Category: Administrative

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 complaints to the Law Society.
Held: A damages claim against Law Society for failure to deal properly with a complaint failed. The plaintiff’s damages did not arise from the Society’s fault, but that of the solicitor.

Citations:

Times 02-Mar-1995, Independent 01-Mar-1995

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Negligence, Administrative, Legal Professions

Updated: 27 October 2022; Ref: scu.90586

S, Regina (on the Application of) v Secretary of State for Education: CA 15 Jul 1994

Citations:

[1995] ELR 71, [1994] EWCA Civ 37, [1995] 2 FCR 225, [1995] COD 48

Links:

Bailii

Statutes:

Education Act 1981 8

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for Education ex parte S QBD 21-Dec-1993
The Secretary of State is to disclose all advice on appeal against special needs assessment. . .

Cited by:

Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 27 October 2022; Ref: scu.267531

Regina v Secretary of State for the Home Department ex parte Chahal: CA 27 Oct 1993

Chahal was a Sikh separatist leader who was refused asylum and whom the Secretary of State proposed to deport to India as a threat to national security here.
Held: The Home Secretary must balance the need to deport against against any threat to the deportee’s safety, but his decision was only to be challenged if it was irrational or perverse or unlawful. The court was entitled to look at the assessment made of the risks to the applicant should he be deported in order to determine whether the rejection of the asylum claim was Wednesbury unreasonable. Neill LJ concluded that ‘That the court has power to examine the grounds on which a deportation order is made even where the interests of national security are relied upon, though in practice the the court’s power of scrutiny may be limited.’

Judges:

Staughton LJ, Neill LJ

Citations:

Gazette 17-Dec-1993, Independent 10-Nov-1993, Times 27-Oct-1993, [1995] 1 All ER 658

Statutes:

Immigration Act 1971 3(5)(b)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for the Home Department: ex parte Chahal QBD 5-Apr-1993
The Home Secretary need not consider any risk of torture as an issue separate from that of persecution, when considering making an order for deportation. . .

Cited by:

Appeal from – Chahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
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 . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 26 October 2022; Ref: scu.87840

Regina v Law Society, ex parte Curtin: CA 3 Dec 1993

The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name.

Citations:

Ind Summary 13-Dec-1993, Times 03-Dec-1993

Statutes:

Courts and Legal Services Act 1990 79

Jurisdiction:

England and Wales

Legal Professions, Administrative

Updated: 26 October 2022; Ref: scu.87134

Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another: CA 12 May 1994

The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.

Citations:

Independent 12-May-1994, [1995] 1 WLR 845

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Criminal Injuries Compensation Board Ex Parte P QBD 29-Apr-1993
A claim under the scheme is to be understood as a privilege and rules excluding some claims not perverse. . .

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.

Personal Injury, Administrative

Updated: 26 October 2022; Ref: scu.86876

Turani and Another v Secretary of State for The Home Department: CA 15 Mar 2021

Challenge to the application of an ex gratia scheme put in place by the respondent to support and assist third-country national refugees outside the United Kingdom who have fled the conflict in Syria.

Judges:

Lady Justice Simler

Citations:

[2021] EWCA Civ 348

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 26 October 2022; Ref: scu.659544

Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions.
Held: The claim failed. The central accusation was that the respondent Minister had manipulated the situation in order to create an insolvency. No enginerring was required: ‘a provider of funds does not ‘create’ an insolvency by providing only that to which the recipient is entitled.’ and ‘I have no sufficient reason to find an intent to impair the financial interests of the shareholders in Group as being the sole, the predominant or as any intent lying behind Mr Byers’ actions.’

Judges:

Lindsay J

Citations:

[2005] EWHC 2192 (Ch)

Links:

Bailii

Statutes:

European Convention on Human Rights 1

Jurisdiction:

England and Wales

Citing:

Cited – Redgrave v Hurd CA 1881
The plaintiff, an elderly solicitor wishing to retire, advertised for someone to enter into partnership with him and to buy his house. The defendant responded to the advertisement and negotiations followed, in which the plaintiff stated that the . .
Cited – Prebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
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 – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Wisniewski v Central Manchester Health Authority CA 1997
The court considered the effect of a party failing to bring evidence in support of its case, as regards the court drawing inferences: ‘(1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a . .
Cited – Hamilton v Al Fayed HL 23-Mar-2000
The claimant MP sued the defendant in defamation after he had alleged that the MP had corruptly solicited and received payments and benefits in kind as a reward for parliamentary services rendered.
Held: Parliament has protected by privilege . .
Cited – Hornal v Neuberger Products Ltd CA 1956
Proof Standard for Misrepresentation
The court was asked what was the standard of proof required to establish the tort of misrepresentation, and it contrasted the different standards of proof applicable in civil and criminal cases.
Held: The standard was the balance of . .
Cited – Sporrong and Lonnroth v Sweden ECHR 23-Sep-1982
Balance of Interests in peaceful enjoyment claim
(Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years.
Held: Article 1 comprises three distinct . .
Cited – Agrotexim and Others v Greece ECHR 24-Oct-1995
Hudoc Not necessary to examine preliminary objection (ratione temporis); Preliminary objection allowed (victim); Lack of jurisdiction (complaint inadmissible, new complaint)
The applicant companies held . .
Cited – Humberclyde Finance Group Ltd v Hicks 14-Nov-2001
. .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .

Cited by:

Cited – Office of Government Commerce v Information Commissioner and Another Admn 11-Apr-2008
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act.
Held: The decision was set aside for . .
Lists of cited by and citing cases may be incomplete.

Company, Administrative, Torts – Other, Human Rights

Updated: 25 October 2022; Ref: scu.231098

Practice Direction (Crown Court: Welsh Language: CACD 30 Oct 1998

Detailed directions for use of Welsh in Crown Courts. Lawyers to notify Court if use of Welsh likely to be required in a hearing; confirming it at Pleas and directions Hearing. Court’s duty to find appropriate interpreter, and Welsh speaking judge.

Citations:

Times 30-Oct-1998

Jurisdiction:

England and Wales

Administrative, Wales

Updated: 25 October 2022; Ref: scu.84877

Coker and Osamor v Lord Chancellor and Lord Chancellor’s Department: ET 28 Jul 1999

It was capable of being indirect sex-discrimination to appoint a person to a post from a circle of friends. This would necessarily restrict appointees to a group which favoured men more than women. The requirement that the Lord Chancellor should appoint someone in whom he had an established faith had not been established.

Citations:

Gazette 28-Jul-1999, [1999] IRLR 396

Jurisdiction:

England and Wales

Cited by:

Appeal from – Coker and Osamor v The Lord Chancellor and the Lord Chancellor’s Department CA 22-Nov-2001
The Lord Chancellor’s action in appointing to a special adviser’s post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, Administrative

Updated: 25 October 2022; Ref: scu.79266

Intercontact Budapest v CDT (Judgment): ECFI 29 Apr 2020

Public service contracts – Tendering procedure – Provision of translation services for financial and banking texts from English into Hungarian – Classification of a tenderer in the cascade procedure – Article 113, paragraphs 2 and 3, of Regulation (EU, Euratom) No 966/2012 – Obligation to state reasons – Price of the tender from the best ranked contractors – Refusal of disclosure

Citations:

T-640/18, [2020] EUECJ T-640/18, ECLI:EU:T:2020:167

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 24 October 2022; Ref: scu.660128

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 [1997] JPL 958), so that its maker has to amplify rather than interpret it, ministers are not entitled to thwart legitimate expectations by putting a strained or unconventional meaning on it. But what ministers do have both the power and the obligation to do – and Miss Lieven (for the Minister) readily acknowledged that this is her real point – is to apply their policy from case to case, keeping in balance the countervailing principles (a) that a policy is not a rule but a guide and (b) that like cases ought to be treated alike.’

Judges:

Sedley LJ

Citations:

[2005] EWCA Civ 520

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – 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 – 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 . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 21 October 2022; Ref: scu.249003

Plan B Earth v Secretary of State for Transport: CA 27 Feb 2020

The claimants appealed from rejection of their objection to the grant of permission for a third runway at Heathrow airport.
Held: The appeal succeeded. The government had set a statutory target for carbon emissions, but the policy decision had paid inadequate attention to that statutory duty, and the decision must be set aside.

Judges:

Lord Justice Lindblom, Lord Justice Singh, and Lord Justice Haddon-Cave

Citations:

[2020] EWCA Civ 214

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Environment, Administrative

Updated: 21 October 2022; Ref: scu.648518

Regina v Registrar General for England and Wales Ex Parte P; Same v Same Ex Parte G: QBD 27 Mar 1996

Sexual identity is fixed at birth. It is not an error capable of being corrected by the Registrar. The Registrar has no power to alter birth register to change the sex as registered after gender re-assignment surgery.

Citations:

Times 27-Mar-1996, Independent 22-Feb-1996

Statutes:

Births and Deaths Registration Act 1953 1(1) 29(3)

Jurisdiction:

England and Wales

Administrative, Discrimination

Updated: 21 October 2022; Ref: scu.87619

ACRE v Parliament (Institutional Law – Decision Declaring Certain Expenses of A Political Party Ineligible for A Grant for The Year 2017 – Judgment): ECFI 25 Nov 2020

Institutional law – European Parliament – Decision declaring certain expenses of a political party ineligible for a grant for the year 2017 – Regulation (EC) No 2004/2003 – Prohibition of the funding of a national political party – Contribution or donation by a national political party – Principle of sound administration – Legal certainty – Equal treatment – Decision granting a contribution to a political party for 2019 and making pre-funding of 100% of the maximum amount of the contribution subject to certain prior repayments – Regulation (EU, Euratom) No 1141/2014 – Rights of defence

Citations:

T-107/19, [2020] EUECJ T-107/19, ECLI:EU:T:2020:560

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 20 October 2022; Ref: scu.660640

Foreign and Commonwealth Office v Warsama and Another: CA 11 Feb 2020

The Court was asked ‘whether the report of an inquiry ordered to be published by the House of Commons following a Motion for an Unopposed Return is protected by Parliamentary privilege. The second issue is whether the proceedings commenced by Mr Warsama and Ms Gannon (to whom we refer as the appellants) can survive a finding that the report in which they were criticised is protected by Parliamentary privilege or should be struck out. The third issue is whether the panel which conducted the inquiry is a ‘public authority’ for the purposes of section 6(3) of the Human Rights Act 1998 (‘the HRA’).’

