Category: Administrative

Dawson v Wearmouth: HL 4 Feb 1999

The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded.
Held: The father’s appeal succeeded. When considering changing a child’s name by means of a specific issue order, the court must follow the issues identified in section 1 of the Act, and a court order is to be made only if it will be in the best interests of the child. In this case there was no need to use father’s name
HL Lord Mackay of Clashfern: ‘The application of section 1 so long as they take account of the criteria there in question is a matter within the discretion of the Court of Appeal and I can see no ground for suggesting that they have erred in principle. The heavy emphasis on registration is, I think, a reflection of the fact that they considered that the judge had wrongly left that out of account and that the application must be understood as for a change from a name already registered and therefore in the light of section 1 of the Act of 1989 some circumstances required to be pointed to which would justify making that change in the interests of the child’s welfare. In fairness to the Court of Appeal it must be pointed out that, although they described the fact that the name sought to be changed was the duly registered name as ‘all-important’, they coupled that with the circumstances that the name Wearmouth was the mother’s actual name at the time it was chosen for her as well as being that of Alexander’s half-brother and half-sister, in stating their view that their discretion should be exercised against the making of the order for change . . . In my opinion on a fair reading of the decision of the Court of Appeal they were suggesting not that the registration was conclusive of the issue in the present case but that in order to justify changing the name from that which was registered circumstances justifying the change would be required and they concluded in the exercise of their discretion that there were no such circumstances of sufficient strength to do so in the present case.’
HL Lord Jauncey of Tullichettle: A surname which is given to a child at birth is not simply a name plucked out of the air. Where the parents are married the child will normally be given the surname or patronymic of the father thereby demonstrating its relationship to him. The surname is therefore a biological label which tells the world at large that the blood of the name flows in its veins. To suggest that a surname is unimportant because it may be changed at any time by deed poll when the child has attained more mature years ignores the importance of initially applying an appropriate label to that child.’ and ‘My Lords, I accept, of course, as the authorities make clear, that the changing of a child’s surname is a matter of importance and that in determining whether or not a change should take place the court must first and foremost have regard to the welfare of the child. There are many factors which must be taken into account, not only those pertaining to the present situation but also those which are likely to affect the child in the future. Just as the fact that the mother happens to bear a different surname from the child is not a sufficient reason for changing the child’s surname (in re WG 6 Fam Law 210; in re C (Change of Surname) [1998] 2 FLR 656) so the fact that mother and child bear the same name should not necessarily be sufficient reason for refusing a change if there are valid countervailing reasons.’
Lord Hobhouse of Woodborough: ‘The name appearing upon a child’s birth certificate is not without importance. It has practical implications and, other things being equal, it is in the longterm interests of the child that the name by which he is known should also be the name which appears on his birth certificate.’ and ‘The fact of registration is a relevant and, maybe, important factor in assessing where the balance of advantage for the child’s welfare lies. But it is not all important.’

Judges:

Lord Mackay of Clashfern, Lord Jauncey of Tullichettle, Lord Hobhouse of Woodborough

Citations:

Times 26-Mar-1999, Gazette 28-Apr-1999, Gazette 12-May-1999, [1999] UKHL 18, [1999] 2 AC 309, [1999] 2 All ER 353, [1999] 2 WLR 960, [1999] 1 FCR 625, [1999] 1 FLR 1167, [1999] Fam Law 378

Links:

House of Lords, House of Lords, Bailii

Statutes:

Children Act 1989 8 1, Births and Deaths Registration Act 1953

Jurisdiction:

England and Wales

Citing:

Appeal from – Dawson v Wearmouth CA 31-Jul-1997
The father was not married to the mother who, without consulting the father, registered the child in the name of her former husband by whom she had previously had two children. The father sought various orders under the Children Act, including a . .
Cited – Keegan v Ireland ECHR 26-May-1994
The mother and father were not married, and their relationship broke up before the birth of the child, and the father was excluded from seeing the baby after the first time in hospital. He sought guardianship, and objected to his exclusion from . .
Cited – In re T (orse H) (An Infant) ChD 1963
The mother had by deed poll changed the paternal surname of her daughter by her first husband to that of her second husband.
Held: Buckley J said: ‘In the case of a divided family of this sort it is always one of the aims of the court to . .
Cited – In Re B (Minors) (Change of Surname) CA 1-Dec-1995
The mother sought to change the surname of the three children of the family from that of her divorced husband to that of the husband whom she had subsequently married. Her application for leave was refused by the circuit judge. She appealed.
Cited – In re W G CA 1976
The mother sought to change the name of her child from that of the natural father to the surname of her new husband.
Held: Cairns LJ said: ‘it should be realised that the mere fact that there had been a divorce, that the mother had remarried . .
Cited – L v F 31-Jul-1978
The court heard an application with regard to a proposed change of a child’s surname. The child was living en famille with its mother, stepfather and half-sister. It heard evidence from a distinguished psychologist that ‘when they grew older, . .
Cited – W v A (Minor: Surname) CA 1981
The mother of the child sought to change the child’s surname from that of the child’s father to that of her new husband.
Held: The application was refused. Dunn LJ referred to the importance of maintaining the child’s links with the paternal . .
Cited – In Re C (A Minor) (Change of Name) CA 2-Feb-1998
A parent challenging a child’s lawful change of name after the event must do so against the background at time of name change; cogent reasons were needed. . .

Cited by:

Cited – In Re W (A Child); In Re A (A Child); In Re B (Children) CA 5-Aug-1999
Where either a child had been registered with his father’s name, or his parents had been married, there would need to be strong reasons for allowing a change of surname. Where the parents were not married, the degree of commitment shown by the . .
Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.

Children, Administrative

Updated: 23 May 2022; Ref: scu.135119

Hecq v Commission: ECJ 14 Dec 1988

ECJ An act which is no more than a management decision, such as a reassignment of duties within an administrative unit, which does not affect an official’ s position under the Staff Regulations or infringe the principle that the post to which an official is assigned should correspond to his grade, does not constitute an act adversely affecting the official within the meaning of Article 25 of the Staff Regulations.
Such an act falls within the discretionary power which each administration has to allocate duties among the members of its staff . The administration is not in that case obliged to give the official concerned a hearing or to state the grounds on which the decision is based .

Citations:

C-280/87, [1988] EUECJ C-280/87

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 23 May 2022; Ref: scu.134715

The Congregation of The Poor Sisters of Nazareth and The Daughters of Charity of Saint Vincent De Paul: SCS 1 Jul 2015

For Judicial Review of a decision of the Scottish Ministers dated 28 May 2015 to appoint Ms Susan O’Brien QC as Chair to the Historical Child Abuse Inquiry in terms of section 4(1) of the Inquiries Act 2005

Citations:

[2015] ScotCS CSOH – 87, 2015 GWD 22-385, 2015 SLT 445

Links:

Bailii

Jurisdiction:

Scotland

Administrative, Natural Justice

Updated: 23 May 2022; Ref: scu.550105

Government Actuaries Department v Pensions Ombudsman: Admn 15 Jun 2012

Frefighters, complained to the Pensions Ombudsman that the Government Actuary’s Department, GAD, had been guilty of maladministration because it had not updated the actuarial tables between June 1998 and August 2006. They alleged that updated tables would have led to a greater lump sum.

Judges:

Ouseley J

Citations:

[2012] EWHC 1796 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative

Updated: 23 May 2022; Ref: scu.462430

Horeau and Others, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 12 Aug 2016

Renewed application for permission to bring judicial review of a consultation exercise carried out by the Foreign and Commonwealth Office as part of its British Indian Ocean Territory (BIOT) policy review.

Judges:

Andrews J

Citations:

[2016] EWHC 2102 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

International, Administrative

Updated: 23 May 2022; Ref: scu.568836

Regina (Dr Heath) v Home Office Policy and Advisory Board for Forensic Pathology: Admn 4 Aug 2005

The applicant sought judicial review of the decision of the screening body of the Home Office policy and advisory board for forensic pathology to refer his case to the full panel.
Held: Judicial review was not appropriate as a remedy at this stage. It should be used only and if necessary after the decision taken by the full tribunal. The Board itself was lawful.

