and therefore the writ of certiorari is intended to bring into the High Court the decision of the inferior tribunal, in order that the High Court may be certified whether the decision is within the jurisdiction of the inferior Court. There has been a great deal of discussion and a large number of cases extending the meaning of ‘Court’. It is not necessary that it should be a Court in the sense in which this Court is a Court; it is enough if it is exercising, after hearing evidence, judicial functions in the sense that it has to decide on evidence between a proposal and an opposition; and it is not necessary to be strictly a Court; if it is a tribunal which has to decide rights after hearing evidence and opposition, it is amenable to the writ of certiorari; and I do not discuss the nature of the writ, because very elaborate discussions of it will be found in the recent cases of Rex v. Electricity Commissioners and Rex v. Minister of Health.’
Scrutton LJ
[1931] 2 KB 215
England and Wales
Cited by:
Cited – Rex v Northumberland Compensation Appeal Tribunal, ex Parte Shaw CA 19-Dec-1951
A tribunal had wrongly calculated his ‘service’ when assessing the applicant’s compensation for loss of office as clerk to the Hospital Board. There was no right of appeal against its decisions. The Attorney General had argued that certiorari would . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.442727

Sir Henry Edward Bunbury, Bart v Philip Fuller: 25 Jun 1853

A section of an Act of Parliament imposed a restraint on the jurisdiction of tithe commissioners in the case of lands in respect of which the tithes had already been perpetually commuted or statutorily extinguished. The tithe commissioners had, therefore, no jurisdiction over such lands. In a question of jurisdictional or precedent fact the ultimate arbiters are the courts rather than any public authorities involved. A tithe commissioner could not give himself jurisdiction over land which had previously been discharged from tithe.
Coleridge J said: ‘Now it is a general rule, that no court of limited jurisdiction can give itself jurisdiction by a wrong decision on a point collateral to the merits of the case upon which the limit to its jurisdiction depends; and however its decision may be final on all particulars, making up together that subject-matter which, if true, is within its jurisdiction, and, however necessary in many cases it may be for it to make a preliminary inquiry, whether some collateral matter be or be not within the limits, yet upon this preliminary question, its decision must always be open to inquiry in the superior court.’
The learned judge instanced the case of a judge having a jurisdiction limited to a particular hundred before whom a matter was brought as having arisen within it: if the party charged contended that it arose in another hundred, then there would be a collateral matter which was independent of the merits of the claim: ‘on its being presented, the judge must not immediately forbear to proceed, but must inquire into its truth or falsehood, and for the time decide it, and either proceed or not with the principal subject-matter according as he finds on that point; but this decision must be open to question, and if he has improperly either forborne or proceeded on the main matter in consequence of an error, on this the Court of Queen’s Bench will issue its mandamus or prohibition to correct his mistake.’
Coleridge J
[1853] EngR 768, (1853) 9 Exch 111, (1853) 156 ER 47
Commonlii
England and Wales
Cited by:
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.294754

Regina v Fulham, Hammersmith and Kensington Rent Tribunal, ex parte Zerek: 1951

A rent tribunal could not give itself jurisdiction over an unfurnished letting. Devlin J said: ‘While they will not allow every empty threat to their jurisdiction to deter them from their proper business of fixing reasonable rents, they will likewise appreciate that they are not by their nature equipped for the trial of matters which in the ordinary civil court would be determined after pleading and discovery had been given and evidence on oath tested by cross-examination, and possibly, also after trial by jury. The tribunal cannot be required to determine summarily such an issue if it involves a point of substance and if one or other of the parties is willing to have it determined in the ordinary civil courts.’
Devlin J
[1951] 2 KB 1
England and Wales
Cited by:
Cited – Grammer v Lane and Others CA 2-Dec-1999
A partnership involving the plaintiff took a tenancy of agricutural land. The plaintiff then said that the tenency had been extended to other land. The successor to the freehold denied that extension, but served a rent demand and for repairs both . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.238658