Judges:

The Lord Burnett of Maldon, Lord Justice Coulson and Lady Justice Rose

Citations:

[2020] EWCA Civ 142

Links:

Bailii

Jurisdiction:

England and Wales

Constitutional, Human Rights, Administrative

Updated: 19 October 2022; Ref: scu.648154

Hajiyeva v National Crime Agency: CA 5 Feb 2020

Appeal from a decision dismissing an application made by the ‘appellant to discharge an Unexplained Wealth Order previously made at a ‘without notice’ hearing.

Judges:

The Lord Burnett of Maldon, Lord Justice Davis and Lord Justice Simon

Citations:

[2020] EWCA Civ 108

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 15 October 2022; Ref: scu.647013

Carter Commercial Developments v Bedford Borough Council: Admn 27 Jul 2001

The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced within time.
Held: The proceedings had been brought in that form simply in order to circumvent the time limit imposed by Part 54 of the Civil Procedure Rules and ought therefore to be struck out. It was an abuse of process to seek to decide an issue of public law by means of a private law action such as an application for a declaration.

Judges:

Jackson J

Citations:

[2001] EWHC (Admin) 669

Jurisdiction:

England and Wales

Cited by:

Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 11 October 2022; Ref: scu.228575

Royal Brompton and Harefield NHS Foundation Trust, Regina (on The Application of) v Joint Committee of Primary Care Trusts and Another: CA 19 Apr 2012

The defendant appealed against a finding that its consultation over the rationalisation of pediatric cardiac surgical facilities had been defective and unlawful.

Judges:

Arden, Richards, LJJ, Sir Stephen Sedley

Citations:

[2012] EWCA Civ 472

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Another Admn 7-Nov-2011
The claimant, the Royal Brompton and Harefield NHS Foundation Trust sought to quash as flawed and unlawful a consultation by the first defendant concerning the reconfiguration of paediatric congenital cardiac services (PCCS) in England. . .
See Also – Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Others (Costs) Admn 15-Dec-2011
. .

Cited by:

Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 07 October 2022; Ref: scu.452830

Bevan and Clarke Llp and Others v Neath Port Talbot County Borough Council: Admn 17 Feb 2012

The claimants, nine operators of residential homes challenged the Council’s decision setting the rate to be paid to providers of residential accommodation for the year at andpound;426 per resident per week with a andpound;23 supplement per week for residents with dementia. This represented an increase of 5.7%. The Council also decided to offer to enter into a four-year agreement with providers with a minimum guaranteed increase of 4% each year.

Judges:

Beatson J

Citations:

[2012] EWHC 236 (Admin)

Links:

Bailii

Health Professions, Administrative

Updated: 05 October 2022; Ref: scu.451387

Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.
Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to the duty. Provided the court is satisfied that there has been a rigorous consideration of the duty, so that there is a proper appreciation of the potential impact of the decision on equality objectives and the desirability of promoting them, then . . it is for the decision maker to decide how much weight should be given to the various factors informing the decision.
The concept of ‘due regard’ requires the court to ensure that there has been a proper and conscientious focus on the statutory criteria, but if that is done, the court cannot interfere with the decision simply because it would have given greater weight to the equality implications of the decision than did the decision maker. In short, the decision maker must be clear precisely what the equality implications are when he puts them in the balance, and he must recognise the desirability of achieving them, but ultimately it is for him to decide what weight they should be given in the light of all relevant factors. If Ms Mountfield’s submissions on this point were correct, it would allow unelected judges to review on substantive merits grounds almost all aspects of public decision making.’
. . And ‘It is also alleged that the PSED in this case involves a duty of inquiry. The submission is that the combination of the principles in Secretary of State for Education and Science v Tameside Metropolitan Borough Council . . and the duty of due regard under the statute requires public authorities to be properly informed before taking a decision. If the relevant material is not available, there will be a duty to acquire it and this will frequently mean than some further consultation with appropriate groups is required. ‘

Judges:

Elias LJ, King J

Citations:

[2012] EWHC 201 (Admin)

Links:

Bailii

Statutes:

Higher Education (Basic Amount) Regulations 2010 (SI 2010/3021), Higher Education (Higher Amount) Regulations 2010 (SI 2010/3020), Higher Education Act 2004 24

Jurisdiction:

England and Wales

Citing:

Cited – Brown, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 18-Dec-2008
Having ‘due regard’ is not Obligation to do
The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the . .

Cited by:

Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 05 October 2022; Ref: scu.451389

McKeown v British Horseracing Authority: QBD 12 Mar 2010

The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence.

Citations:

[2010] EWHC 508 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Nagle v Fielden CA 1966
The applicant, a lady jockey appealed refusal by the Jockey Club to issue to her a jockey’s license based simply on the fact of her sex.
Held: Her appeal succeeded. The refusal was against public policy. Where a man’s right to work was in . .
Cited – Modahl v British Athletic Federation Limited CA 28-Jul-1997
Lord Woolf MR said: ‘The question of whether a complaint about the conduct of a disciplinary committee gives rise to a remedy in public law or private law or is often difficult to determine. However the complaint in both cases would be based on an . .
Cited – Stevenage Borough Football Club Limited v Football League Limited CA 6-Aug-1996
Unfair changes to the rules for the promotion of sports clubs between leagues could not be challenged retrospectively after the team in question had impliedly accepted the rules. An injunction granted may within a sporting league context have unfair . .
Cited – Cowley v Heatley ChD 24-Jul-1986
The court considered a challenge to the disciplinary procedures in the sport of swimming. Sir Nicolas Brown-Wilkinson VC said: ‘I am echoing the sentiments expressed by Sir Robert Megarry VC in McInness v Onslow-Fane [1978] 1 WLR 1520. At page 1535 . .
Cited – McInnes v Onslow-Fane ChD 1978
The applicant had been granted a boxing manager’s licence for several years. He appealed its refusal now over a few years.
Held: The case was in the application for a licence rather than in a forfeiture or an expectation class, and there was . .
Cited – In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Fallon v MGN Ltd QBD 10-Apr-2006
The claimant sought damages in defamation.
Held: Questions as to what inferences can be drawn from betting patterns when assessing a jockey’s motives are not within the expertise of a racing-riding expert witness. . .
Cited – Calvin v Carr PC 15-Jan-1979
(New South Wales) It was argued that a decision of the stewards of the Australian Jockey Club was void for having been made in breach of the rules of natural justice.
Held: The stewards were entitled to use the evidence of their eyes and their . .
Cited – Richardson v Ealing London Borough Council CA 22-Nov-2005
The tenant had a bad record of payment of rent. The local authority sought possession. The district judge suspended the possession warrant. The authority appealed to the county court judge on the basis that the district judge had made his order . .
Cited – Crane (T/A Indigital Satelite Services) v Sky In-Home Ltd and Another CA 3-Jul-2008
Arden LJ considered the principles to be applied when considering whether a party to civil litigation should be allowed to appeal a trial judge’s decision on the basis that a claim, which could have been brought before him but was not, would have . .
Cited – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – Jones v MBNA International Bank CA 30-Jun-2000
. .
Cited – Regina v Inner West London Coroner Ex Parte Dallaglio, and Ex Parte Lockwood Croft CA 16-Jun-1994
A coroner’s comment that the deceased’s relative was ‘unhinged’ displayed a bias which was irreparable. ‘The description ‘apparent bias’ traditionally given to this head of bias is not entirely apt, for if despite the appearance of bias the court is . .

Cited by:

Principal Judgment – McKeown v British Horseracing Authority Admn 12-Mar-2010
The judge had been asked to revise his draft judgment. The court set out the circumstances under which a draft judgment might be amended and why in this case he had rejected the request save as to clerical errors. . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 04 October 2022; Ref: scu.402625

Regina (Rose and Another) v Secretary of State for Health and the Human Fertilisation and Embryology Authority: Admn 26 Jul 2002

Applications were made, challenging the refusal of the Secretary of State for Health, and the Human Fertilisation and Embryology Authority, to institute a system where a child born by artificial insemination could make enquiries as to his or her parenthood.
Held: The knowledge of facts about one’s biological parenthood was part of the right to family or private life. Accordingly the decisions made did engage the children’s Human Rights, and the appropriate tests should be applied to that decision making process.

Judges:

Mr Justice Scott Baker

Citations:

Times 22-Aug-2002, Gazette 10-Oct-2002, [2002] EWHC 1593 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights, Administrative, Health

Updated: 04 October 2022; Ref: scu.174720

LP, Re Judicial Review: QBNI 28 Mar 2014

The applicant challenges the refusal of the Historical Institutional Abuse Inquiry (the Inquiry) to provide her with a copy of her statement to the Acknowledgement Forum. However there is no statement as such and what the applicant in substance seeks is a copy of the evidence she gave to the Acknowledgement Forum. The central issue in this leave application is whether, as the applicant asserts, she has a right to a copy of the Inquiry record of what she said to the Acknowledgement Forum and whether the Inquiry is subject to the concomitant duty to provide her with a transcript thereof or a disc.

Judges:

Treacy J

Citations:

[2014] NIQB 40

Links:

Bailii

Jurisdiction:

Northern Ireland

Administrative

Updated: 04 October 2022; Ref: scu.526636

Davies and Another (T/A All Star) v The Scottish Commission for The Regulation of Care: SCS 24 Jan 2012

The Commission had begun proceedings seeking to revoke the Davies’ registration to provide nursery facilities. The Commission was dissolved and the Sherriff had found that the new body could not take over the proceedings.
Held: The appeal succeeded.

Judges:

Lord President, Lord Drummond Young, Lord Marnoch

Citations:

[2012] ScotCS CSIH – 7, 2012 SLT 269, [2012] CSIH 7, 2012 GWD 5-95

Links:

Bailii

Statutes:

Regulation of Care (Scotland) Act 2001, Public Services Reform (Scotland) Act 2010

Citing:

Appeal from – Davies and Another v The Scottish Commission for The Regulation of Care ScSf 9-May-2011
The pursuers ran a day care nursery. They had been subject to proceedings for the cancellation of their registration. The Commission had been dissolved and replaced by a new body, and they said that the new body could not be substituted in that . .