Judges:

Newman J

Citations:

Times 18-Oct-2005, [2005] EWHC 1793 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Administrative

Updated: 23 May 2022; Ref: scu.231183

The British Beer and Pub Association and others v Canterbury City Council: Admn 24 Jun 2005

The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy.
Held: One aim of the legislation is to allow licensing authorities to provide a ‘light touch bureaucracy’ with greater freedom and flexibility for businesses and the avoidance of disproportionate standard conditions. If a policy misleads an applicant into believing that he must meet certain requirements in relation to his application and that he lacks the freedom accorded to him by the Act and Regulations, the policy is contrary to the legislative scheme and is unlawful under Padfield. The policy was over-prescriptive in a number of places, suggesting the existence of requirements that cannot lawfully be imposed on applicants. On the promise of the respondent council to incorporate a schedule which would bring the policy back within lawful grounds, no relief was ordered.
Richards J said: ‘I accept the claimant’s contention that a statement of licensing policy is unlawful if and in so far as it has those features. The scheme of the legislation is to leave it to applicants to determine what to include in their applications, subject to the requirements of section 17 and the Regulations as to the prescribed form and the inclusion of a statement of specified matters in the operating schedule. An applicant who makes the right judgment, so that the application gives rise to no relevant representations, is entitled to the grant of a licence without the imposition of conditions beyond those consistent with the content of the operating schedule and any mandatory conditions. The licensing authority has no power at all to lay down the contents of an application and has no power to assess an application, or to exercise substantive discretionary powers in relation to it, unless there are relevant representations and the decision-making function under section 18(3) is engaged. If a policy creates a different impression, and in particular if it misleads an applicant into believing that he must meet certain requirements in relation to his application and that he lacks the freedom accorded to him by the Act and Regulations, the policy is contrary to the legaslative scheme and is unlawful on Padfield grounds (Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997).’

Judges:

Richards J

Citations:

[2005] EWHC 1318 (Admin), Times 11-Jul-2005

Links:

Bailii

Statutes:

Licensing Act 2003 5

Jurisdiction:

England and Wales

Citing:

Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Regina (on the Application of Chorion Plc) v Westminster City Council Admn 5-Oct-2001
A licensing policy had been challenged and then amended by the defendant council to meet the claimant’s concerns. Though the remaining issue was as to costs; the judge had to decide whether the challenge had been well founded.
Held: The policy . .
Cited – Quietlynn Ltd v Plymouth City Council QBD 1987
A company operated sex shops in Plymouth under transitional provisions which allowed them to do so until their application for a licence under the scheme introduced by the Act had been ‘determined.’ The local authority refused the application. The . .
Cited – Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner Admn 7-May-1999
An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment.
Held: The failure to give the floor area was not critical, but even at this stage the ommission of . .
Cited – Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another HL 23-May-2002
The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be . .

Cited by:

Cited – JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council Admn 11-Apr-2006
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and . .
Cited – Albert Court Residents Association and Others, Regina (on The Application of) v Corporation of The Hall of Arts and Sciences Admn 2-Mar-2010
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence . .
Lists of cited by and citing cases may be incomplete.

Licensing, Administrative

Updated: 22 May 2022; Ref: scu.227936

Regina (A) v Liverpool City Council: QBD 26 Jun 2007

The applicant sought judicial review of the authority’s decision that he was over the age of eighteen.
Held: Review was granted. The authority had to have regard to all the relevant information, and could not limit itself to adopting the opinion of one dental expert.

Judges:

Walker J

Citations:

Times 01-Aug-2007

Jurisdiction:

England and Wales

Citing:

Cited – Regina (B) v Merton London Borough Council Admn 14-Jul-2003
The authority had to decide the age of the applicant, an asylum seeker, in order to decide whether a duty was owed to him under the Act. He complained that the procedure adopted was unfair. The 2002 Act did not apply to persons under 18, and he . .
Cited – Regina (T) v Enflield London Borough Council 2005
. .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 21 May 2022; Ref: scu.258523

Fonderie Acciaierie Mandelli v ECSC High Authority Fonderie Acciaierie Giovanni Mandelli v Commission of the European Communities: ECJ 8 Feb 1968

ECJ 1. Measures adopted by an institution – decisions of the high authority – statement of reasons – preparatory inquiries – irrelevant objections – uncertainties due to applicant’s own conduct (ECSC treaty, article 15) 2. Assessment to contribution – estimated assessment – powers of the high authority (decision no 13/58 of the high authority of 24 July 1958, article 2; official journal 1958, p.269 decision no 16/58 of the high authority of 24 July 1958, article 15; official journal 1958, p. 275). 1. Cf. Paragraph 1, summary case 36/64, (1965) ECR 329. Cf. Paragraph 2, summary case 2/56, (1957 and 1958) ECR 3. The high authority is under no obligation to communicate all the details of its preliminary investigations, or to make known its views on wholly irrelevant objections. A party cannot plead to its advantage any uncertainties in the high authority’s attitude caused by that party’s own conduct. 2. Article 12 of decision no 13/58 of the high authority and article 15 of decision no 16/58 of the high authority are designed to enable the high authority, either in the absence of any declaration or where a declaration is incomplete or insufficiently proven, to make good by any suitable means the lack of a declaration or to remedy the omissions or inaccuracies in declarations supplied by undertakings. The powers conferred on the high authority to correct declarations are not distinct from those which it may exercise in the total absence of a declaration.

Citations:

C-3/67, [1968] EUECJ C-3/67

Links:

Bailii

Jurisdiction:

European

Administrative

Updated: 20 May 2022; Ref: scu.131833

Jean Moreau v Commission EAEC (Rec 1966,P 663) (Nl66-664 D 66-686 I 66-624 En66-459 Dk66-319 Gr66-467 P 66-519) (Judgment): ECJ 15 Dec 1966

Europa 1. Officials – integration under the state regulations – aims of the relevant provisions (staff regulations of officials of the EAEC, article 102) 2. Officials – contractual servants – application of the staff regulations to such persons – revaluation of post – automatic transfer of the step in the new grade – not permissible – application by analogy of the provisions of the staff regulations relating to the promotion of officials (staff regulations of officials of the EAEC, article 102) 1. The object of article 102 of the staff regulations is to ensure that contractual servants, who are integrated in accordance with the said regulations, keep the position which they previously occupied, by the almost automatic transference to the table set out in article 66 of the staff regulations of the grade and step ‘ expressly or impliedly ‘ accorded them before the staff regulations were applied to them. 2. If the post of a contractual servant engaged during the period before the staff regulations entered into force has been revalued by the regulations, the step in the previous grade of that servant, when he is integrated, cannot automatically be transferred to his new grade. In order to determine the step in the new grade the administration must be guided by the provisions of the staff regulations relating to the promotion of officials.

Citations:

C-15/64, [1966] EUECJ C-15/64

Links:

Bailii

European, Administrative

Updated: 20 May 2022; Ref: scu.131742

Williams v Cowell and Another (t/a The Stables): CA 11 Aug 1999

There was no right in an appellant from an Industrial Tribunal sitting in Wales to the Employment Appeal Tribunal sitting in London to insist that the Tribunal hear the case in Welsh. The appellant spoke English perfectly well, it was not a matter in which evidence was to be given and the appeal was a fresh matter with new issues arising. Convenience to the parties had to balance convenience to others.

Citations:

Times 12-Aug-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1893

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Cowell and Cowell (t/a The Stables) v Williams CA 22-Jul-1998
. .

Cited by:

See Also – G Cowell and L Cowell T/A the Stables v G Williams Respondent EAT 27-Feb-2001
EAT Unfair Dismissal – Reason for Dismissal . .
Lists of cited by and citing cases may be incomplete.

Administrative, Discrimination

Updated: 20 May 2022; Ref: scu.90528

Wakelin and others v Read and another: CA 10 Apr 2000

The Pensions Ombudsman did not have the right to exercise his discretion to provide a different answer to the one which would be given by a court. This followed from the right given to parties to appeal against his decisions to the High Court on a point of law. The wide discretion given by the statute did not include a power to act otherwise than in accordance with the law.
The Pensions Ombudsman did not have the right to exercise his discretion to provide a different answer to the one which would be given by a court. This followed from the right given to parties to appeal against his decisions to the High Court on a point of law. The wide discretion given by the statute did not include a power to act otherwise than in accordance with the law. The court had to consider the range of the ombudsman’s powers, including whether these exceeded those of the court.
Held: A point was been raised by the Trustees on the width of the Ombudsman’s discretion to give directions under s 151(2) of the 1993 Act. Mr Simmonds QC sought on behalf of the Trustees to uphold the decision of the Ombudsman to decline to direct the Trustees to pay the benefits on the ground that Mr Read did not come with clean hands. He submitted that the sub-section confers the widest possible discretion both as to the nature of the remedy granted and as to whether he should grant any remedy at all. He was not limited to those courses of action which would be open to a court in litigation. I am unable to accept this submission. ‘

Citations:

Times 10-Apr-2000, [2000] EWCA Civ 82, [2000] PLR 319, [2000] OPLR 277

Links:

Bailii

Statutes:

Pension Schemes Act 1993 151 (2)

Jurisdiction:

England and Wales

Cited by:

Cited – Legal and General Assurance Society Ltd v CCA Stationery Ltd ChD 12-Dec-2003
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme.
Held: Since . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Administrative

Updated: 20 May 2022; Ref: scu.90238

Steed v Secretary of State for the Home Department: HL 26 May 2000

The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a reasonable period, and asserted that any claim must be by way of judicial review. The defendant appealed and lost the case in the Court of Appeal, and appealed again.
Held: It was possible for a citizen to claim by way of summons sums due to him after the confiscation of his handguns, where the delay became unreasonable. There was no need to begin such proceedings by judicial review where the issue was not so much a decision, but rather the failure to deliver a statutory requirement within a reasonable time. Payment for scheduled types of handguns could be made within 30 days, and for guns which required individual valuation, 60 days was reasonable.