The Queen v The Board Of Works For The District of St Olave’s, Southwark: 18 Nov 1857

Certiorari availablity for Error of Law

A party said he had been an officer of certain Commissioners, whose functions by statute came to an end, and was entitled to compensation. He applied for it to the district board. They rejected his claim. He appealed to the Metropolitan Board of Works who allowed it. In respect of their decision there was a ‘no certiorari’ clause. A rule was obtained to quash the order of the Metropolitan Board, and affidavits were filed in support of a contention that the person concerned had ceased to be an officer before the Act came into operation which ended the Commissioners’ functions. In showing cause against the rule it was submitted that the question whether the person was an officer was the very point that the Metropolitan Board had on appeal to decide. In support of the rule it was submitted that the facts were not disputed on the appeal and that the decision ‘was entirely on a mistake of law.’ To that submission Lord Campbell CJ replied: ‘Supposing it to be so the court of appeal were to decide both on law and fact.’ The Court held that the certiorari ought not to have been granted and the rule to quash the order of the metropolitan board was discharged. Lord Campbell CJ said that it was not a case in which the jurisdiction of the board depended on a preliminary point and that if they thought that the person was de jure an officer and entitled to compensation their order was not removable.
Lord Campbell CJ
[1857] EngR 897, (1857) 8 El and Bl 529, (1857) 120 ER 198
Commonlii
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.290643

Regina v Cotham: QBD 30 Apr 1898

By 9 Geo. 4, c. 61, s. 4, licensing justices at special transfer sessions have power to license persons, ‘ intending to keep inns theretofore kept by other persons being about to remove from such inns/’ to sell exciseable liquors by retail. Justices, acting under that section, granted a licence by way of transfer from a person who was not and had not been in occupation of the premises in respect of which he held it, and no exciseable liquors had been sold upon those premises for many years.
Held: that as the justices had disregarded the provisions of the statute giving them jurisdiction, and must have acted upon some considerations altogether outside that statute, they had not heard and determined the matter according to law, and that a mandamus ought to go commanding them so to hear and determine it.
To obtain an order of mandamus, the applicant must show that he has a sufficient interest.
Matters ‘absolutely apart from the matters which by law ought to be taken into consideration’ must be ignored.
Kennedy J. noted the distinction between, on the one hand, disregarding the provisions of a statute and considering matters which ought not to be considered and, on the other hand, what he called ‘a mere misconstruction of an Act of Parliament.’
Kennedy J
[1898] 1 QB 802
Commonlii
England and Wales

Updated: 09 September 2021; Ref: scu.258764

Regina v Governor of Brixton Prison, ex parte Soblen: CA 1963

Lord Denning MR discussed a decision to deport the applicant. The validity of the Minister’s act: ‘depends on the purpose with which the act is done.: ‘If it was done for an authorised purpose, it was lawful. If it was done professedly for an authorised purpose, but in fact for a different purpose with an ulterior object, it was unlawful.’
Lord Denning MR
[1963] 2 QB 243
England and Wales
Citing:
Cited – Rex v Leman Street Police Station Inspector, ex parte Venicoff 1920
The Aliens Order of 1919 empowered the Secretary of State to make a deportation order against an alien if he deemed it to be conducive to the public good. The Home Secretary had expressed no concluded view that the critical allegations, namely . .