Cited by:

Appeal from – Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care SC 27-Feb-2013
The appellants ran a day care nursery regulated under the 2001 Act. The Commission, being concerned at the care provided, sought to revoke the registration in proceedings before the Sherriff’s Court. Before they were concluded, the Commission was . .
Lists of cited by and citing cases may be incomplete.

Scotland, Health Professions, Administrative

Updated: 04 October 2022; Ref: scu.450594

XY v The Independent Safeguarding Authority: UTAA 18 Jul 2011

The appellant had been placed on the adult’s barred list despite having been acquitted of the criminal offence of which he had been accused.
Held: This was the first time such a matter had come before the Upper Tribunal. The court considered the background to the Act, and the proper procedures for its application.

Judges:

Wikeley UTJ

Citations:

[2011] UKUT 289 (AAC)

Links:

Bailii

Statutes:

Safeguarding Vulnerable Groups Act 2006

Jurisdiction:

England and Wales

Administrative

Updated: 01 October 2022; Ref: scu.449930

Gardner v London Chatham and Dover Railway Co (No 1): 1867

When Parliament expressly confers powers and imposes duties and responsibilities of an important kind upon a particular body, it is, as he put it, improper for the court by the appointment of a manager . . . itself to assume those powers and duties. Cairns LJ: ‘When the court appoints a manager of a business or undertaking, it in effect assumes the management into its own hands; for the manager is the servant or officer of the court, and upon any question arising as to the character and details of the management, it is the court which must direct and decide.’

Judges:

Cairns LJ

Citations:

(1867) LR 2 Ch App 201

Jurisdiction:

England and Wales

Cited by:

Cited – Hughes and Others v HM Customs and Excise Admn 21-Dec-2001
The applicants had either been acquitted of drugs trafficking offences, or were third parties. In each case, property had been taken into receivership, and orders had been made for the receivers to take their costs from the assets taken. The . .
Cited – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Lists of cited by and citing cases may be incomplete.

Administrative, Insolvency

Updated: 01 October 2022; Ref: scu.182892

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: The applicant’s human rights were engaged by the decision. When looking at whether judicial review was a sufficient remedy, the court must look to the statutory context. The first recommendation by the panel lacked the necessary independence, but that decision was not rendered valueless. The availability of judicial review would very likely cure any defect in the initial decision in the absence of some special feature. Laws LJ said that there is some danger of undermining legal certainty by excessive debates over how many angels can stand on the head of the article 6 pin.
Laws LJ said: ‘The basis of judicial review rests in the free-standing principle that every action of a public body must be justified by law, and at common law the High Court is the arbiter of all claimed justifications.’

Judges:

Lord Justice Laws, Lord Justice Waller, The President

Citations:

Times 02-Jan-2003, Gazette 13-Mar-2003, [2002] EWCA Civ 1812

Statutes:

European Convention on Human Rights 6, National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977) 25, Local Authority Social Services (Complaints Procedure) Order 1990 (1990 No 2244) 7B(3)

Jurisdiction:

England and Wales

Citing:

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 – McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
Cited – 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 . .
Appeal from – Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another QBD 30-Nov-2001
The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations . .

Cited by:

Appealed to – Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another QBD 30-Nov-2001
The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – 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 – 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 – Michalak v General Medical Council and Others SC 1-Nov-2017
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in . .
Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights, Judicial Review

Updated: 01 October 2022; Ref: scu.178524

C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017

This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition Act 2004; (2) with the Human Rights Act 1998; or (3) with the Equality Act 2010. The claimant was distressed that the respondent’s computer system gave access to her historical gender despite the issue of a gender recognition certificate under the 2004 Act.
Held: The Retention and SRC policies are not inconsistent with, or prohibited by, any provision of the Gender Recognition Act 2004.
The courts below were entitled to reach the conclusion that the CIS Retention policy was a proportionate means of achieving its legitimate aims and I share their view. In reaching this conclusion, I in no way seek to minimise the importance to the appellant and others in her situation of the intrusion into her privacy which is entailed by the policy. For her, and for others, it must be good news that the Department has taken their concerns seriously, and that they will be differently catered for when Universal Credit is rolled out throughout the country.
Retaining details of earlier identities was not directly discriminatory because the respondent retained such information about all claimants.
‘ the concerns which the appellant has raised before and during these proceedings are very real and important to her, and no doubt to other transgender customers of the DWP. The proceedings have already brought about some change in DWP policy and no doubt the DWP will continue to consider how the service it offers to transgender customers could be improved. The introduction of Universal Credit is an opportunity to do this. But for all the reasons given earlier the Retention and SCR policies are not unlawful under either the Human Rights Act 1998 or the Equality Act 2010 and this appeal must be dismissed.’

Judges:

Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lord Hughes JJSC

Citations:

[2017] UKSC 72

Links:

Bailii, WLRD

Statutes:

Equality Act 2010 19, Gender Recognition Act 2004 9 22, Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

At First Instance – C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another Admn 18-Jul-2014
The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a . .
Appeal from – C, Regina (on The Application of) v Secretary of State for Work and Pensions CA 9-Feb-2016
The Court was asked whether, in the context of awarding Jobseeker’s Allowance, the State has unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private.
Held: The appeal . .
Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
Cited – Bellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Cited – J v C and E (a Child) (Void Marriage: Status of Children) CA 15-May-2006
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child.
Held: The . .
Cited – Identoba And Others v Georgia ECHR 12-May-2015
The Strasbourg court found a breach of article 3 where the authorities had failed to protect LGBTI demonstrators from attack by homophobic counter-demonstrators. . .
Cited – Thlimmenos v Greece ECHR 6-Apr-2000
(Grand Chamber) The applicant was a Jehovah’s Witness who had been convicted of insubordination under the Military Criminal Code for refusing to wear a military uniform at a time of general mobilisation. He was subsequently refused appointment as a . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Human Rights, Administrative

Updated: 01 October 2022; Ref: scu.598453

C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014

The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a heightened form because the information relates to the sensitive personal data of those who have had, or are in the process of having, gender reassignment. The result was that though having a gender recognition certificate, the claimant’s gender re-assignment history was available to DWP staff she dealt with.
Held: The policies in place were not sufficiently clear, precise and accessible to be ‘in accordance with the law’ for the purpose of justifying them under article 8(2) and granted a declaration to that effect. However, they pursued the legitimate aims of enabling accurate calculations of state pension entitlement and of reducing opportunities for identity theft and benefit fraud and were a proportionate means of doing so. It was more doubtful whether the SCR policy even engaged article 8(2), as it was designed to protect privacy, rather than to interfere with it, although it did tend to have the opposite effect of drawing attention to transgender customers; but he held that it was in any event justified by the need to protect DWP staff. Simon J rejected the claim based on direct discrimination, because the appellant was not treated less favourably than other customers because of her gender reassignment. He was prepared to assume that the policies were indirectly discriminatory, in that they put transgender customers at a particular disadvantage when compared with others, but they were justified under the 2010 Act for the same reasons that they were justified under the Convention.

Judges:

Simon J

Citations:

[2014] EWHC 2403 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 8 14, Equality Act 2010

Jurisdiction:

England and Wales

Cited by:

Appeal from – C, Regina (on The Application of) v Secretary of State for Work and Pensions CA 9-Feb-2016
The Court was asked whether, in the context of awarding Jobseeker’s Allowance, the State has unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private.
Held: The appeal . .
At First Instance – C, Regina (on The Application of) v Secretary of State for Work and Pensions SC 1-Nov-2017
This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Administrative, Discrimination

Updated: 01 October 2022; Ref: scu.551941

Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: CA 22 Nov 2011

The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of related inquiries before deciding. The applicant was particularly unhappy at the involvement of the Army Provost branch in the separate inquiry, which he said would go against its independence.
Held: The appeal succeeded. It had not been shown that the IHAT enquiry would have sufficient independence.

Judges:

Maurice Kay VP, Sullivan, Pitchford LJJ

Citations:

[2011] EWCA Civ 1334

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Mousa, Regina (on The Application of) v Secretary of State for Defence and Another Admn 21-Dec-2010
Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Stephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .
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 . .
Mentioned – JL, Regina (On the Application of) v Secretary Of State for Justice Admn 7-Oct-2009
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Armed Forces, Administrative

Updated: 26 September 2022; Ref: scu.448408

Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Another: Admn 7 Nov 2011

The claimant, the Royal Brompton and Harefield NHS Foundation Trust sought to quash as flawed and unlawful a consultation by the first defendant concerning the reconfiguration of paediatric congenital cardiac services (PCCS) in England.

Judges:

Owen J

Citations:

[2011] EWHC 2986 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Others (Costs) Admn 15-Dec-2011
. .
Appeal from – Royal Brompton and Harefield NHS Foundation Trust, Regina (on The Application of) v Joint Committee of Primary Care Trusts and Another CA 19-Apr-2012
The defendant appealed against a finding that its consultation over the rationalisation of pediatric cardiac surgical facilities had been defective and unlawful. . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Lists of cited by and citing cases may be incomplete.

Health, Administrative

Updated: 26 September 2022; Ref: scu.448117

End Violence against Women Coalition, Regina (on The Application of) v Director of Public Prosecutions: CA 15 Mar 2021

The claimant was concerned as to the low and declining rate of prosecution for rape and serious sexual assaults against women as a proportion of allegations made. They complained of a change in policy moving away from a ‘merits based approach’.