Judges:

Lord Slynn of Hadley Lord Woolf M.R. Lord Hope of Craighead Lord Clyde Lord Millett

Citations:

Times 26-May-2000, Gazette 08-Jun-2000, [2000] UKHL 32, [2000] 3 All ER 226, [2000] 1 WLR 1169

Links:

House of Lords, Bailii

Statutes:

Firearms (Amendment) Act 1997, Firearms Act 1968 5

Jurisdiction:

England and Wales

Citing:

Appeal from – Steed v Secretary of State for Home Office CA 1-May-1998
The plaintiff claimed compensation after surrendering his firearm and ammunition. There had been a long delay in processing the claim, and he sued. The Home Office entered a defence denying that there was any obligation to process claims within a . .
Cited – Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council CA 31-Jul-1997
Courts must not get tied up in public law/private law judicial review or other arguments when remedies and results provided by both jurisdictions are similar. The guidelines set down involved: ‘not only considering the technical questions of the . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Cocks v Thanet District Council HL 25-Nov-1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. . .
Cited – Mercury Communications Ltd v Director General of Telecommunications and Another HL 10-Feb-1995
The Secretary of State’s decision on the grant of a Telecommunications licence was challengeable by Summons and not by Judicial Review. A dispute between Mercury and BT as to charges as set by the Director General is a private not a public dispute. . .
Cited – Roy v Kensington and Chelsea and Westminster Family Practitioner Committee HL 6-Feb-1992
The respondent had withheld part of the plaintiff’s GP payments saying that he had failed to devote himself full time to his practice. The plaintiff sued, and the defendant sought to strike out his application, saying that his application had to be . .

Cited by:

Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review

Updated: 20 May 2022; Ref: scu.89525

Stevenage Borough Football Club Ltd v The Football League Ltd: ChD 1 Aug 1996

The Football League is a body subject to judicial review, since it exercises its control over members in the public interest.

Citations:

Times 01-Aug-1996

Jurisdiction:

England and Wales

Cited by:

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

Administrative, Judicial Review

Updated: 20 May 2022; Ref: scu.89547

Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan: Admn 3 Apr 1998

An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the court’s general reluctance to hold that the effect of failure to comply with a procedural requirement is to render proceedings null: ‘what can be the very undesirable consequences of a procedural requirement which is made so fundamental that any departure from the requirement makes everything that happens thereafter irreversibly a nullity’.

Judges:

Sedley J

Citations:

Times 23-Apr-1998, [1998] EWHC Admin 395

Statutes:

Asylum (Appeals) Procedure Rules 1993 No 1661 22(3)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Cited – Seal v Chief Constable of South Wales Police CA 19-May-2005
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek . .
Cited – Seal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .
Cited – McKay, Regina (on the Application of) v First Secretary of State and Another CA 9-Jun-2005
An enforcement notice was challenged on the grounds of it having been made without the appropriate identification of the land at issue. . .
Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Administrative

Updated: 20 May 2022; Ref: scu.86923

The Central Tenders Board and Another v White (T/A White Construction Services): PC 6 Oct 2015

From the Court of Appeal of the Eastern Caribbean Supreme Court (Montserrat) The CTB appealed from a decision that it was in breach of a building contract made with the respondent, Mr White (trading as White Construction Services). The trial judge had ordered that Mr White should recover compensation to be assessed in default of agreement. The CTB’s defence to Mr White’s claim was that it acted ultra vires in failing to comply with proper procedures for the procurement of goods or services by tender, and therefore that the contract was void.

Judges:

Lord Kerr, Lord Hughes, Lord Toulson

Citations:

[2015] UKPC 39

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Administrative, Contract

Updated: 20 May 2022; Ref: scu.553063

Jobsin co uk plc (trading as Internet Recruitment Solutiona) v Department of Health: CA 13 Jul 2001

A health authority advertised for contractors to create an on-line recruitment facility. They considered it to be a contract for employment related services, which was subject to tendering requirements ‘B’, under the Act. The claimants asserted that it was a contract for the provision of computer services, and should have been tendered under the more stringent ‘A’ requirements. The judge found that it was a computer services contract, and though out of time, the delay was excusable, and time extended. On appeal, the court confirmed that it was a contract for computer services, but that the extension of time was not warranted.

Judges:

Thorpe, Dyson LJJ, Dyson Astill JJ

Citations:

Gazette 31-Aug-2001, Times 02-Oct-2001

Statutes:

Public Services Regulations 1993 32(4)

Jurisdiction:

England and Wales

Administrative

Updated: 19 May 2022; Ref: scu.162934

Regina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division): HL 7 Apr 1998

An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of the proceeds of criminal conduct could be used also in relation to the investigation of prior criminal offences.
Held: Police were unable to use section 93(H) to further the investigation of a possible offence. The section was intended only to further the recovery of awards after a conviction.
Lord Hutton referred to the dominant purpose test which had been adopted by the Divisional Court and to the test contended for by the Director of Public Prosecutions which would have required the judge in the Crown Court to be satisfied that the police officer applying for the order ‘had the genuine purpose of investigating the proceeds of criminal conduct and that the application for the order was not a mere device in order to investigate the commission of an offence and to obtain evidence to support a prosecution’. He went on to say: ‘I would make two observations . . The first is that if the true construction of section 93H be the one which I have suggested, then I consider that in the great majority of cases the Circuit Judge will not be faced with a situation where it appears that the police are actuated both by the purpose of investigating the proceeds of criminal conduct and by the purpose of investigating the commission of an offence, and that the judge will only have to consider whether he is satisfied (in addition to the matter certified in section 93H(4)) that the purpose of the application is to investigate the proceeds of criminal conduct. Secondly, in my opinion the nature of the dominant purpose test is well stated in Wade and Forsyth on Administrative Law . . : ‘Sometimes an Act may serve two or more purposes, some authorised and some not, and it may be a question whether the public authority may kill two birds with one stone. The general rule is that its action will be lawful provided that the permitted purpose is the true and dominant purpose behind the Act, even though some secondary or incidental advantage may be gained for some purpose which is outside the authority’s powers. There is a clear distinction between this situation and its opposite where the permitted purpose is a mere pretext and a dominant purpose is ultra vires.’
In those cases where consideration may have to be given to the distinction between the two purposes, or where it may appear that the two purposes may co-exist (an example being where the police wish to investigate a case of living on the earnings of a prostitute), I think that there will be little practical difference between applying the test adopted by Simon Brown LJ and applying the test propounded [counsel for the Director of Public Prosecutions], but if a difference were to result, I consider it to be clear that the dominant purpose test is the appropriate one to apply.’

Judges:

Hutton L

Citations:

Times 07-Apr-1998, Gazette 07-May-1998, [1998] UKHL 16, [1999] Crim LR 220, [1998] 2 All ER 193, [1998] 2 WLR 715, [1998] AC 641

Links:

House of Lords, Bailii

Statutes:

Criminal Justice Act 1988 93(H)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles QBD 29-Oct-1996
The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds.
Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in . .

Cited by:

Cited – Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another CA 18-Jul-2013
The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather . .
Cited – Miranda v Secretary of State for The Home Department and Others Admn 19-Feb-2014
The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of . .
Cited – Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Others CA 19-Jan-2016
The claimant had been stopped at Heathrow by the defendant’s officers, and an encrypted data device had been taken from him using powers derived from the 2000 Act. The device was thought to contain material taken from the US NSA security service. He . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police, Administrative

Updated: 19 May 2022; Ref: scu.88677

Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally: CA 12 Mar 2001

Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to ask the representative to withdraw in certain circumstances. There was no advice he could give to the panel members which would not better have been given in the presence of the teacher. The decision to exclude the representative was not unreasonable.