Cited by:
Cited – Regina 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 . .
Cited – Schmidt and Another v Secretary of State for Home Affairs CA 19-Dec-1968
The plaintiffs had come to England to study at a college run by the Church of Scientology, and now complained that their student visas had not been extended so as to allow them to complete their studies. They said that the decision had been made for . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.262975

Thomas v University of Bradford: HL 1987

The lecturer sought an order for the University to comply with what he understood were its own rules. The House considered the availability of a remedy of certiorari in challenging a decision of the University visitors.
Held: A university is not a public body and its decisions are not subject to judicial review. Where an applicant’s Convention Rights, in particular Art 6, are not engaged then the matters in dispute would presently fall exclusively within the visitorial jurisdiction of the university – subject only to the possibility that any ultimate decision of the Board of Visitors might itself be judicially reviewable. Someone such as a professor may be both office holder and employee.
Lord Griffiths said: ‘the exclusivity of the jurisdiction of the visitor is in English law beyond doubt and established by an unbroken line of authority spanning the last three centuries from Philips v Bury (1694) Skin 447 to Hines v Birkbeck College (1985) 3 All ER 15L.’ and ‘I now turn to consider the scope of the visitatorial jurisdiction. The jurisdiction stems from the power recognised by the common law in the founder of an eleemosynary corporation to provide the laws under which the object of his charity was to be governed and to be sole judge of the interpretation and application of these laws either by himself or by such person as he should appoint as a visitor.’
Lord Griffiths
[1987] 1 AC 795, [1987] 1 All ER 834, [1987] ICR 245, [1987] 2 WLR 677
England and Wales
Citing:
Cited – Philips v Bury PC 1694
A university visitor, acting as a judge has exclusive jurisdiction, and his decision is final in all matters within his jurisdiction. . .

Cited by:
Remarks Explained – Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 September 2021; Ref: scu.542701

Warner, Regina (on The Application of) v Secretary of State for Justice: Admn 15 Jul 2020

Complaint by prisoner after refusal of Criminal Cases Review Commission to refer his case to the court, that the Commission was biased having a lack of independence from its sponsoring government department, The Ministry of Justice.
Fulford VP CACD LJ, Whipple J
[2020] EWHC 1894 (Admin)
Bailii
England and Wales

Updated: 14 August 2021; Ref: scu.652593

Mitchell, Regina (on The Application of) v Secretary of State for Justice: Admn 9 Aug 2021

Request for judicial review of the Defendant’s decision not to consult on whether victims of child sexual abuse with unspent convictions of a specified type should continue to be subject to a blanket exclusion from awards of compensation by application of the exclusionary rule in paragraph 3 of Annex D of the Criminal Injuries Compensation Scheme.
Mrs Justice Lang DBE
[2021] EWHC 2248 (Admin)
Bailii
England and Wales

Updated: 14 August 2021; Ref: scu.666526

Bellinger v Bellinger: FD 22 Nov 2000

The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the years, this was an area which, if it was to be reformed, must be reformed by parliament and as a comprehensive whole, not piecemeal by judges. Johnson J said: ‘There is now a distinct possibility that were it possible to do so, examination of the brain of a living individual would reveal further indications of gender. But that is not yet possible and the practical reality is that whatever may ultimately emerge from advances in medical science, the only criteria for determining the gender of an individual remain those identified in Corbett.’
Johnson J
Times 22-Nov-2000, [2001] 1 FLR 389
Matrimonial Causes Act 1973 11
England and Wales
Citing:
Cited – Corbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .

Cited by:
Appeal from – Bellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
At first instance – Bellinger v Bellinger HL 10-Apr-2003
Transgendered Male/Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.78325

Rad Service and Others (Public Procurement of Service, Supply and Works Contracts – Tendering Procedure – Judgment): ECJ 3 Jun 2021

Reference for a preliminary ruling – Public procurement of service, supply and works contracts – Directive 2014/24/EU – Conduct of the tendering procedure – Choice of participants and award of contracts – Article 63 – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Article 57(4)(6) and (7) – Untruthful declarations submitted by that entity – Exclusion of that tenderer without requiring or permitting it to replace that entity – Principle of proportionality
C-210/20, [2021] EUECJ C-210/20, ECLI:EU:C:2021:445
Bailii
European