Judges:

Lord Burnett of Maldon LCJ, Holroyde, Laing DBE LJJ

Citations:

[2021] EWCA Civ 350

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 1

Jurisdiction:

England and Wales

Citing:

Cited – B, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 27-Jan-2009
The claimant sought judicial review of the defendant’s decision to discontinue a prosecution, saying that the respondent had failed to consider his duties under the 1995 Act. The prosecution had been discontinued for the victim’s mental instability . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 25 September 2022; Ref: scu.659541

Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978

Estoppel Cannot Oust Statutory Discretion

The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The appeal failed. The court tried to reconcile invocations of estoppel with the general principle that for a public authority: ‘an estoppel cannot be raised to prevent the exercise of a statutory discretion or to prevent or excuse the performance of a statutory duty.’
Estoppel cannot be used so as to fetter a statutory discretion entrusted to a local authority

Judges:

Megaw, Lawton, Browne LJJ

Citations:

[1981] 2 All ER 204, [1978] EWCA Civ 6, (1978) 38 P and CR 7

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hammersley v Baron De Biel, An Infant, By W J Blake, His Next Friend HL 25-Mar-1845
The Plaintiffs father, B, had agreed with one T that he would marry T’s daughter and provide a jointure for her in consideration of T’s undertaking to leave a sum of pounds 10,000 in his will to his daughter to be settled on her and her children. B . .
Cited – Ramsden v Dyson HL 11-May-1866
The Vice-Chancellor had held that two tenants of Sir John Ramsden, the owner of a large estate near Huddersfield, were entitled to long leases of plots on the estate. They ostensibly held the plots as tenants at will only, but they had spent their . .
Cited – Plimmer v Mayor, Councillors and Citizens of the City of Wellington PC 1884
(New Zealand) Mr Plimmer had occupied land under a revocable licence from the Corporation’s predecessor-in-title and at their request had made extensive improvements to it. He sought compensation when the land was to be vested in the defendant. The . .
Cited – Evenden v Guildford Football Club CA 1975
Lord Denning rejected an argument that, for promissory estoppels to apply, parties must be contractually bound to one another saying: ‘Promissory estoppel . . applies whenever a representation is made, whether of fact or law, present or future, . .
Cited – Maritime Electric Company Limited v General Dairies Limited PC 8-Feb-1937
(Canada) . .
Approved – Brooks and Burton Ltd v The Secretary of State for the Environment 1977
Lord Widgery, Lord Chief Justice, discussed extending the concept of estoppel saying: ‘There has been some advance in recent years of this doctrine of estoppel as applied to local authorities through their officers, and the most advanced case is the . .
Cited – Central London Property Trust Ltd v High Trees House Ltd KBD 18-Jul-1946
Promissory Estoppel Created
The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of pounds 2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time . .
Cited – Southend-on-Sea Corporation v Hodgson (Wickford) Ltd QBD 1961
The Corporation had, by its engineer, said that its permission for the use of land as a builder’s yard was not in fact and law required. It was mistaken in this view.
Held: What the engineer had said could not create an estoppel preventing the . .
Cited – Campbell Discount Company Ltd v Bridge CA 1961
Agreed compensation is not a penalty
A hirer under a hire purchase agreement could terminate the hiring during the course of the term whereupon the hirer was required to pay a sum by way of agreed compensation.
Held: A sum of money payable under a contract on the occurrence of an . .
Cited – Inwards v Baker CA 13-Jan-1965
An indulgent father had encouraged his son to build a bungalow on his, the father’s, land. The son had done so in the expectation, encouraged by the father, that he would be permitted to remain in occupation.
Held: The court formulated the . .
Cited – Wells v Minister of Housing and Local Government CA 1967
It had been the practice of planning authorities, acting through their officers, to tell applicants whether or not planning permission was necessary. A letter was written by the Council Engineer telling the applicants that no permission was . .
Cited – Lever (Finance) Ltd v City of Westminster CA 22-Jul-1970
The appellant developers had obtained detailed planning approval for fourteen houses, but after adjustments for a building line, moving several properties distances of several feet toward other properties, further plans were submitted without . .
Cited – Moorgate Mercantile Company Ltd v Twitchings CA 1975
Lord Denning MR held: ‘Estoppel is not a rule of evidence. It is not a cause of action. It is a principle of justice and of equity. It comes to this. When a man, by his words or conduct, has led another to believe in a particular state of affairs, . .

Cited by:

Cited – Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
Cited – Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another Admn 11-Jan-2002
The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been . .
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 – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Cited – London Borough of Bexley v Maison Maurice Ltd ChD 15-Dec-2006
The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Administrative, Estoppel, Local Government

Leading Case

Updated: 25 September 2022; Ref: scu.262693

The Mayor and Corporation of Port Louis v The Honourable Attorney General of Mauritiuis: PC 27 Apr 1965

Meaningful public participation in a decision-making process, in a context with which the general public cannot be expected to be familiar, requires that the consultees should be provided not only with information about the draft scheme, but also with an outline of the realistic alternatives, and an indication of the main reasons for the authority’s adoption of the draft scheme.

Citations:

[1965] UKPC 17, [1965] AC 1111

Links:

Bailii

Cited by:

Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Administrative

Updated: 20 September 2022; Ref: scu.445132

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party countries.
Held: Permission to apply for review was granted, but the review itself was refused. Standing was provided by section 30 of the 2006 Act.
The guidance was addressed to the officers and required them to report matters to Ministers, who, it must be presumed, would respond lawfully. It set out difference reactions where mistreatment was known of, and where there was a low risk of mistreatment. Reactions included withdrawing and reporting requirements.
The Commission’s substantial challenge was that the the guidance used a ‘serious risk’ test for secondary liability, but said that that was not the standard applicable at law. ‘In the context of the Guidance and taking it for what it is, there is no material difference between a ‘real risk’ and a ‘serious risk’ of torture or CIDT taking place.’

Judges:

Sir Anthony May P, Keith J

Citations:

[2011] EWHC 2401 (Admin), [2012] 1 WLR 1389, [2011] UKHRR 1287

Links:

Bailii

Statutes:

Equality Act 2006 1 30, United Nations Convention against Torture and Other Cruel or Inhuman or Degrading Treatment or Punishment (1984), Criminal Justice Act 1988 134(1)

Citing:

Cited – Johnson v Youden KBD 1950
For a charge of aiding and abetting, the defendant must be shown to have been aware of the essential elements of his acts which constituted the complete crime. However, that may be inferred if a defendant shuts his eyes to the obvious.
Lord . .
Cited – Iskandarov v Russia ECHR 23-Sep-2010
. .
Cited – Abdulazhon Isakov v Russia ECHR 8-Jul-2010
. .
Cited – Al-Haq, Regina (On the Application of) v Secretary Of State for Foreign and Commonwealth Affairs Admn 27-Jul-2009
The claimant sought a declaration that the UK was in breach of its international obligations. The claimant was a non-governmental human rights organisation based in Palestine. The respondent argued that the issue was beyond the court’s jurisdiction, . .
Cited – Ismoilov And Others v Russia ECHR 24-Apr-2008
The court criticised the Russian system in prisons: ‘in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting up time-limits for such detention, the deprivation . .
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 – Saadi v Italy (United Kingdom intervening) ECHR 28-Feb-2008
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – Mamatkulov and Askarov v Turkey ECHR 4-Feb-2005
(Grand Chamber) The applicants had resisted extradition to Uzbekistan from Turkey to stand trial on very serious charges, saying that if returned they would be tortured. There was material to show that that was not a fanciful fear. On application . .
Cited – Regina v Bryce CACD 18-May-2004
The defendant said that his involvement in the murder of which he had been convicted had been secondary only. He was alleged to have transported the killer and the gun which he used to commit the murder to a caravan near the victim’s home so that . .
Cited – Regina v Woollin HL 2-Apr-1998
The defendant appealed against his conviction for the murder of his child. He had thrown the child to the floor, hitting the head. He said that he had not intended to kill the child.
Held: On a murder charge, where the short direction on . .
Cited – Regina v Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford HL 24-Jan-2002
Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .

Cited by:

Cited – Ali Hussein v Secretary of State for Defence Admn 1-Feb-2013
The claimant sought to challenge the legality of techniques of interrogation intended to be used by forces members detaining person captured in Afghanistan. He had himself been mistreated by such officers in Iraq. The defendant denied he had . .
Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights, Crime, Armed Forces

Updated: 20 September 2022; Ref: scu.444868

Gill, Regina (on The Application of) v UK Statistics Authority: Admn 12 Dec 2019

The Claimant applies for judicial review of ‘the contemplated exercise of Her Majesty’s discretion to direct a census, based on [an] Order in Council made on the basis of a draft which does not include a Sikh ethnic tick box on the basis of the reasoning detailed in the White Paper’

Judges:

Mrs Justice Lang DBE

Citations:

[2019] EWHC 3407 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 19 September 2022; Ref: scu.645840

Secretary of State for The Home Department v BF: Admn 18 Jul 2011

The defendant said that the control order applied to him was flawed, saying that the defendant had a public law duty ‘to make provision that allows individuals subject to control orders a reasonable opportunity to demonstrate that the control order obligations are no longer necessary; and has breached that duty.’

Judges:

Davis J

Citations:

[2011] EWHC 1878 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005 3

Jurisdiction:

England and Wales

Crime, Administrative

Updated: 16 September 2022; Ref: scu.441889

Independent Safeguarding Authority v SB and Another: CA 18 Jul 2012

Appeal from Upper Tribunal decision as to removal of SB from the Children’s Barred List.

Judges:

Maurice Kay VP CA, Etheron LJJ, Sir Scott Baker

Citations:

[2012] EWCA Civ 977, [2013] AACR 24, [2012] WLR (D) 215, [2013] 1 WLR 308

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Employment

Updated: 15 September 2022; Ref: scu.462948

R and Others (Minors), Regina (on The Application of) v The Child and Family Court Advisory and Support Service: Admn 12 Jul 2011

The claimant children, all subject to care proceedings, challenged the delays by the respondent to appoint a guardian, submitting that the allocations were so late that they amounted to no allocation at all. The respondent denied any public law duty to make an appointment.

Judges:

Munby LJ, Thirlwall J

Citations:

[2011] EWHC 1774 (Admin)

Links:

Bailii

Statutes:

Criminal Justice and Court Service Act 2000

Administrative

Updated: 15 September 2022; Ref: scu.441594

Davies and Another v The Scottish Commission for The Regulation of Care: ScSf 9 May 2011

The pursuers ran a day care nursery. They had been subject to proceedings for the cancellation of their registration. The Commission had been dissolved and replaced by a new body, and they said that the new body could not be substituted in that decision process.