Citations:

Times 23-Mar-2001, Gazette 11-May-2001, [2001] EWCA Civ 332

Links:

Bailii

Statutes:

Education Act 1996 496 97

Jurisdiction:

England and Wales

Education, Administrative, Natural Justice

Updated: 19 May 2022; Ref: scu.88602

Regina v Secretary of State for Health, ex parte C: CA 21 Feb 2000

An extra-statutory database maintained by the Secretary of State of the names of people considered to be unsafe to work with children was lawful. Two competing and genuine interests were to be balanced. The right to pursue employment without being blacklisted and the need to protect children in the care of others. The list invited representations from those listed, and merely referred the potential employer to the authority which had requested placement of the name on the register. The Crown had the common law right to do anything which might be done by an individual.

Judges:

Lord Woolf MR, Hale, Mustill LJJ

Citations:

Gazette 09-Mar-2000, Times 01-Mar-2000, [2000] EWCA Civ 49

Links:

Bailii

Statutes:

Protection of Children Act 1999

Jurisdiction:

England and Wales

Citing:

Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Cited by:

Cited – New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .
Lists of cited by and citing cases may be incomplete.

Employment, Administrative

Updated: 19 May 2022; Ref: scu.88609

Regina v Parliamentary Commissioner for Administration ex parte Dyer: QBD 19 Oct 1993

Parliamentary Commissioners decisions are reviewable, but range of the discretion given to him by the Act is very wide, and his decisions will only rarely be susceptible to review. He is answerable to Parliament.

Citations:

Gazette 19-Jan-1994, Times 27-Oct-1993, Independent 26-Oct-1993, [1994] 1 WLR 621, [1993] EWHC Admin 3

Links:

Bailii

Statutes:

Parliamentary Commissioner Act 1967

Cited by:

Cited – Legal and General Assurance Society Ltd v CCA Stationery Ltd ChD 12-Dec-2003
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme.
Held: Since . .
Cited – Nicholas Cavanagh Raymond Bhatt Frank Redmond v The Health Service Commissioner CA 15-Dec-2005
A parent had complained about the closure of a hospital unit which led to his daughter not receiving treatment. The Commissioner in her report commented adversely on the doctors involved. Both doctors and the parent sought judicial review of the . .
Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review

Updated: 19 May 2022; Ref: scu.87523

Regina v Lands Tribunal, Ex Parte Jafton Properties Ltd: COL 31 Jul 2000

After a tribunal application, the applicant submitted his costs for taxation. After the hearing there was further correspondence about the decision, resulting in the applicant formally objecting to the taxation. He suggested that the correspondence after the award meant that taxation had not been concluded. It was held that he was out of time. The taxation award had all the elements necessary to make it final, and the President’s refusal of extension of time was not irrational or unreasonable. The reasons were succinct, but correct.

Judges:

Langley J

Citations:

Gazette 31-Aug-2000, [2000] EWHC Admin 384

Links:

Bailii

Statutes:

Lands Tribunal Rules 1996 (1996 No 1022) 52

Costs, Administrative, Land

Updated: 19 May 2022; Ref: scu.87117

Practice Statement (Supreme Court: Judgments): LCJ 23 Apr 1998

Sets out new arrangements under which judgments in the High Court and Court of Appeal are to be handed down. Copies available to parties first in order to spot need for corrections.

Citations:

Times 23-Apr-1998, [1998] 1 WLR 825

Jurisdiction:

England and Wales

Cited by:

Cited – Robinson v Fernsby, Scott-Kilvert CA 19-Dec-2003
The judge had drafted his judgment and sent the drafts to the parties for comment. He then received additional written representations from one party, from which he realised that he had made an error, and issued a corrected judgment which a . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 19 May 2022; Ref: scu.85004

Nash v Chelsea College of Art and Design: QBD 11 Jul 2001

A student’s appeal against her examination marking was heard, but the reasons were only given some months later.
Held: When looking to see whether those reasons should be admitted, a court should be careful before accepting late reasons, particularly where there was a statutory duty to give them. In the absence of such a duty the court should consider any inconsistency between the original and late reasons, whether it was clear that they were the original reasons of the whole committee, whether the reasons were a genuine expression of the original decision, or were a retrospective justification of the original decision, the extent of the delay, the circumstances in which the reasons were produced, and the qualifications and experience of the tribunal members. In this case the reasons were accepted.
Stanley Burnton J said: ‘it is one thing to require comprehensiveness and clarity from lawyers and those who regularly sit on administrative tribunals; it is another to require those qualities of occasional non-lawyer tribunal chairmen and members.’
Stanley Burnton J considered the applicable principles where the adequacy of the reasons is not itself a condition of the legality of the decision, in the following terms: ‘The relevant considerations include the following which to a significant degree overlap:
(a) Whether the new reasons are consistent with the original reasons.
(b) Whether it is clear that the new reasons are indeed the original reasons of the whole committee.
(c) Whether there is a real risk that the later reasons have been composed subsequently in order to support the tribunal’s decision, or are a retrospective justification of the original decision . .
(d) The delay before the later reasons were put forward.
(e) The circumstances in which the later reasons were put forward. In particular, reasons put forward after the commencement of proceedings must be treated especially carefully. Conversely, reasons put forward during correspondence in which the parties are seeking to elucidate the decision should be approached more tolerantly.’

Judges:

Stanley Burnton J

Citations:

Times 25-Jul-2001, [2001] EWHC Admin 538

Links:

Bailii

Cited by:

Appeal from – Nash v Chelsea College of Art and Design CA 24-Jan-2002
Application for permission to appeal against the decision: ‘The claimant, Miss Aletta Nash, complains of the second year assessment that she received in her course at the Chelsea College of Art, the respondent. That assessment was made as long ago . .
Cited – Zaiwalla and Co (a Firm) v Walia EAT 24-Jul-2002
The claimant sought aggravated damages for the aggressive way the respondent firm had defended her action for sex discrimination.
Held: In exceptional circumstances, and this was one, the tribunal could award additional damages where a . .
Cited – Clive Rees Associates, Solicitors, Regina (on The Application of) v Swansea Magistrates Court and Another Admn 30-Nov-2011
The claimant solicitors challenged a decision of the respondents to transfer legal aid orders for the representation of clients to a second frm of solicitors.
Held: The court considered the various cases, finding three decisions unlawful and . .
Useful – Hamasour, Regina (on The Application of) v Secretary of State for The Home Department (Supplementary Decision Letter – Effect) UTIAC 13-Jul-2015
Immigration Judicial Review – The decision in Nash v Chelsea College of Art and Design [2001] EWHC 538 (Admin) may provide a useful tool on the issue of whether a supplementary decision letter amounts to a fresh decision, or whether it merely . .
Lists of cited by and citing cases may be incomplete.

Administrative, Education

Updated: 19 May 2022; Ref: scu.84171

Modahl v British Athletics Federation: HL 23 Jul 1999

An athlete’s governing body was not in breach of contract to a member athlete by suspending her in accordance with its rules after a positive drug test. It was accepted that the faults in the registration of the drug testing centre with another governing body were not known to the defendants, and would not directly affect the suspension under this contract.

Judges:

Lord Chancellor Lord Nicholls of Birjkenhead Lord Hoffmann Lord Clyde Lord Millett

Citations:

Times 23-Jul-1999, [1999] UKHL 37

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

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

Contract, Administrative

Updated: 19 May 2022; Ref: scu.83781

Chief Adjudication Officer and Another v Foster: HL 7 Apr 1993

The Social Security Commissioners have the jurisdiction and power to decide if a Regulation is ultra vires the powers under which it purports to have been made.
Lord Bridge said of the Social Security Commissioners: ‘My conclusion is that the commissioners have undoubted jurisdiction to determine any challenge to the vires of a provision in regulations made by the Secretary of State as being beyond the scope of the enabling power whenever it is necessary to do so in determining whether a decision under appeal was erroneous in point of law. I am pleased to reach that conclusion for two reasons First, it avoids a cumbrous duplicity of proceedings which could only add to the already overburdened list of applications for judicial review awaiting determination by the Divisional Court. Second, it is, in my view, highly desirable that when the Court of Appeal, or indeed your Lordships House, are called upon to determine an issue of the kind in question they should have the benefit of the views upon it of one or more of the commissioners who have great expertise in this somewhat esoteric area of the law’.