Updated: 07 August 2021; Ref: scu.664330

Kennedy v United Kingdom: ECHR 18 May 2010

The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to MI5 and GCHQ under the Data Protection Act 1998 to discover whether information about him was being processed had been refused on the grounds of national security. Complaints about such refusals to the Investigatory Powers Tribunal (‘IPT’) chaired by Lord Justice Mummery were examined in private. They concluded with the IPT simply notifying Mr Kennedy that no determination had been made in his favour in respect of his complaints. This ‘meant either that there had been no interception or that any interception which took place was lawful’.
Held: The claim under article 8 failed. The domestic law, practice and safeguards relating to surveillance satisfied the conditions of that article. Leander v Sweden established that the requirement that the consequences of the domestic law must be foreseeable, before any interference could be said to be ‘in accordance with the law’ under article 8(2), ‘cannot be the same in the context of interception of communications as in many other fields’.
As to Article 6, the Court found it unnecessary to decide whether this article applies to proceedings concerning a decision to put someone under surveillance, because it concluded that, assuming it does, the IPT’s rules of procedure complied with the requirements of article 6(1).
[2010] ECHR 682, 26839/05, [2011] 52 EHRR 4
Bailii
Regulation of Investigatory Powers Act 2000 65(2)(b) 65(4), European Convention on Human Rights 8 13, Data Protection Act 1998
Human Rights
Citing:
See Also – Kennedy v United Kingdom ECHR 20-Nov-2008
. .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Cited – Doorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
Cited – Jasper v The United Kingdom ECHR 16-Feb-2000
Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials.
Held: The right was . .

Cited by:
Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Secretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others SC 15-May-2019
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Cited – Belhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.430517

Alesa v Commission: ECFI 14 Jul 2016

ECJ (Judgment) Public service contracts – Tendering procedure for tenders – Provision of technical assistance to the Chinese authorities for the purposes of the project’ Sustainable Urbanization – Relationship between eco-cities in Europe and China (EC-LINK) ‘- negotiated procedure – Article 266, paragraph 1, of the delegated Regulation (EU) No 1268/2012 – Transparency – Equal treatment – non-contractual liability
ECLI:EU:T:2016:413, [2016] EUECJ T-99/14
Bailii
Regulation (EU) No 1268/2012
European

Updated: 30 July 2021; Ref: scu.566893

Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority: SC 16 May 2018

No Administrative Duty of Equal Treatment

Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties to secure settlements of alleged breaches of competition law. The appellants complained that another company had been given settlement agreements better than theirs.
Held: The appeal was allowed. The company had not requested the particular term offered to the other party. Domestic administrative law does not recognise a distinct principle of equal treatment. Consistency is a generally desirable objective, but not an absolute rule. The OFT applied a consistent set of legal and policy criteria. A legitimate expectation of equal treatment had been created, but said nothing as to the legal consequences of such an expectation.
Lord Mance, Deputy President, Lord Sumption, Lord Carnwath, Lord Hodge, Lord Briggs
[2018] UKSC 25, [2018] WLR(D) 300, UKSC 2016/0185, [2019] AC 96, [2018] 4 All ER 183, [2018] 5 CMLR 2, [2018] 2 WLR 1583, [2018] Bus LR 1313
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Vid Simmary, SC Vid 2018 Mar 13 am, SC Vid 2018 Mar pm, SC Vid 2018 Mar 19 am
Competition Act 1998 2(1) 31
England and Wales
Citing:
Appeal from – Gallaher Group Ltd and Another v Competition and Markets Authority CA 15-Jul-2016
Restriction or distortion of competition . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Commissioners of the European Communities v Assidoman Kraft Produncts Ab and Others ECJ 14-Sep-1999
Wood Pulp II
A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
Cited – The Office of Fair Trading v Somerfield Stores Ltd and Another CA 7-Apr-2014
The court was asked whether the Competition Appeal Tribunal was right to find that there were ‘exceptional circumstances’ justifying an extension of time for appealing a decision of the Appellant, the Office of Fair Trading. The court held that . .
Cited – Middlebrook Mushrooms Ltd, Regina (on the Application of) v Agricultural Wages Board of England and Wales Admn 18-Jun-2004
The company complained that whereas the generality of employers in agriculture were exempt from control under the minimum wage system, mushroom growers had not been exempted.
Held: The withdrawal of the exemption was irrational and . .
Cited – Crest Nicholson Plc v Office of Fair Trading Admn 24-Jul-2009
The company challenged as unfair its treatment by the respondent in imposing fines for anti-competive behaviour. The claimant was successor of the company who had misbehaved, but the claimant no longer operated in the area and had no employees from . .
Cited – Regina 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 . .
Cited – Regina 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 . .
Cited – Kone Bv v European Commission ECJ 24-Oct-2013
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Market for the installation and maintenance of elevators and escalators – Fines – Notice on immunity from fines and reduction of fines in . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – O’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 . .
Cited – Padfield 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 . .
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .
Cited – Regina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – The United Policyholders Group and Others v The Attorney General of Trinidad and Tobago PC 28-Jun-2016
(Trinidad and Tobago) The appellants, all residents of Trinidad and Tobago, held life policies issued by the Colonial Life Insurance Company (CLICO). Their claim arose out of the banking crisis in early 2009 when CLICO was in serious financial . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.615570