Judges:

Sir Stephen T Young Bt QC

Citations:

[2011] ScotSC 22

Links:

Bailii

Statutes:

Regulation of Care (Scotland) Act 2001

Cited by:

Appeal from – Davies and Another (T/A All Star) v The Scottish Commission for The Regulation of Care SCS 24-Jan-2012
The Commission had begun proceedings seeking to revoke the Davies’ registration to provide nursery facilities. The Commission was dissolved and the Sherriff had found that the new body could not take over the proceedings.
Held: The appeal . .
At Sherriff’s Court – Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care SC 27-Feb-2013
The appellants ran a day care nursery regulated under the 2001 Act. The Commission, being concerned at the care provided, sought to revoke the registration in proceedings before the Sherriff’s Court. Before they were concluded, the Commission was . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative

Updated: 15 September 2022; Ref: scu.441375

EBA v Advocate General for Scotland: SC 21 Jun 2011

The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to judicial review save in very limited circumstancs.
Held: The appeal failed, though the reasons varied. Unappealable decisions of the Upper Tribunal are amenable to judicial review in cases which raise some important point of principle or practice or some other compelling reason to be heard. A proper if difficult balance was to be found between the need for finality and the need to for justice.
Lord Hope said: ‘the rule of law . . is the basis on which the entire system of judicial review rests. Wherever there is an excess or abuse of power or jurisdiction which has been conferred on a decision-maker, the Court of Session has the power to correct it: West v Secretary of State for Scotland 1992 SC 385, 395. This favours an unrestricted access to the process of judicial review where no other remedy is available.’

Judges:

Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lady Hale, Lord Brown, Lord Clarke, Lord Dyson

Citations:

[2011] STI 1941, [2011] PTSR 1095, 2011 SLT 768, [2011] UKSC 29, UKSC 2010/0206, [2011] 3 WLR 149

Links:

Bailii, Bailii Summary, SC, SC Summary

Jurisdiction:

Scotland

Citing:

Appeal from – EBA v The Advocate General for Scotland SCS 10-Sep-2010
(Inner House) The petitioner wished to appeal against refusal of disability living allowance. Her appeal to the first tier tribunal was rejected, and her request to the Upper Tribunal for leave to appeal was refused. When, she then sought leave to . .
Cited – 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 . .
At Outer House – EBA, Re Judicial Review SCS 31-Mar-2010
The petitioner claimed disability living allowance. Her claim was refused, and eventually also at the Upper Tribunal, of whose decision she now sought judicial review.
Held: The Upper Tribunal being designated as a court of superior record. . .
See Also – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Cited – EY v Secretary of State for The Home Department SCS 12-Jan-2011
Only in very exceptional circumstances should a refusal to grant first orders be made. . .
Cited – Rana, Regina (on The Application of) v Upper Tribunal (Immigration and Asylum) and Another; MR (Pakistan) v Upper Tribunal Admn 21-Dec-2010
The court was asked ‘Is a decision of a judge of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal against a decision of the First-tier Tribunal (Immigration and Asylum Chamber) amenable to judicial review on any . .
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
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 – Tehrani v Secretary of State for the Home Department HL 18-Oct-2006
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland.
Held: Such . .
Cited – Watt v Lord Advocate 1979
Lord President Emslie said: ‘it seems clear that, however much this is to be regretted, the Court Session has never had power to correct an intra vires error of law made by a statutory tribunal or authority exercising statutory jurisdiction. As Lord . .
Cited – West v Secretary of State for Scotland SCS 23-Apr-1992
The petitioner complained that on being moved from his employment at one prison to another, he had been told that his moving expenses would be paid, but that they were not. The respondent said that the terms of his employment were that he was to be . .

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 . .
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.

Administrative, Benefits

Updated: 15 September 2022; Ref: scu.441295

Hudson Contract Services Ltd, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 18 Apr 2016

The claimant contended that certain delegated legislation requiring it to pay a statutory levy is unlawful and should be quashed.

Judges:

Kerr J

Citations:

[2016] EWHC 844 (Admin)

Links:

Bailii

Statutes:

Industrial Training Levy (Construction Industry Training Board) Order 2015

Jurisdiction:

England and Wales

Employment, Administrative

Updated: 12 September 2022; Ref: scu.562132

Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991

ECJ Member States – Obligations – Exercise of residual powers in the field of the registration of vessels – Compliance with Community law. Free movement of persons – Freedom of establishment – Registration of a fishing vessel in a Member State – Conditions relating to the nationality, residence and domicile of the owners, charterers and operators of the vessel – Unlawful – Power of derogation of the national authorities – Absence of effect – System of fishing quotas – Absence of effect – Condition relating to the location of place from which the vessel is managed and its operations directed and controlled – Lawful (EEC Treaty, Art. 52)

Citations:

C-221/89, [1991] EUECJ C-221/89, [1991] ECR I-3905

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Foulser and Another v HM Inspector of Taxes ChD 20-Dec-2005
The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief.
Held: The scheme failed. The restriction imposed did not infringe the right of . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture, Administrative, Licensing

Updated: 11 September 2022; Ref: scu.160306

Jefferies and Others, Regina (on The Application of) v The Secretary of State for The Home Department and Others: Admn 29 Nov 2018

The claimants challenged the failure by the respondents to complete the Leveson Inquiry. Part 2 of the Inquiry would, among other things, involve a factual investigation into the alleged unlawful and improper conduct of the various media investigations: as put shortly, ‘who did what, to whom, when?’ It is stated by all four claimants (and is not disputed) that all accordingly gave evidence at the first stage of the Inquiry in somewhat restricted terms: it being anticipated that much fuller evidence would be given in Part 2 of the Inquiry.
Held: The claim failed. The decision was essentially a political one, and no sufficient legitimate expectation had been established.

Citations:

[2018] EWHC 3239 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Media

Updated: 09 September 2022; Ref: scu.631202

Wylde and Others v Waverley Borough Council: Admn 9 Mar 2017

The claimants challenged the procurement methods of the respondent in acquiring land to support a development. The Court considered their standing to bring such proceedings.
Held: Arden LJ’s observations in Chandler (and Richards J’s in Kathro) had not been intended to suggest that anyone who did not have an ‘ulterior’ or ‘improper’ motive would have standing, but: ‘The approach taken by the Court of Appeal in Chandler’s case [2010] PTSR 749 is in my view clearly grounded in a conventional approach to an assessment of standing. However, that conventional approach, focused upon the purpose and policy of legislation being invoked, leads to a much more restrictive qualification for standing in procurement cases than would apply in judicial review generally.
It is clear from the 2006 Regulations . . that the purpose of those Regulations and the Directive which lies behind them, is firstly, to provide for an open and transparent system for the competition for public contracts in the interests of securing a fair and efficient market for those contracts and secondly, to provide a bespoke system of remedies for those parties who are directly involved in competing for such contracts and participating in the market for them. This regime is quite clearly tightly focused on those directly engaged with and actively seeking the benefit of obtaining public contracts that fall within the scope of the 2006 Regulations. The public interest is no doubt served by these aims and objectives of the 2006 Regulations (for instance, by fostering value for money and the objective evaluation of bids for public works), but that is very different from saying that it follows that any member of the public could have an interest in the enforcement of those Regulations which should be recognised by the grant of standing in judicial review. It is in my view entirely consistent with the purpose of the Regulations to confine standing in any judicial review claim brought outside the extensive range of remedies available to economic operators, and by a person who is not an economic operator, to only those who ‘can show that performance of the competitive tendering procedure . . might have led to a different outcome that would have had a direct impact on him’.’
Thus, Dove J held at [41] that, whilst a trade association might satisfy the test, a council tax payer or concerned local resident or member of the local authority cannot without more bring themselves within it, because the procurement decision would have no direct impact on them. Dove J said: ‘It follows that I do not feel able to follow the approach which was taken by Lang J in Gottlieb’s case . . for the following reasons. Firstly, it is pertinent to note in my opinion that Lang J recognised that for the claimant in that case to be found to have standing to bring the claim it would be necessary to distinguish Chandler’s case. For the reasons I have already given that must be right. I am, however, unable to accept Lang J’s reasons for distinguishing Chandler’s case and reaching the conclusions which she did. Her grounds for distinguishing the claimant in Gottlieb’s case from Chandler’s case, set out in para 153, related to considerations of ulterior motive, which she considered existed in Chandler’s case but which did not arise in the case before her as the claimant genuinely wanted to have an open competition for the procurement of the development partner for the development. The difficulty with that analysis is that in my view it does not engage with the reason why there is the restricted test for standing set out in Chandler’s case, namely the policy, aims and objectives of the 2006 Regulations and their focus on the interests of economic operators. As I have set out above, in my view what was being examined in para 78 of the Court of Appeal’s decision in Chandler’s case was not directly related to ulterior motive but rather a demonstration of the distance between the interests of the claimant and the policy and purpose of the public procurement regime. It appears clear that had the Chandler test been applied in Gottlieb’s case the claimant in that case would not have established that he had standing to bring the claim.’

Judges:

Dove J

Citations:

[2017] PTSR 1245, [2017] EWHC 466 (Admin), [2017] WLR(D) 210

Links:

Bailii, WLRD

Statutes:

Senior Courts Act 1981, Public Contracts Regulations 2006, Parliament and Council Directive 2004/18/EC

Jurisdiction:

England and Wales

Cited by:

Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
Lists of cited by and citing cases may be incomplete.

Land, Administrative, European

Updated: 09 September 2022; Ref: scu.579641

Unison, Regina (on The Application of) and Another v NHS Shared Business Services Ltd and Another: Admn 15 Mar 2012

The claimant trades union sought to challenge the respondent’s decision to outsource various services, saying they had been in breach of the 2006 Regulations. The respondents said that the Regulations did not apply.
Held: There may be circumstances where a party other than economic operator may seek to obtain a public law remedy for breach of the Regulations.
Otherwise Regina (Unison) v NHS Wiltshire Primary Care Trust

Judges:

Eady J

Citations:

[2012] EWHC 624 (Admin)

Links:

Bailii

Statutes:

Public Contract Regulations 2006

Jurisdiction:

England and Wales

Cited by:

Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 08 September 2022; Ref: scu.452143

Unison, Regina (on The Application of) v Monitor and Others: Admn 9 Dec 2009

Cranston J referred to ‘the danger of resorting to [Hansard] except when it is absolutely required under Pepper v Hart’ and gave examples of the reasons why.