Judges:

Lord Bridge

Citations:

Gazette 07-Apr-1993, [1993] AC 754, [1993] 2 WLR 292, [1993] 1 All ER 705

Statutes:

Social Security Act 1975 22(4)

Cited by:

Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 19 May 2022; Ref: scu.79024

Brooks v Civil Aviation Authority and Another: IHCS 28 Jul 2000

When the Pensions Ombudsman carried out an investigation under the Act, he was entitled to act on the information already gathered, and had no obligation to undertake a new factual enquiry. The issues in this case had been litigated repeatedly, and the ombudsman had a wide discretion as to the conduct of his investigation of the complaint, and in this case his decision could not be faulted.

Citations:

Times 28-Jul-2000

Financial Services, Administrative, Scotland

Updated: 18 May 2022; Ref: scu.78678

Bavarian Lager Company Ltd v Commission of the European Communities (Supported by United Kingdom, Intervener): ECJ 10 Nov 1999

Where an opinion had been drafted in anticipation of being signed in support of a case to be brought by the Commission to enforce EC law, but the matter was settled with the member state involved before the draft report was approved and signed, the Commission was entitled to refuse to disclose the report. It was merely preparatory to the issue of a reasoned opinion.

Citations:

Times 10-Nov-1999, T-309/97, [1999] EUECJ T-309/97

Links:

Bailii

Statutes:

EC Treaty Art 226 EC

European, Administrative

Updated: 18 May 2022; Ref: scu.78292

Attorney-General v Covey; Attorney-General v Matthews: CA 19 Feb 2001

Appeals were made against orders under s42 of the 1981 Act restraining the appellants from commencing proceedings without consent of the court.
Held: The non-disclosure of a bench memorandum was the usual practice internationally, and not a breach of the litigant’s human rights. The right to present a case, did not include the right to unlimited time to present a case, and an order was appropriate in this case. It is not a necessary condition of a finding that a person is a vexatious litigant that he should sue the same people again and again. That may be the usual hallmark, but it is not essential. The right of access to the Courts has to be balanced against the need to divide court resources properly between competing requirements.

Judges:

Lord Woolf of Barnes CJ, May LJ, Jonathan Parker J

Citations:

Times 02-Mar-2001, [2001] EWCA Civ 254

Links:

Bailii

Statutes:

Supreme Court Act 1981 42(1), European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Appeal from – Attorney-General v Covey QBD 6-Oct-2000
In an application for a vexatious litigant order, the court asked whether the repetitious proceedings must be against the same defendant. Lord Justice Rose: ‘The question is whether it is a necessary prerequisite for the making of an order under . .
Cited – Attorney General v Barker Admn 16-Feb-2000
The AG sought a civil proceedings order against the respondent.
Held: Before the court can make an order under the section it must be satisfied that the statutory precondition of an order is fulfilled, namely that the person against whom the . .

Cited by:

Cited – Attorney General v Perotti Admn 10-May-2006
The respondent had been subject first to a Grepe v Loam order and then to an extended civil restraint order. The court had still faced many hopeless applications. An order was now sought that any future application for permission to appeal be heard . .
Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights

Updated: 18 May 2022; Ref: scu.77985

Bone v Mental Health Review Tribunal: 1985

Review was sought of a decision of the Mental Health Tribunal.
Held: In the specific case of Mental Health Review Tribunals, reasons for decisions must be proper, adequate and intelligible, and dealing with the substantial points raised. Judicial review was preferable to the power of a mental health review tribunal to state a case for the opinion of the High Court.

Judges:

Nolan J

Citations:

[1985] 3 All ER 330

Jurisdiction:

England and Wales

Cited by:

Cited – 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, Judicial Review

Updated: 18 May 2022; Ref: scu.442730

Fallon v Horseracing Regulatory Authority: QBD 2006

The jockey claimant challenged a decision of the defendant’s predecessor as the body responsible for regulating horse racing.
Held: Davis J said: ‘it is well established that a decision of a body such as the HRA cannot be challenged by judicial review proceedings. But it is equally well established that the High Court retains a supervisory jurisdiction over such decisions, and the approach to be adopted is essentially that which the Administrative Court would adopt in public law cases.’

Judges:

Davis J

Citations:

[2006] EWHC 2030 (QB)

Jurisdiction:

England and Wales

Contract, Administrative

Updated: 18 May 2022; Ref: scu.402642

Merricks and Another v Nott-Bower: CA 1964

The plaintiff police officers had been disciplined by transfer in 1957 as a result of a report by an officer who was subsequently discredited. After their accuser was discredited they sought a declaration that the disciplinary action taken against them had been taken contrary to natural justice.
Held: Lord Denning MR said that: ‘It is asked: what use can such declarations be at this stage, when the transfer took place six and a half years ago? What good does it do now? There can be no question of reopening the transfers . . on this point we have been referred to a number of cases which show how greatly the power to grant a declaration has been widened in recent years. If a real question is involved, which is not merely theoretical, and on which the court’s gives practical guidance, then the court in its discretion can grant a declaration.’ and ‘Such being the case made, I am not prepared to say that it is unarguable. It is a well-known principle of our law that any powers conferred by statute or regulation on an executive or administrative authority must be exercised in good faith for the purpose for which they are granted. They must not be misused or abused by being applied to an ulterior purpose. Whether that principle applies here or not, I do not say; all I do say is that, if the plaintiffs allege, as they did that this was a misuse of the power of transfer that it was used, not for the purpose of good administration and efficiency but for the motive of punishment they have an arguable case which they are entitled to have tried by the courts.’

Judges:

Lord Denning MR

Citations:

[1964] 1 All ER 717, [1965] 1 QB 57, [1965] 2 WLR 702

Cited by:

Cited – Williams v Home Office (No 2) 2-Jan-1981
The plaintiff prisoner had been transferred from ordinary prison to a special control unit which had been established at the prison as a means of containing and controlling prisoners who were considered to be troublemakers and inducing them to . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Administrative

Updated: 18 May 2022; Ref: scu.374246

The Attorney-General, At The Relation Of Freer, Thompson, Flower, Lucy, Ford, Greaves, and The Mayor, Aldermen, And Burgesses of The Borough of Stratford-Upon-Avon County of Warwick,: 17 Jul 1851

A railway company was constituted in 1846 for the purpose of making a railway from A. to B., with a diverging line to C. In June 1851 the line of railway from A. to B. was nearly completed, but no steps had been taken to construct the diverging line, An information was then filed by the Attorney-General, at the relation of certain parties claiming to be interested in the diverging line, to restrain the company from opening the line from A. to B, except with the intention of oompleting also the diverging line. Held, upon demurrer, that the neglect by the company to complete the whole line could not be regarded in the light of a public injury so as to warrant the interference of the Attorney General.

Citations:

[1851] EngR 722, (1851) 3 Mac and G 453, (1851) 42 ER 335

Links:

Commonlii

Company, Administrative

Updated: 18 May 2022; Ref: scu.297038

The King v Mitchell: 1913

The court considered the meaning of section 9 of the 1875 Act which read: ‘Where a person is accused before a Court of summary jurisdiction of any offence made punishable by this Act, and for which a penalty amounting to twenty pounds, or imprisonment, is imposed, the accused may, on appearing before the Court of summary jurisdiction, declare that he objects to being tried for such offence by a Court of summary jurisdiction, and thereupon the Court of summary jurisdiction may deal with the case in all respects as if the accused were charged with an indictable offence and not an offence punishable on summary conviction, and the offence may be prosecuted on indictment accordingly.’
Held: A declaration of objection to being tried by a Court of summary jurisdiction was duly made by a person accused of an offence made punishable by the Act who was entitled to object. Accordingly he had a right to trial by jury and that the justices were bound to give effect to his claim and had no jurisdiction to try the case.

Citations:

[1913] 1 KB 561

Statutes:

Conspiracy and Protection of Property Act 1875 9

Cited by:

Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Lists of cited by and citing cases may be incomplete.

Administrative, Magistrates

Updated: 18 May 2022; Ref: scu.272549

Regina v Secretary of State for Home Department ex parte Mellor: CA 4 Apr 2001

A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the interference with the prisoner’s rights was proportionate, a refusal to provide the additional facilities which would be necessary was not an infringement of article 12, and nor was the policy unlawful or irrational.
Lord Phillips MR said: ‘Penal sanctions are imposed, in part, to exact retribution for wrongdoing. If there were no system of penal sanctions, members of the public would be likely to take the law into their own hands. In my judgment it is legitimate to have regard to public perception when considering the characteristic of a penal system.’