Regina 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 decided to abandon the competitive procedure and then gave one of the bidders an opportunity to allay its concerns about their suitability. It did not give the same opportunity to Camelot.
Held: This was conspicuously unfair.
Where an authority was exercising a statutory power, that power must be exercised fairly. It was unacceptably unfair, in a licensing procedure, to continue negotiations with only one of two applicants where the applications of both had been rejected on the first round. Such a lack of even-handedness required clear and compelling justification which was absent in this case. Each applicant must be given the same opportunity to negotiate.
Richards J
Times 12-Oct-2000, [2001] EMLR 3, [2000] EWHC Admin 391
Bailii
England and Wales
Citing:
Applied – Regina 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 . .

Cited by:
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.140206

Regina 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 warning, was so unfair as to amount to an abuse of power, notwithstanding that the court accepted that the practice was not such as to engage the legitimate expectation doctrine.
The Commissioners are under a common law duty to treat taxpayers fairly, and not to discriminate without justification between taxpayers. It is not always a condition for a legitimate expectation to arise that there should be a clear, unambiguous and unqualified representation by the public authority, the test is whether the public authority has acted so unfairly that its conduct amounts to an abuse of power.
Sir Thomas Bingham MR said: ‘the categories of unfairness are not closed, and precedent should act as a guide not a cage’ and ‘These points cumulatively persuade me that on the unique facts of this case the Revenue’s argument should be rejected. On the history here, I consider that to reject Unilever’s claims in reliance on the time limit, without clear and general advance notice, is so unfair as to amount to an abuse of power’.
Simon Brown LJ said: ”Unfairness amounting to an abuse of power’ as envisaged in Preston and the other Revenue cases is unlawful not because it involves conduct such as would offend some equivalent private law principle, not principally indeed because it breaches a legitimate expectation that some different substantive decision will be taken, but rather because either it is illogical or immoral or both for a public authority to act with conspicuous unfairness and in that sense abuse its power. As Lord Donaldson MR said in R v ITC, ex p TSW: ‘The test in public law is fairness, not an adaptation of the law of contract or estoppel’.’
and ‘on the one hand mere unfairness – conduct which may be characterised as ‘a bit rich’ but nevertheless understandable, and on the other hand a decision so outrageously unfair that it should not be allowed to stand.’
Simon Brown LJ, Sir Thomas Bingham MR
[1996] STC 681
England and Wales
Citing:
Appeal from – Regina v Inland Revenue Commissioners Ex Parte Unilever Plc and Others QBD 12-Sep-1994
The Inland Revenue is to notify taxpayer of a change in acquiescence in practice to late payment. . .