Judges:

Cranston J

Citations:

[2009] EWHC 3221 (Admin)

Links:

Bailii

Statutes:

National Health Service Act 2006

Jurisdiction:

England and Wales

Cited by:

Cited – Milner, Regina (on The Application of) v South Central Strategic Health Authority Admn 11-Feb-2011
The claimant sought to challenge the way the defendant had reached its decision to add flouride to the water supply, in having failed to comply with the requirements for consultation.
Held: The claim failed. The Regulations as enacted differed . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 07 September 2022; Ref: scu.383800

Cookson and Clegg Ltd, Regina (on the Application of) v Ministry of Defence and Another: CA 22 Apr 2005

Renewed application for leave to appeal granted.
Held: For an economic operator, if a claim under the Public Contracts Regulations may be brought, a claim for judicial review may not

Judges:

Sir William Aldous

Citations:

[2005] EWCA Civ 577

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Good Law Project Ltd and Others, Regina (on Application of) v Secretary of State for Health and Social Care Admn 18-Feb-2021
Failure to Publish Contracts awards details
Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic.
Held: The contracts had been awarded under . .
Lists of cited by and citing cases may be incomplete.

Contract, Judicial Review, Administrative

Updated: 07 September 2022; Ref: scu.226048

Wiseman v Borneman: HL 1971

The House was asked whether natural justice required that there be an oral hearing of a determination by a tax tribunal of whether there was a prima facie case.
Held: A refusal to examine evidence submitted to a tribunal initially when there was an opportunity for the same party later to examine the same was lawful.
The requirement of fairness should not degenerate into hard and fast rules and any additional steps to the statutory procedure must not frustrate the apparent purpose of the legislation. Lord Guest said that the principles ‘should be reasonably clear and definite’ and cases should not be ‘decided ex post facto on some uncertain basis.’
Lord Reid said: ‘Natural justice requires that the procedure before any tribunal which is acting judicially shall be fair in all the circumstances, and I would be sorry to see this fundamental general principle degenerate into a series of hard-and-fast rules. For a long time the courts have, without objection from Parliament, supplemented procedure laid down in legislation where they have found that to be necessary for this purpose. But before this unusual kind of power is exercised it must be clear that the statutory procedure is insufficient to achieve justice and that to require additional steps would not frustrate the apparent purpose of the legislation.’

Judges:

Lord Reid, Lord Guest, Lord Morris

Citations:

[1971] AC 297, [1971] 3 All ER 275

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .
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 . .
Lists of cited by and citing cases may be incomplete.

Administrative, Natural Justice

Updated: 07 September 2022; Ref: scu.223052

Vote Leave Ltd v The Electoral Commission: CA 12 Nov 2019

The court rejected a complaint from the claimant as to its publishing a report critical of the claimant.
Held: The complaint was rejected. It was within the powers of the respondent.

Judges:

Underhill LJ VP, Sigh, Nicola Davies LJJ

Citations:

[2019] EWCA Civ 1938

Links:

Bailii

Statutes:

Political Parties, Elections and Referendums Act 2000

Jurisdiction:

England and Wales

Elections, Administrative

Updated: 07 September 2022; Ref: scu.643878

H and L v A City Council: CA 14 Apr 2011

The court was asked when and how it is proper for a local authority to make disclosure to someone’s commercial contacts of the fact that he is a convicted sex offender.
Held: Where human rights are involved, the appropriate standard of review which the court must adopt is not the Wednesbury test of irrationality but the more intense Daly standard.

Citations:

[2011] EWCA Civ 403

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights, Administrative

Updated: 06 September 2022; Ref: scu.432813

Regina v Secretary of State for Education and Employment ex parte Parkes, Neubert and Begbie: Admn 19 Feb 1999

The claimants sought leave to bring a judicial review to oblige the respondent to continue financial support for their schooling, saying the respondent had written to make this promise.
Held: The applicants had an arguable case, and the review should continue.

Judges:

Moses J

Citations:

[1999] EWHC Admin 158

Statutes:

Education (Schools) Act 1997 22(b)

Jurisdiction:

England and Wales

Cited by:

See Also – Regina v Department for Education and Employment ex parte Begbie Admn 12-Jul-1999
The claimant had been given an assisted place. The support was withdrawn and she sought to hold the respondent to his promise to continue support after the scheme had ended for those already receiving help. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Education

Updated: 06 September 2022; Ref: scu.139422

Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016

The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ stand-by time (part of (d) in para 6 above) from their calculations.
Held: Subject to that concession, the appeal succeeded. The Judge’s construction gave insufficient weight to the excepting words at the end of section 49(2). These clearly distinguished between different services provided by a nurse at a care home. It did not follow from the fact that a nurse needed to be on call at all times that everything she did while on duty was a service which needed to be provided by a registered nurse. Whether what she did fell within the definition was a factual rather than a legal question.

Judges:

Laws, Elias, Lloyd Jones LJJ

Citations:

[2016] EWCA Civ 26, [2016] PTSR 908, [2016] WLR(D) 63, [2016] PTSR 1202

Links:

Bailii, WLRD

Statutes:

Health and Social Care Act 2001 49, Care Homes (Wales) Regulations 2002 18(3)

Jurisdiction:

Wales

Citing:

Appeal from – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others Admn 11-Mar-2014
The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted.

Cited by:

At CA – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 04 September 2022; Ref: scu.559516

Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit.
Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined as a matter of English law, although the English courts may have regard to the position under the law where the body is incorporated and account can be taken of the view of the government concerned.
International law was incorporated into domestic law unless it was in conflict with statutory provision. This enabled domestic law to respond to changes in international law rather than it being bound by the interpretation of international law upon a particular point when it was first decided, if international law had later evolved. Domestic law could evolve as the incorporated international law evolved.
Lord Denning MR said: ‘Seeing that the rules of international law have changed – and do change – and that the courts have given effect to the changes without any Act of Parliament, it follows to my mind inexorably that the rules of international law, as existing from time to time, do form part of our English law.’ and ‘we should give effect to those changes and not be bound by any idea of stare decisis in international law’ and ‘Governments everywhere engage in activities which although incidental in one way or another to the business of government are in themselves essentially commercial in their nature.’
Lord Denning MR said that it was necessary to look to all the evidence to see whether the organisation in question was under government control and exercised governmental functions in order to determine whether it was part of the State.
Shaw LJ stated that whether a particular organisation is to be accorded the status of a department of government or not must depend upon its constitution, its powers and duties and its activities. There could be no intermediate hybrid status occupied by the bank where it was regarded as a government department for certain purposes and as an ordinary commercial or financial institution for different purposes.

Judges:

Shaw LJ, Denning MR, Oliver LJ

Citations:

[1977] 1 QB 529, [1976] 3 All ER 437, [1976] 1 WLR 868

Jurisdiction:

England and Wales

Citing:

Cited – In re Trepca Mines (No 2) CA 1962
Champerty: Lord Denning MR said: ‘The reason why the common law condemns champerty is because of the abuses to which it may give rise. The common law fears that the champertous maintainer might be tempted, for his own personal gain, to inflame the . .

Cited by:

Cited – Perch, Dennie and Commissiong v The Attorney General of Trinidad and Tobago PC 20-Feb-2003
PC (Trinidad and Tobago) The postal system had been transferred to a company. Employees complained that they had been public servants and had lost privileges associated with that employment, and provisions of the . .
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 – Jones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service CACD 21-Jul-2004
The court considered the extent to which the defendants in the proceedings can rely on their beliefs as to the unlawfulness of the United Kingdom’s actions in preparing for, declaring, and waging war in Iraq in 2003 in a defence to a charge of . .
Cited – Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1) HL 22-Nov-1998
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution.
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Kensington International Ltd v Republic of the Congo; Glencore Energy UK Limited, Sphynx UK Limited, Sphynx (BDA) Limited, Africa Oil and Gas Corporation, Cotrade SA (Third Parties) ComC 28-Nov-2005
The claimant had taken an assignment of debts owed by the defendant, and obtained judgment in US$121m. They sought to enforce the judgment and obtained third party debt orders against the parties listed.
Held: Officers in the third party . .
Approved – Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners) HL 1983
The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba . .
Cited – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Cited – AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria QBD 13-Jun-2003
AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act . .
Cited – Morris and Another v London Borough of Southwark QBD 5-Feb-2010
The residential tenant claimant sought damages from her council for failure to repair her flat. The counciil now objected to being asked to pay her costs, saying that the agreement with her solicitors was champertous, being a Conditional Fee . .
Cited – Sibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
Cited – Ali Hussein v Secretary of State for Defence Admn 1-Feb-2013
The claimant sought to challenge the legality of techniques of interrogation intended to be used by forces members detaining person captured in Afghanistan. He had himself been mistreated by such officers in Iraq. The defendant denied he had . .
Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Lists of cited by and citing cases may be incomplete.

Administrative, Commercial, International, Jurisdiction

Updated: 03 September 2022; Ref: scu.186583

Unison, Regina (on The Application of) v Lord Chancellor: Admn 29 Jul 2013

Renewed application for permission to bring a claim for judicial review of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013.

Judges:

Lewis J

Citations:

[2013] EWHC 2858 (Admin)

Links:

Bailii

Statutes:

Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013

Jurisdiction:

England and Wales

Cited by:

At Admn – Unison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
Lists of cited by and citing cases may be incomplete.

Administrative, Employment, European

Updated: 03 September 2022; Ref: scu.601147

Caixa Geral De Depositos v Commission: ECFI 3 Mar 2011

ECFI (Economic And Social Cohesion) ERDF – Reduction of financial assistance – Block Grant aid to local investment in Portugal – Action for annulment – Direct – Inadmissibility – Arbitration clause.