Judges:

Lord Phillips MR, Peter Gibson LJ, Latham LJ

Citations:

Gazette 01-Jun-2001, Times 01-May-2001, [2001] EWCA Civ 472, [2002] QB 13, [2001] 3 WLR 533, [2001] 2 FLR 1158, (2001) 59 BMLR 1, [2001] 2 FCR 153, [2001] HRLR 38, [2001] Fam Law 736

Links:

Bailii

Statutes:

European Convention on Human Rights Art 12

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Appeal from – Regina and Secretary of State for Home Department v Gavin Mellor Admn 31-Jul-2000
. .

Cited by:

Cited – Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another Admn 19-Dec-2003
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression.
Held: Such an action by the prison authorities was not incompatible . .
Cited – Nilsen v HM Prison Full Sutton and Another CA 17-Nov-2004
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. . .
Cited – Dickson and Another v United Kingdom ECHR 18-Apr-2006
The applicants were husband and wife who wanted infertility treatment by IVF. Mr Dickson as a prisoner, and they complained that the refusal of facilities was an interference in their right to family life as a refusal to fulfil a positive . .
Cited – Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
Cited – Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department HL 30-Jul-2008
In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present . .
Cited – O’Dowd (Boy George) v National Probation Service London Admn 23-Dec-2009
Refusal of curfew relaxation was reasonable
The claimant had been released from prison early on licence subject to conditions including a home detention curfew. He was offered a place on a TV programme, Celebrity Big Brother, which would require relaxation or alteration of his place of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Administrative, Family, Prisons

Updated: 17 May 2022; Ref: scu.147496

Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995

An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above.’ After referring to changes of attitude in society towards same-sex relationships: ‘I regard the progressive development and refinement of public and professional opinion at home and abroad, here very briefly described, as an important feature of this case. A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z. Public and professional opinion are a continuum.’
Sir Thomas Bingham MR: ‘It is, inevitably, common ground that the United Kingdom’s obligation, [under article 8] binding in international law, to respect and secure compliance with this article is not one that is enforceable by domestic courts. The relevance of the Convention in the present context is as background to the complaint of irrationality. The fact that a decision-maker failed to take account of convention obligations when exercising an administrative discretion is not of itself a ground for impugning that exercise of discretion.’

Judges:

Simon Brown LJ and Curtis J

Citations:

Times 13-Jun-1995, Independent 08-Jun-1995

Statutes:

European Convention on Human Rights 8

Citing:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .

Cited by:

Appeal from – Regina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc CA 6-Nov-1995
A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more . .
Cited – Regina v Secretary of State for Home Department ex parte Turgut CA 28-Jan-2000
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European . .
Cited – Regina v Secretary of State for Home Department ex parte Turgut CA 28-Jan-2000
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European . .
Cited – Cumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi Admn 25-Oct-1996
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
Cited – Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust CA 12-Apr-2006
The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin.
Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Appeal from – Regina v Ministry of Defence ex parte Smith; ex parte Grady CA 3-Nov-1995
Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services.
Held: Where a measure affects fundamental rights or has profoundly intrusive effects, the courts will anxiously scrutinise the decision to . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Lists of cited by and citing cases may be incomplete.

Employment, Administrative, Human Rights, Discrimination, Armed Forces

Updated: 17 May 2022; Ref: scu.87365

Aparau v Iceland Frozen Foods Plc: CA 12 Nov 1999

Where a case had been remitted by the EAT to a tribunal for reconsideration in respect of matters specified by the EAT, the tribunal’s consideration was to be limited to those matters remitted. It was not open to the tribunal to consider matters outside the scope of the elements remitted. ‘The effect of an order remitting a case to a tribunal which had otherwise exhausted its jurisdiction was considered by this court in the context of arbitral proceedings in Interbulk Ltd v Aiden Shipping Co Ltd (The ‘Vimeira’ (No.1)) [1985] 2 Lloyd’s Rep. 410. Ackner L.J. pointed out that the extent to which the tribunal’s jurisdiction is revived in consequence of an order remitting the matter to it depends entirely on the scope of the remission. If, as occurred in the present case, the matter is remitted for the tribunal to consider certain specific issues, it will have no jurisdiction to hear or determine matters outside the scope of those issues and it must follow that it has no power to allow one party to amend its case to raise issues which were not previously before it. In the present case it is clear from the passages in the judgment of the Employment Appeal Tribunal to which I have already referred that remission was ordered in very limited terms simply to enable the industrial tribunal to reconsider whether Iceland’s new terms of employment had been accepted by Mrs Aparau. That being so, the tribunal did not by virtue of the remission have jurisdiction to reopen the case generally, nor did it have jurisdiction to hear or determine any argument on the part of Iceland relating to the fairness of any dismissal. Although Mr Glennie sought to persuade us to the contrary, I for my part am quite satisfied that that was not an issue which had previously been raised in the proceedings and it was certainly not within the scope of the remission.’

Judges:

Moore-Bick J, Peter Gibson, Mance LJJ

Citations:

Times 12-Nov-1999, Gazette 25-Nov-1999, Gazette 01-Dec-1999, [2000] ICR 341, [2000] IRLR 196, [1999] EWCA Civ 3047, [2000] 1 All ER 228

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Aparau v Iceland Frozen Foods Plc EAT 9-Oct-1995
. .
Cited – Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’) HL 1986
Wide Application of Costs Against Third Party
A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now . .
See Also – Aparau v Iceland Frozen Foods Plc EAT 13-Oct-1997
. .
Appeal from – Aparau v Iceland Frozen Foods Plc EAT 12-Mar-1998
. .
Lists of cited by and citing cases may be incomplete.

Employment, Administrative

Updated: 17 May 2022; Ref: scu.77830

Regina v Inner London Education Authority, ex parte Westminster City Council: 1986

A political purpose can taint an administrative decision with impropriety.

Judges:

Glidewell J

Citations:

[1986] 1 All ER 19

Cited by:

Cited – Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
Lists of cited by and citing cases may be incomplete.

Administrative, Local Government

Updated: 17 May 2022; Ref: scu.262974

Regina v Assistant Commissioner of Police of the Metropolis ex parte Howell: 1986

After twelve years a London cab driver’s licence was not renewed on medical grounds.
Held: His challenge succeeded because he had been given no opportunity to make representations about the matters said to have concerned the decision-makers. An order that the matter be reconsidered and decided afresh.

Citations:

(1986) RTR 52

Cited by:

Cited – Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago PC 12-Oct-2004
(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was . .
Lists of cited by and citing cases may be incomplete.

Administrative, Road Traffic

Updated: 17 May 2022; Ref: scu.237243

Regina v Life Assurance Unit Trust Regulatory Authority Organisation Ltd, ex parte Ross: 1993

There are circumstances where it is not possible to allow representations to be made before the decision, in which case they should be allowed afterwards.

Citations:

[1993] QB 17

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

Administrative

Updated: 16 May 2022; Ref: scu.223053

Regina v Commissioner for Local Administration ex parte Croydon London Borough Council: QBD 1989

Delay in application.
Held: The commissioner’s powers cannot depend upon whether the complaint is well founded. He could only act where a complainant did not otherwise have an action at law for a remedy.
As long as no prejudice is caused, the courts will not rely on these provisions to deprive a litigant who has behaved sensibly and reasonably of relief to which he is otherwise entitled.
Woolf LJ said: ‘ . . if the complaint was justified, the person concerned might be entitled to obtain some form of remedy in respect of the subject matter of the complaint if he had commenced proceedings within the appropriate time limits. The commissioner is not concerned to consider whether in fact the proceedings would succeed.’