Cited by:
Cited – Regina on the Application of Wilkinson v The Commissioners of Inland Revenue CA 18-Jun-2003
The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent . .
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Dictum Adopted – Regina (On the Application of Bajram Zeqiri) v Secretary of State for The Home Department CA 12-Mar-2001
The applicant’s case had been delayed to allow a test case as to whether Germany was to be treated as a safe country for the return of asylum seekers. Before the test case appeal was abandoned, circumstances changed so as to allow certification of . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Applied – Regina 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 . .
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.184333

HTV Ltd v Price Commission: CA 1976

Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: ‘It is a common place of modern law that such bodies [the Price Commission] must act fairly . . it is not really surprising that a code must be implemented fairly, and that the courts have power to redress unfairness’.
Scarman LJ
[1976] ICR 170
England and Wales
Cited by:
Cited – Regina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Regina (on the Application of Chorion Plc) v Westminster City Council Admn 5-Oct-2001
A licensing policy had been challenged and then amended by the defendant council to meet the claimant’s concerns. Though the remaining issue was as to costs; the judge had to decide whether the challenge had been well founded.
Held: The policy . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.228425

Milton Keynes Council and Others, Regina (on The Application of) v Secretary of State for Communities and Local Government: Admn 11 Apr 2011

Claimant local authorities sought judicial review of the defendant’s decision to make statutory instruments. The claim sought to quash some provisions of the statutory instruments relating to houses in multiple occupation. The Councils, all of whom experienced problems with HMOs, as did other local authorities. The claimants said that the defendant ought to have consulted directly with local planning authorities before deciding to make the two statutory instruments.
[2011] EWHC 1060 (Admin)
Bailii
Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2010, Town and Country Planning (Compensation) (No 3) (England) Regulations 2010
England and Wales

Updated: 24 July 2021; Ref: scu.440074

Regina 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 their conditions of entry or who are overstayers.
Stuart-Smith LJ pointed out that the adjudicator is concerned with the existence of the power and not with the exercise of the power.
Stuart-Smith LJ
[1990] 2 WLR 1195
Immigration Act 1971
England and Wales
Citing:
Appeal from – Regina 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 . .

Cited by:
Appeal from – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2021; Ref: scu.541390

Wood v Law Society: QBD 28 Jul 1993

The claimant said that her several complaints to the Law Society about her former solicitor had been negligently handled.
Held: There is no general duty of care owed to clients, or opponents, of solicitors on the part of the Law Society, as to the manner in which they exercise their duties and discretions under the Solicitor’s Act.
Otton J
Independent 29-Jul-1993, Times 30-Jul-1993
Solicitors Act 1974
England and Wales
Cited by:
Appeal from – Wood v Law Society CA 1-Mar-1995
The solicitor had acted for the client in a series of loans, and had not disclosed his own directorship in one or more of the companies. His firm later acted for the lender in recovering possession form their former client. The claimant made several . .

Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2021; Ref: scu.90587

JR80, Re Application for Judicial Review: QBNI 11 Jan 2019

By this ruling the court determines the applicant’s quest to amend further the Order 53 pleading with a view to pursuing additional forms of relief based on new grounds – challenge to the failure of the responsible agencies to give effect to the recommendations of the Northern Ireland Historical Institutional Abuse report.
[2019] NIQB 1
Bailii
Northern Ireland

Updated: 18 July 2021; Ref: scu.636813

British Union for the Abolition of Vivisection v Home Office and Another: CA 30 Jul 2008

The union sought disclosure of information supplied to the respondent when the applicant applied for licences to carry out animal experiments.
Held: The information had been supplied in confidence. The test was a subjective one as to the state of mind of the information provider, and not a test under the strict law of confidentiality. The 1986 Act under which the information had been provided for such confidence.
Lord Phillips of Worth Matravers, LCJ, Lord Justice Carnwath and Lady Justice Hallett
[2008] EWCA Civ 870, Times 05-Aug-2008, [2009] 1 WLR 636, [2009] 1 All ER 44
Bailii
Animals (Scientific Procedures) Act 1986, Freedom of Information Act 2000
England and Wales
Citing:
Appeal from – Secretary of State for the Home Office v British Union for the Abolition of Vivisection and Another QBD 25-Apr-2008
. .