Citations:

T-401/07, [2011] EUECJ T-401/07

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 03 September 2022; Ref: scu.430329

Bahamas Hotel Maintenance and Allied Workers Union v Bahamas Hotel Catering and Allied Workers Union and Others: PC 23 Feb 2011

Two trade union disputed the right of the other to be registered with and to use a similar name to their own. There had been considerable delays in the conduct of the judicial review proceeding.
Held: The Board upheld the trial judge’s refusal to grant judicial review of the unlawful registration of a trade union in part because of the delay by the rival union in challenging it.
Lord Walker of Gestingthorpe observed that conclusive evidence provisions (there was one akin to section 10 of the 1965 Act here) ‘are often included in legislation relating to official registers, because such registers cannot serve their purpose unless members of the public can safely rely on them’

Judges:

Lord Hope, Lord Rodger, Lord Walker, Lord Brown, Lord Clarke

Citations:

[2011] UKPC 4

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Adamson and Others v Paddico (267) Ltd SC 5-Feb-2014
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request.
Held: The appeal were solely as to . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Company, Administrative, Judicial Review

Updated: 02 September 2022; Ref: scu.429745

Stancliffe Stone Company Ltd v Peak District National Park Authority: CA 17 Jun 2005

In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for renewed planning permission for the two sites. In 2005, the applicants began an action which sought to challenge the inclusion of the sites in that list, saying that the letter seeking a declaration that the effect of the 1952 letter was to create one single planning permission, not four, and that therefore the sites could not therefore be separately listed as dormant.
Held: The action was in reality a public law action, and should have been by way of judicial review, and not for a declaration. To seek to achieve this effect in this way was an abuse of process. Any challenge should have been made before the dates appropriate to the listing, and if by way of judicial review in any event within three months.

Judges:

Chadwick LJ, Buxton LJ, Gage LJ

Citations:

[2005] EWCA Civ 747, Times 14-Jul-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Cited – Calder Gravel Ltd v Kirklees Metropolitan Borough Council 1989
The plaintiff’s predecessor in title had applied in 1946 for planning permission. The authority approved the application and for nearly 40 years all concerned had proceeded on the basis that outline planning permission had been granted. In 1984 the . .
Cited – Moyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
Cited – Earthline Limited v Secretary of State for Transport, Local Government and the Regions and West Berkshire Council CA 6-Nov-2002
A mining permission, allowing extraction of gravels, had been given the wrong date for its termination. Under the original Act, the permission would expire in 2042. In stating the terms for the licence, the mineral planning authority had mistakenly . .
Cited – Moyna v The Secretary of State for Social Security CA 27-Mar-2002
The claimant a former civil servant had retired due to ill health, and appealed refusal of disability living allowance. The court did not accept that one could have facts on which different tribunals could properly reach different conclusions about . .
Cited – Mouchell Superannuation Fund Trustees and another v Oxfordshire County Council CA 1992
The court has jurisdiction to grant a declaration, in a private law action, that a planning condition is invalid. . .
Cited – Tarmac Heavy Building Materials UK Ltd v Secretary of State for the Environment, Transport and the Regions QBD 14-Jul-1999
A condition requiring the removal of plant and re-instatement of a site after completion of extraction of minerals from it was not properly imposed since the operation of the plant was not necessarily linked to the continuation of the quarrying . .
Leave – Stancliffe Stone Company Ltd v Peak District National Park Authority CA 24-Feb-2005
Recommencement of quarry works under old planning licence. . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 02 September 2022; Ref: scu.226733

Atec Associates Ltd v HMRC: UTTC 27 May 2010

UTTC Procedure – Transfer of functions of VAT Tribunal to First-tier Tribunal. Procedure – Discretion to apply 1986 Rules in place of 2009 Rules-whether to apply Rule 26(4) of 1986 Rules. Procedure – Application to set aside dismissal of VAT appeals after failure of prior application not attended by the applicant.

Citations:

[2010] UKUT 176 (TCC), [2010] STI 1755, [2010] STC 1882, [2010] BVC 1526

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Administrative

Updated: 01 September 2022; Ref: scu.428154

Suppiah and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 11 Jan 2011

Wyn Williams J said: ‘a policy which is in principle capable of being implemented lawfully but which nonetheless gives rise to an unacceptable risk of unlawful decision-making is itself an unlawful policy.’

Judges:

Wyn Williams J

Citations:

[2011] EWHC 2 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 31 August 2022; Ref: scu.427932

Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: Admn 21 Dec 2010

Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European Convention on Human Rights by members of the British Armed Forces.
Held: Judicial review was refused. Anticipating that anoter inquiry was to look at related issues, it was not unlwaful for the Secretary of State to await the outcome of that inquiry before deciding on a public inquiry. The ‘wait and see’ approach was legally permissible. ‘The core fact-finding exercise already under way through IHAT is liable to impact on the systemic issues’; that the Baha Mousa and Al-Sweady Inquiries overlap with the issues in the present case; that civil claims may provide further answers; and that the ‘very heavy resource implications’ merit ‘real weight’.

Judges:

Richards LJ, Silber J

Citations:

[2011] ACD 32, [2011] UKHRR 268, [2010] EWHC 3304 (Admin)

Links:

Bailii

Cited by:

Appeal from – Mousa, Regina (on The Application of) v Secretary of State for Defence and Another CA 22-Nov-2011
The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Armed Forces, Administrative

Updated: 31 August 2022; Ref: scu.427397

Ryanair v Commission: ECFI 10 Dec 2010

ECFI Access to documents – Regulation (EC) No 1049/2001 – Documents relating to procedures for reviewing State aid – Implied refusals of access – Express refusals of access – Exception concerning protection of the purpose of inspections, investigations and audits – Duty to carry out a concrete, individual examination.

Citations:

T-509/08, [2010] EUECJ T-509/08

Links:

Bailii

Statutes:

Regulation (EC) No 1049/2001

European, Administrative

Updated: 31 August 2022; Ref: scu.427343

Clarence Henry Willcock v Muckle: KBD 26 Jun 1951

Mr Willcock was stopped for speeding. PC Muckle asked him to show his national registration identity card. Mr Willcock refused. PC Muckle served a notice requiring its production which Mr Willcock ignored. He was prosecuted. He argued that the emergency which had led to the Act had passed. He was convicted by the magistrates, but the magistrates imposed only an absolute discharge. He appealed.
Held: There had been a declaration that the war had come to an end but no Order in Council revoking the Act. Only one emergency was meant – the imminent outbreak of war. The policeman had really wanted the defendant’s vehicle registration number, but was still acting under standing orders requiring them to ask every person stopped to produce the identity card. Lord Goddard ‘That sort of thing tends to make motorists not law-abiding; it tends to cause resentment.’ The Act was being used for a purpose for which it was not passed. A court of seven judges had been convened to decide whether the Act remained in force. It did. It required a specific Order in Council to revoke it. ‘. . . The court wishes to express its emphatic approval of the way in which they [the magistrates] dealt with this case by granting the defendant an absolute discharge. Because the police may have powers, it does not follow that they ought to exercise them on all occasions or as a matter of routine . . . To demand production of the national registration identity card from all and sundry . . . is wholly unreasonable. This Act was passed for security purposes; it was never passed for the purposes for which it is now apparently being used. To use Acts of Parliament passed for particular purposes in war-time when the war ‘is a thing of the past . . . tends to turn law-abiding citizens into law-breakers, which is a most undesirable state of affairs.
Further, in this country we have always prided ourselves on the good feeling that exists between the police and the public, and such action tends to make people resentful of the acts of the police, and inclines them to obstruct the police instead of assisting them.’
Devlin J: ‘I think that it would be very unfortunate if the public were to receive the impression that the continuance of the state of emergency had become a sort of statutory fiction which was used as a means of prolonging legislation initiated in different circumstances and for different purposes.’

Judges:

Lord Goddard CJ, Sir Raymond Evershed MR, Somervell and Jenkins LJJ, Kilberry, Lynskey and Devlin JJ

Citations:

[1951] 2 The Times LR 373

Statutes:

National Registration Act 1939 12(4)

Jurisdiction:

England and Wales

Administrative, Police

Updated: 29 August 2022; Ref: scu.223014

Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

The claimant, the Rail regulator appealed a decision that he had to apply to court for directions under the 1986 Act before allowing other rail operators access to the track after the company had gone into railway administration.
Held: Section 17 of the 1993 Act was sufficient to allow the regulator to make such an order without first approaching the court. In exercising the power the regulator had to have regard to the interests of others which would not be reflected in insolvency proceedings, and the importance of that role overrode if necessary the interests in the company.

Judges:

Lord Woolf, Lord Chief Justice, Lord Justice Waller and Lord Justice Robert Walker

Citations:

Times 15-Jul-2002, Gazette 12-Sep-2002, [2002] EWCA Civ 955, [2002] 1 WLR 3002, [2002] 4 All ER 435, [2002] 2 BCLC 755

Links:

Bailii

Statutes:

Railways Act 1993 17, Insolvency Act 1986 11(3)(d)

Jurisdiction:

England and Wales

Utilities, Administrative, Insolvency

Updated: 29 August 2022; Ref: scu.174325

Mencap, Regina (on The Application of) v Parliamentary Health Service Ombudsman: CA 6 Jul 2010

Challenge to approach taken in report on the outcome of an investigation into complaints by the relatives of six people with learning disabilities who had died after receiving allegedly sub-standard healthcare.

Citations:

[2010] EWCA Civ 875

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 27 August 2022; Ref: scu.551929

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 Council said that the maps did not accord with the legislation.
Held: The application failed: ‘there was no strict compliance with the requirements of paragraph 1 of Schedule 14 to the 1981 Act. The maps which accompanied the applications were not drawn to a scale of no less than 1:25,000.’ Moreover, the departures were not such as to fall within a de minimis principle: ‘a map to a scale of 1:50,000 is very different from a map to a scale of 1:25,000, in particular, in terms of the detail relevant to the routes of the claimed ways and their impact relative to surrounding features.’

Judges:

Supperstone J

Citations:

[2012] EWHC 2634 (Admin), [2013] PTSR 302

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981 53(5), Natural Environment and Rural Communities Act 2006, Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993, Highways Act 1980 130

Jurisdiction:

England and Wales

Citing:

Cited – Winchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
Cited – Maroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .

Cited by:

Appeal from – 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 . .
At first Instance – 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.