Judges:

Woolf LJ

Citations:

[1989] 1 All ER 1033, [1989] COD 226, [1989] Fam Law 187

Statutes:

Local Government Act 1974

Jurisdiction:

England and Wales

Cited by:

Mentioned – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – JR55, Re Application for Judicial Review (Northern Ireland) SC 11-May-2016
The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 16 May 2022; Ref: scu.223701

Regina v Gwent County Council ex parte Bryant: 1988

The court described what was meant by consultation: ‘Fair consultation means: (a) consultation when the proposals are still at a formative stage; (b) adequate information on which to respond; (c) adequate time in which to respond; (d) conscientious consideration by an authority of the response to consultation ‘

Judges:

Hodgson J

Citations:

[1988] Crown Office Digest p 19

Jurisdiction:

England and Wales

Cited by:

Adopted – Regina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
Cited – Cable Realisations Ltd v GMB Northern EAT 29-Oct-2009
The company appealed against the upholding of the union’s claim that the company was in breach of the regulations. The company was to close its factory and decided at first to begin consultations for redundancy, but then looked for a buyer for the . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 16 May 2022; Ref: scu.200298

Regina v Commissioner for Local Administration ex parte Eastleigh Borough Council: CA 1988

Maladministration includes bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude and arbitrariness in reaching a decision or exercising a discretion, but that it has nothing to do with the intrinsic merits of the decision itself.
Lord Donaldson of Lymington MR set out the correct view of the relationship between a local authority and the Ombudsman: ‘There is the suggestion that the Council should issue a statement disputing the right of the Ombudsman to make his findings and that this would provide the Council with an adequate remedy. Such an action would wholly undermine the system of Ombudsman’s reports and would, in effect, provide for an appeal to the media against his findings. The parliamentary intention was that reports by Ombudsmen should be loyally accepted by the local authorities concerned. This is clear from Section 30, subsection 4 and subsection 5 which require the local authority to make the report available for inspection by the public and to advertise this fact, from Section 31(1) which requires the local authority to notify the Ombudsman of the action which it has taken and proposes to take in the light of his report and from Section 31(2) which entitles the Ombudsman to make a further report if the local authority’s response is not satisfactory.’

Judges:

Lord Donaldson of Lymington MR

Citations:

[1988] QB 853

Statutes:

Local Government Act 1974

Jurisdiction:

England and Wales

Cited by:

Cited – Legal and General Assurance Society Ltd v CCA Stationery Ltd ChD 12-Dec-2003
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme.
Held: Since . .
Approved – Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 7-Feb-2008
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about . .
Cited – Gallagher and Another, Regina (on The Application of) v Basildon District Council Admn 9-Nov-2010
The claimant challenged the refusal of the Council to pay compensation as recommended by the Ombudsman. The Council had gathered personal details and information of the claimants in the course of a planning dispute, and then published that . .
Lists of cited by and citing cases may be incomplete.

Administrative, Local Government

Updated: 16 May 2022; Ref: scu.188826

Ibralebbe v The Queen: PC 1964

(Grenada) In an appeal from the Court of Appeal of Grenada, the Judicial Committee of the Privy Council forms part of the Grenadian judicial system. Section 53 of the constitution which empowered Parliament to ‘make laws for the peace, order and good government’, connoted ‘the widest law-making powers appropriate to a Sovereign’

Citations:

[1964] AC 900

Cited by:

Cited – Donovan Crawford Regardless Limited Alma Crawford v Financial Institutions Services Limited PC 19-Jun-2003
PC (Jamaica) The petitioners sought leave to appeal to the Privy Council. They had an appeal as of right. They now sought special leave, complaining that the Court in Jamaca had granted leave subject to them . .
Cited – Haroon Khan v The State PC 20-Nov-2003
PC (Trinidad and Tobago) The appellant had been convicted of felony murder. He was one of four engaged in a robbery, where the victim received fatal injuries.
Held: The felony murder rule had been . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional

Updated: 16 May 2022; Ref: scu.184494

Regina v Jockey Club ex parte R A M Racecourses Ltd: 1993

For there to be a breach of procedural fairness giving rise to a legitimate expectation, there must be shown ‘a clear and unambiguus representation.’

Judges:

Stuart Smith LJ

Citations:

[1993] 2 All ER 225

Jurisdiction:

England and Wales

Cited by:

Cited – Cowl and others v Plymouth City Council Admn 14-Sep-2001
The applicants were residents of a nursing home run by the respondents, and sought judicial review of the decision to close it. Before making the decision, the council consulted the residents and concluded that none had been offered a ‘home for . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 16 May 2022; Ref: scu.183099

Wordie Property Co Limited v Secretary of State for Scotland: 1984

To demonstrate an error of law in a decision, the petitioner is required to show that the decision maker had failed to take into account a consideration which was both relevant and material.

Judges:

Lord President Emslie

Citations:

1984 SLT 345

Jurisdiction:

Scotland

Cited by:

Cited – Mohammadi v Advocate General Scotland HCJ 2-May-2003
The applicant had claimed asylum. His claim had been rejected and an order made for repatriation to Iran. His appeal was lodged two days out of time. He appealed its rejection. The solicitors accepted full responsibility for the delay.
Held: . .
Cited – Land Securities Group Plc v Scottish Ministers and others HL 25-Oct-2006
Objection had been made to a proposed shopping centre on the site of the former Ravenscraig steel mills, saying that it would provide excess capacity and went against the policy that priority should be given to permissions for town centres. The plan . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 16 May 2022; Ref: scu.181862

Rex v Port of London Authority Ex parte Kynoch Ltd: CA 1919

Bankes LJ said: ‘There are on the one hand cases where a tribunal in the honest exercise of its discretion has adopted a policy, and, without refusing to hear an applicant, intimates to him what its policy is, and that after hearing him it will in accordance with its policy decide against him, unless there is something exceptional in his case. I think counsel for the applicants would admit that, if the policy has been adopted for reasons which the tribunal may legitimately entertain, no objection could be taken to such a course. On the other hand there are cases where a tribunal has passed a rule, or come to a determination, not to hear any application of a particular character by whomsoever made. There is a wide distinction to be drawn between these two classes.’

Judges:

Bankes LJ

Citations:

[1919] 1 KB 176

Cited by:

Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Cited – Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 16 May 2022; Ref: scu.551695

Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others: QBD 4 Oct 1994

Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation.

Citations:

Independent 04-Oct-1994

Jurisdiction:

England and Wales

Citing:

Appealed to – Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others CA 20-Oct-1995
The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules. . .

Cited by:

Appeal from – Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others CA 20-Oct-1995
The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Environment

Updated: 16 May 2022; Ref: scu.87952

Rex v Port of London Authority: 1919

A tribunal may, in the honest exercise of its discretion, adopt a policy, and announce it to those concerned, so long as it is ready to listen to reasons why, in an exceptional case, that policy should not be applied.

Judges:

Lord Justice Bankes

Citations:

[1919] 1 QB 184

Cited by:

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

Administrative

Updated: 15 May 2022; Ref: scu.516248

Kaplan v United Kingdom: ECHR 14 Dec 1978

(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper person to be a controller of the company. He had misstated the value of the company’s assets. The director claimed that the matters in issue should, under Article 6(1) of the Convention, have been decided by a court, and not by the Secretary of State. The respondent said that the action was inadmissible, the applicant not yet having exhausted his court remedies.
Held: The application was admissible. The jurisdiction of the courts cannot be removed altogether or limited beyond a certain point, but administrative decisions do not generally attract the full judicial model type of review: ‘an interpretation of Article 6(1) under which it was held to provide a right to a full appeal on the merits of every administrative decision . . would therefore lead to a result which was inconsistent with the existing and longstanding legal position in most of the Contracting States.
To avoid that consequence, the principle that has evolved in the Strasbourg Court is that decision-making in administrative cases according to the strict judicial model is not required in all cases. This has been achieved in several ways, and the path to a settled position is still being trod.’ and
‘it is a feature of the administrative law of all the contracting states that in numerous different fields public authorities are empowered by law to take various forms of action impinging on the private rights of citizens.’
‘It is plain from the text of Article 6(1) that it does not directly protect the individual’s ‘civil rights’ as such against acts or decisions which modify, annul or otherwise interfere with them. In many circumstances the private rights of an individual are liable to be affected not only by the lawful acts of public authorities but also by those of other individuals or entities exercising counter-vailing private rights of their own, and indeed by circumstances of a purely factual nature such as the effluxion of time. The mere fact that an individual’s private rights are adversely affected by the acts of another party, whether a public authority or not, does not therefore involve a violation of Article 6(1).
. . The Commission has held that where Article 6(1) applies to an administrative process, it may be sufficient that a court procedure is available at some stage after the initial administration decision. It has left open the question whether Article 6(1) would apply both to the administrative and the judicial part of restitution proceedings in the Federal Republic of Germany, or whether it covers only the proceedings in court. It recalls that it is also held that proceedings concerning the registration of patients fall outside the scope of Article 6(1) on the ground that this is an ‘essentially administrative’ matter.
154. In the Commission’s view the essential role of Article 6(1) in this sphere is to lay down guarantees concerning the mode in which claims or disputes concerning legal rights and obligations (of a ‘civil’ character) are to be resolved. A distinction must be drawn between the acts of a body which is engaged in the resolution of such a claim or dispute and the acts of an administrative or other body purporting merely to exercise or apply a legal power vested in it and not to resolve a legal claim or dispute. Article 6(1) would not, in the Commission’s opinion apply, to the acts of the latter even if they do affect ‘civil rights’. It could not be considered as being engaged in a process of ‘determination’ of civil rights and obligations. Its function would not be to decide (‘decidera’) on a claim, dispute or ‘contestation’. Its acts may, on the other hand, give rise to a claim, dispute or ‘contestation’ and Article 6 may come into play in that way.
155. As to the present case, the Commission notes that the Secretary of State was not engaged in the resolution of a dispute between parties concerning civil rights. He proposed to take action affecting (as the Commission has found) the company’s private rights. He considered the objections put forward and then acted. He took action in the exercise of his legal powers which affected ‘civil rights’ but was not engaged in the ‘determination’ of a dispute or a ‘contestation’ concerning civil rights and obligations. In the Commission’s opinion, the procedures leading to the finding of unfitness against the applicant and the imposition of restrictions on IGA did not therefore themselves have to comply with Article 6(1). The fact that the relevant decisions were not taken by a tribunal after a fair and public hearing does not therefore involve a breach of this provision.’