These lists may be incomplete.
Updated: 17 July 2021; Ref: scu.271257

Garvin Trustees Ltd v The Pensions Regulator: UTTC 17 Nov 2014

UTTC PENSIONS REGULATOR – contribution notices – procedure – disclosure whether Applicant obliged to maintain legal professional privilege over documents passed to him by liquidator of sponsoring employer – no because employer dissolved – whether documents concerned not privileged as falling within the iniquity principle – no – disclosure permitted
[2014] UKUT B8 (TCC)
Bailii
England and Wales

Updated: 16 July 2021; Ref: scu.539409

Freeserve Com Plc, Regina (on the Application Of) v Customs and Excise: Admn 31 Oct 2003

The applicant sought to challenge a decision of the respondent not to charge a US competitor trading within the UK to VAT. They complained that the decision had been affected by irrelevant considerations.
Held: A supplier making supplies from outside the UK, is not bound to account for VAT on that supply of services to a UK consumer, except in the supply of telecom services from outside the United Kingdom. Here the letter announcing the decision was not a formal record of decision, but rather explanatory. A proper assessment of the relevant issues appeared to have taken place. The decision not to charge AOL to VAT gave them a substantial competitive advantage, but the commissioners were sensible to allow for forthcoming changes which would remove that advantage. Had it been necessary to make a finding, the court would also have disputed the claimant’s standing to make the complaint.
Evans-Lombe J
[2003] EWHC 2736 (Admin)
Bailii
England and Wales
Citing:
Distinguished – Regina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .

These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.188497

Citizens UK, Regina (on The Application of) v Secretary of State for The Home Department: CA 31 Jul 2018

The court considered the need for a public authority to be candid when replying to a claim for judicial review.
Held: In the context, an omission to disclose can amount to misleading the court.
Hickinbottom, Singh, Asplin LJJ
[2018] EWCA Civ 1812, [2018] WLR(D) 497, [2019] 1 All ER 416, [2019] INLR 84, [2018] 4 WLR 123, [2019] Imm AR 86
Bailii, WLRD
England and Wales

Updated: 14 July 2021; Ref: scu.621033

S1, T1, U1 and V1 v Secretary of State for The Home Department: CA 16 Jun 2016

The three appellants were deprived of their nationality when they were in Pakistan where they had been since 2009. One of their arguments before SIAC was that they had not been allowed to return to the UK to take part in their appeals. SIAC decided a preliminary issue against them which was whether the appeals should be allowed because it was impossible to decide them fairly as the appellants were in Pakistan. They submitted that they were inhibited from giving full instructions to their solicitors who had visited Pakistan three times, although they had put in written statements. The Secretary of State pointed out that they had not engaged with the substance of the OPEN national security case against them. They submitted that SIAC should either have allowed their appeals or in their parallel application for judicial review the deprivation orders should be quashed and orders made that the appeals be heard again with the appellants enabled to return to the UK to pursue them. The appellants challenged the withdrawal of their British citizenship arising from alleged membership of terrorist organisation.
Burnett LJ approved the ‘simple answer’ of SIAC in that case to the appellant’s argument that the timing of the deprivation order made it impossible for them to return, which was that there are two stages to the statutory process: the deprivation decision and the deprivation order and SIAC had no jurisdiction to consider an appeal against an order, let alone its timing. Burnett LJ noted that the orders were made when they were to prevent the appellants from travelling to the UK but that timing had nothing to do with potential appeals, rather, as in L1, they had been made to safeguard national security.
Briggs, Burnett, Lindblom LJJ
[2016] EWCA Civ 560
Bailii
British Nationality Act 1981 40
England and Wales
Cited by:
Cited – Begum v Special Immigration Appeals Commission and Others CA 16-Jul-2020
Return To UK to fight Citizenship Withdrawal
The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an . .