Land, Administrative

Updated: 27 August 2022; Ref: scu.464625

Assura Pharmacy Ltd, Regina (on the Application of) v National Health Services Litigation Authority (Family Health Services Appeal Unit): Admn 21 Feb 2007

Citations:

[2008] EWHC 289 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Health Professions, Administrative

Updated: 26 August 2022; Ref: scu.266105

Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties: CA 8 May 2003

The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece.
Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very broad principle in Article 43 EC and any in specific community legislation. Rights of establishment are not to be used to put a person relying on rights derived from movement between member states in a better position than the citizens of the host state to which he moves. The purpose of Article 8 is to enable the incoming applicant to acquire, and thereafter to practise under, the qualification awarded by the host state. Since the Authority exercised a specialist knowledge its decision would have to be clearly irrational before a court could intervene. That had not been shown here.

Judges:

Lord Justice Aldous Lord Justice Buxton Lord Justice Rix

Citations:

[2003] EWCA Civ 609

Links:

Bailii

Statutes:

European Specialist Medical Qualifications Order 1995, Directive 93/16/EEC, Article 43 EC

Jurisdiction:

England and Wales

Citing:

Cited – Practice Direction on the Citation of Authorities LCJ 9-Apr-2001
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, . .
Cited – Commission v Spain ECJ 16-May-2002
. .
Cited – Conseil national de l’ordre des architectes v Nicolas Dreessen ECJ 22-Jan-2002
Europa Reference for a preliminary ruling: Cour de cassation – Belgium. Reference for a preliminary ruling – Articles 10 EC and 43 EC – National legislation restricting access to the profession of architect to . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Hocsman ECJ 14-Sep-2000
The blanket prohibition in Article 43 will prevent unjustified restrictions such as ‘French doctors cannot practise in the United Kingdom’, but the next step is to harmonise the basis on which the qualification is granted; otherwise it becomes . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Van De Bijl v Staatssecretaris Van Economische Zaken ECJ 27-Sep-1989
When looking at certificates of professional competence issued by other member states, the host Member State cannot be obliged to overlook matters which occurred within its own territory and which are of direct relevance to the real and genuine . .
Lists of cited by and citing cases may be incomplete.

Health Professions, European, Administrative

Updated: 26 August 2022; Ref: scu.181958

Sayn-Wittgenstein C-208/09: ECJ 14 Oct 2010

ECJ European citizenship – Freedom to move and reside within the Member States – Refusal by a Member State having abolished the nobility to register one of its nationals under a surname, acquired in another Member State, containing a title of nobility.
ECJ European citizenship – Freedom to move and reside within the Member States – Refusal by a Member State having abolished the nobility to register one of its nationals under a surname, acquired in another Member State, containing a title of nobility.

Citations:

C-208/09, [2010] EUECJ C-208/09, [2010] EUECJ C-208/09

Links:

Bailii, Bailii

Jurisdiction:

European

Administrative

Updated: 25 August 2022; Ref: scu.425295

Law Society of England and Wales v Legal Services Commission: Admn 30 Sep 2010

The Law Societry challenged as unlawful the methods chosen by the respondent to implement a scheme for the competitive grant of new contracts for the provision of family law services.
Held: The challenge succeeded. The respondent had discussed a scheme in consultation processes with the applicant but had thenm imposed alterations without sufficiently informing those firms which were applying for them. The result was that a reduction in the number of successful firms which was twice that aimed for or expected. The result was that ‘ those who were acknowledged to be highly skilled and experienced professionals were no longer going to be able to deploy those skills in areas where they were most needed. That concern was expressed not merely by those who had failed, but by those who had succeeded, and by those who had come to know, trust and rely upon solicitors practising in a difficult and demanding jurisdiction, namely clients, minority representative organisations and judges.’

Judges:

Moses LJ

Citations:

[2010] EWHC 2550 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Administrative

Updated: 25 August 2022; Ref: scu.425304

Begum, Regina (on The Application of) v Special Immigration Appeals Commission and Another: SC 26 Feb 2021

Judges:

Lord Reed, President, Lord Hodge, Deputy President, Lady Black, Lord Lloyd-Jones, Lord Sales

Citations:

[2021] UKSC 7

Links:

Bailii, Bailii Summary, Bailii Issues and Facts

Jurisdiction:

England and Wales

Citing:

At Admn – Begum v Secretary of State for The Home Department Admn 7-Feb-2020
Challenge to refusal of entry clearance to be allowed to fight decision to withdraw citizenship.
Held: The court granted permission to apply for judicial review but dismissed the substantive claim for judicial review of the LTE decision. . .
Appeal from (CA) – 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative, Immigration

Updated: 24 August 2022; Ref: scu.658967

Regina (RB) v First Tier Tribunal (Review): UTAA 28 May 2010

The tribunal may review its own decision, where for example a clear error has been made (section 9).

Judges:

Lord Justice Carnwath SPT

Citations:

[2010] UKUT 160 (AAC), [2010] MHLR 192, [2010] AACR 41

Links:

Bailii

Cited by:

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

Administrative, Litigation Practice, Health

Updated: 23 August 2022; Ref: scu.423181

Mapere, Regina (on the Application of) v Secretary of State for the Home Department: Admn 3 Jul 2000

To establish a legitimate expectation, the assurances relied on should be assurances that have been given by the decision-maker: ‘it would be wrong in principle for courts to rule that a decision-maker’s discretion should be limited by an assurance given by some other person’.

Judges:

Sulivan J

Citations:

[2000] EWHC 633 (Admin), [2001] Imm AR 89

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Approved – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another HL 30-Apr-2008
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006.
Held: The secretary of state’s . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 22 August 2022; Ref: scu.267630

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 jurisdiction meant that it was amenable to judicial review, but only on grounds of excess of jurisdiction, or of a denial of the right to a fair hearing. Neither of these described what had happened to Mr Cart before the Upper Tribunal. He appealed.
Held: The appeal failed: ‘the new tribunal structure, while not an analogue of the High Court, is something greater than the sum of its parts. It represents a newly coherent and comprehensive edifice designed, among other things, to complete the long process of divorcing administrative justice from departmental policy, to ensure the application across the board of proper standards of adjudication, and to provide for the correction of legal error within rather than outside the system, with recourse on second-appeal criteria to the higher appellate courts.’

Judges:

Sedley LJ, Richards LJ, Sir Scott Baker

Citations:

[2010] EWCA Civ 859, [2011] PTSR 42, [2010] 4 All ER 714, [2011] ACD 1, [2011] 2 WLR 36, [2011] QB 120, [2010] NPC 86, [2010] STC 2556, [2010] STI 2272

Links:

Bailii

Statutes:

Tribunals, Courts and Enforcement Act 2007 3

Jurisdiction:

England and Wales

Citing:

At Upper Tribunal – RC v Secretary of State for Work and Pensions UTAA 15-Apr-2009
. .
Appeal from – 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 – Ras Behari Lal v King-Emperor PC 1933
It was alleged that a juror had been unable to understand sufficient English to follow the trial.
Held: The rule against enquiring into the events in the jury room has an exception where there are external events which may have affected them. . .
Cited – MJ (Angola) v Secretary of State for The Home Department CA 20-May-2010
The applicant had been ordered to be deported and returned to Angola, but at the same time he was a detained mental patient. He argued that a return would breach his Article 8 rights.
Held: The respondent was entitled to decide to deport the . .
Cited – Wiles v Social Security Commissioner and Another CA 16-Mar-2010
The court considered one of the last applications for permission to seek judicial review of a Social Security Commissioner’s determination before the transfer of the Commissioner’s jurisdiction to the Upper Tribunal. Mr Eadie, for the Commissioner, . .
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Cited – 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 – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Applied – Regina (on the Application of Sivasubramaniam) v Wandsworth County Court Admn 13-Dec-2001
The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health.
Held: Leave to appeal having been refused there was no further right of appeal under the 1999 . .

Cited by:

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

Administrative, Constitutional

Updated: 21 August 2022; Ref: scu.421036

Adams, Regina (on The Application of) v Secretary of State for Justice: Admn 4 Feb 2009

Claim for Judicial Review of a decision of the Secretary of State for Justice that the Claimant was not entitled to compensation for a miscarriage of justice, under s.133(1) of the Criminal Justice Act 1988.

Citations:

[2009] EWHC 156 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 21 August 2022; Ref: scu.420985

Green, Regina (on the Application of) v South West Strategic Health Authority: Admn 28 Oct 2008

The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines.
Held: In these circumstances it was proper to admit further evidnce about the background to the decision, and in the light of that additional evidnce in this case, there was nothing to establish that the review panel had departed from the Authority’s need test. The claim failed.

Judges:

Wyn Williams J

Citations:

[2008] EWHC 2576 (Admin)

Links:

Bailii

Statutes:

National Health Service Act 1977 3, National Assistance Act 1948 21

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – Grogan, Regina (on the Application of) v Bexley NHS Care Trust and others Admn 25-Jan-2006
The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care.
Cited – 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 – Leung v Imperial College of Science, Technology and Medicine Admn 5-Jul-2002
Silber J considered the circumstances in which it was proper to take into account additional evidence surrounding the circumstances in which a decision under challenge had been made. He added to those in Ermakov the issue of whether it would be just . .
Lists of cited by and citing cases may be incomplete.

Health, Administrative

Updated: 20 August 2022; Ref: scu.277291

Friends of the Earth and Another v Secretary of State for Business Enterprise and Regulatory Reform and Another: Admn 23 Oct 2008

The court refused to grant the declaration requested by the claimant that it had failed in its statutory duties in not implementing properly the 2000 Act.

Judges:

Mr Justice McCombe

Citations:

[2008] EWHC 2518 (Admin)

Links:

Bailii

Statutes:

Warm Homes and Energy Conservation Act 2000

Jurisdiction:

England and Wales

Cited by:

Appeal from – Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change CA 30-Jul-2009
The claimant challenged the implementation of the Act by the respondent, saying that they had failed to implement the actions required of it by the Act.
Held: It was for the government not the courts to decide policy issues on expenditure, and . .
Lists of cited by and citing cases may be incomplete.

Environment, Administrative

Updated: 20 August 2022; Ref: scu.277290