These lists may be incomplete.
Updated: 14 July 2021; Ref: scu.565679

Elan-Cane, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 22 Jun 2018

Challenge to the lawfulness of the current policy of Her Majesty’s Passport Office to require those who apply for the issue of a passport to declare whether their gender is either male or female, and that a passport will only be issued bearing an ‘M’ (male) or ‘F’ (female) indicator in the sex field, rather than an ‘X’, indicating an unspecified sex.
Held: The Appellant’s non-gender identity did fall within the scope of the right to respect for private life protected by Article 8 ECHR, and the Appellant’s Article 8 right was therefore engaged. However, the Government’s continuing policy did not amount to an unlawful breach of that right and there was therefore no positive obligation on the Government to provide an ‘X’ marker on passports.
A literal reading of the language might lead the reader to conclude that the Appellant ‘is not concerned with gender identification at all’, but the judge rejected that notion, saying: ‘my understanding of what is intended to be conveyed by the use of this phrase is that the claimant is seeking to identify outside the binary concept of gender, rather than entirely rejecting the concept of gender altogether. Furthermore, not only does the current NHS definition of gender dysphoria recognise situations outside the accepted concept of transgenderism, (and the claimant’s hysterectomy was undertaken by the NHS), but it is clear from Kate O’Neil’s evidence that the GEO recognises that an individual’s gender identity includes, ‘. . male, female, both, neither or fluid.’
That being the case, in my judgment, the claimant’s identification is one relating to gender and I consider that it is one encompassed within the expression ‘gender identification’ in Van Kuck.’
‘Although at one time the terms ‘sex’ and ‘gender’ were used interchangeably (and confusingly still are on occasions), due to an increased understanding of the importance of psychological factors (albeit these may be due to differences in the brain’s anatomy), sex is now more properly understood to refer to an individual’s physical characteristics, including chromosomal, gonadal and genital features, whereas gender is used to refer to the individual’s self-perception.’
Jeremy Baker J
[2018] EWHC 1530 (Admin), [2018] WLR(D) 397, [2018] 4 All ER 519, [2018] 1 WLR 5119
Bailii, WLRD
European Convention on Human Rights 8
England and Wales
Cited by:
Appeal from – Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .
Cited – FDJ, Regina (on The Application of) v Secretary of State for Justice Admn 2-Jul-2021
The Claimant challenged the lawfulness of the Defendant’s policies relating to the care and management within the prison estate of persons who identify as the opposite gender from that which was assigned to them at birth. In particular, she . .

These lists may be incomplete.
Updated: 04 July 2021; Ref: scu.618996

The Good Law Project and Another, Regina (on The Application of) v Secretary of State for Health and Social Care: TCC 3 Dec 2020

Hearing of the Claimants’ renewed oral applications for permission to claim judicial review in respect of the Defendant’s decisions to make direct awards of contracts for the supply of personal protective equipment to the Interested Parties pursuant to Regulation 32(2)(c) of the Public Contracts Regulations 2015.
[2020] EWHC 3609 (TCC)
Bailii
Public Contracts Regulations 2015 32(2)(c)
England and Wales

Updated: 20 June 2021; Ref: scu.663173

The 3MILLION Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 5 May 2021

Claimant’s renewed application for permission to claim judicial review of the decision of the Defendant to adopt a policy of ‘digital only status’ for those granted leave to remain in the United Kingdom under the EU Settlement Scheme. This decision is part of a government strategy to move to a position whereby the border and immigration system should be ‘digital by default’ for all foreign nationals.
[2021] EWHC 1159 (Admin)
Bailii
England and Wales

Updated: 19 June 2021; Ref: scu.662348