Citations:

(1980) 4 EHRR 64, 7598/76

Links:

LIP

Statutes:

European Convention on Human Rights 6.1, Insurance Companies Act 1974

Citing:

Cited – Engel And Others v The Netherlands (1) ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .

Cited by:

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 – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
Cited – O’Sullivan, Re Application for Judicial Review QBNI 4-May-2001
. .
Cited – Foster, Re Application for Judicial Review QBNI 9-Jan-2004
. .
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 – K, Regina (on the application of) v Secretary of State for Work and Pensions Admn 16-May-2003
. .
Cited – Hallam, Re Petition for Judicial Review OHCS 15-Jul-2005
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Administrative

Updated: 15 May 2022; Ref: scu.447482

Regina v Secretary of State for Social Services ex parte Hooker: CA 1983

The plaintiff sought to challenge the policy of the respondent which prevented the issue of a new National Insurance (NI) number on completion of gender re-assignment surgery. She now appealed against denial of her claim.
Held: The policy was lawful.
McCowan LJ said: ‘since it will not make the slightest practical difference, far from the Secretary of State’s decision being an irrational one, I consider it a perfectly rational decision. I would further reject the suggestion that the applicant had a legitimate expectation that a new number would be given to her for psychological purposes when, in fact, its practical effect would be nil.’

Judges:

McCowan LJ

Citations:

1993 (Unreported)

Statutes:

Social Security Administration Act 1992 123

Cited by:

Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 15 May 2022; Ref: scu.417702

Regina v Secretary of State for Trade ex parte Perestrello: 1981

When an investigating body is acting in a policing role, looking into whether suspicions of wrongdoing are justified by what they find, ‘it is wholly inappropriate for the case to be approached in the same way as one would approach a person performing a normal judicial role or quasi-judicial role; a situation where the person is making a determination.’ An investigating body must act in good faith and not for any ulterior purpose.

Judges:

Woolf J

Citations:

[1981] 1 QB 19

Jurisdiction:

England and Wales

Cited by:

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

Administrative

Updated: 15 May 2022; Ref: scu.346906

Sheffield and Horsham v The United Kingdom: ECHR 30 Jul 1998

It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom’s apparent failure to take any steps to keep this area of the law under review. There is, the court said, an increased social acceptance of trans-sexualism and an increased recognition of the problems which post-operative transsexual people encounter. The court reiterated that this area ‘needs to be kept under review by Contracting States’
Hudoc No violation of Art. 8; No violation of Art. 12; No violation of Art. 14+8; Not necessary to examine Art. 13

Citations:

Times 04-Sep-1998, 22985/93, 23390/94, (1998) 27 EHRR 163, [1998] ECHR 69

Links:

Worldlii

Statutes:

European Convention on Human Rights Art 8, 12

Jurisdiction:

Human Rights

Citing:

Cited – Cossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
Cited – Rees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
Cited – Corbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .

Cited by:

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 – Stott (Procurator Fiscal, Dunfermline) and Another v Brown PC 5-Dec-2000
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right . .
Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Cited – Grant v The Queen PC 16-Jan-2006
(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family, Administrative

Updated: 15 May 2022; Ref: scu.165644

Emesa Sugar (Free Zone) Nv v Aruba Case C-17/98: ECJ 29 Feb 2000

It was not open to a party to a case before the European Court of Justice to seek opportunity to make written representations on opinions submitted to the Court by the Advocate General. Opinions of the Court of Human Rights that a party should have opportunity to see and comment upon all matters put before a tribunal were not applicable in this case. The role of the Advocates General was not to act in a partisan manner, and their views were given in a quasi-judicial capacity.

Citations:

Times 29-Feb-2000

Jurisdiction:

European

European, Administrative, Human Rights

Updated: 15 May 2022; Ref: scu.80310

Commissioners of Customs and Excise v Ray: ChD 14 Jun 2000

The decision to refuse a retrospective licence for the importation of antique ivory, was one for the Department of Environment Transport and the Regions, and not one for the Commissioners of Customs and Excise. An appeal against a refusal could not therefore lie to the VAT Tribunal, even though they had been seized by the Commissioners.

Citations:

Times 14-Jun-2000, Gazette 22-Jun-2000

Statutes:

Commission Regulation EC/939/97 (OJ 1997 LI40/9) Art 8(3)

Jurisdiction:

England and Wales

Environment, Administrative, Customs and Excise

Updated: 15 May 2022; Ref: scu.79395

Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others: HL 25 May 1995

There had been an application in 1986 for planning permission for a shopping centre in Trafford. There were two public enquiries, followed, as public policy changed by further representations. The plaintiff complained that the eventual decision letter was defective in failing to deal with issues of urban regeneration, and with reservation of areas for industrial use.
Held: The Secretary of State had to state his reasons ‘in sufficient detail to enable the reader to know what conclusion he had reached on the principal important controversial issues. To require him to refer to every material consideration, however insignificant, and to deal with every argument, however peripheral would be to impose and unjustifiable burden.’ In this case, though the decision letter was open to criticism, it had achieved the necessary standard and stood.
Lord Lloyd said: ‘In all questions to do with costs, the fundamental rule is that there are no rules. Costs are always in the discretion of the court, and a practice, however widespread and longstanding, must never be allowed to harden into a rule.’

Judges:

Lord Goff of Chievley, Lord Mustill, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Steyn

Citations:

Times 25-May-1995, Ind Summary 10-Jul-1995, (1995) 71 P and CR 309, (1995) 1 WLR 1176

Jurisdiction:

England and Wales

Citing:

See also – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others No 2 HL 17-Jul-1995
The applicants had been successful in their appeal against a refusal of planning permission. The Secretary of State had awarded himself and the applicants their costs against the Council. The Council asked the House to give guidance on the . .
Appeal from – Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others CA 4-Aug-1994
A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind. . .
Cited – Hope v Secretary of State for the Environment 1975
. .

Cited by:

See also – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others No 2 HL 17-Jul-1995
The applicants had been successful in their appeal against a refusal of planning permission. The Secretary of State had awarded himself and the applicants their costs against the Council. The Council asked the House to give guidance on the . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Lists of cited by and citing cases may be incomplete.

Planning, Costs, Administrative

Updated: 15 May 2022; Ref: scu.78475

Regina v General Council of the Bar ex parte Percival: 1991

The Bar Council was amenable to judicial review for an alleged failure to comply with its own Professional Conduct Committee Rules (annexed to the Code of Conduct for the Bar of England and Wales) even though neither the Code of Conduct nor the Professional Conduct Committee Rules had any statutory underpinning.

Citations:

[1991] 1 QB 212

Cited by:

Cited – Rutter, Regina (on the Application of) v The General Teaching Council for England Admn 1-Feb-2008
The applicant challenged a decision of disciplinary committee to go ahead with an allegation of misconduct after considerable delay by council and failure to abide by its own rules. After not receiving a notice of proceedings the applicant had . .
Lists of cited by and citing cases may be incomplete.

Administrative, Legal Professions

Updated: 15 May 2022; Ref: scu.266117

Rayner v Stepney Corporation: 1911

Citations:

[1911] 2 Ch 312

Cited by:

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

Administrative

Updated: 14 May 2022; Ref: scu.258740

James v Secretary of State for Wales: HL 1968

The land-owner increased the number of caravans on his land. The planning authority alleged there had been a change of use, and issued an enforcement notice. The land-owner challenged its validity.
Held: A decision granting or refusing permission after the expiry of the period is valid and effective.

Citations:

[1968] AC 409, [1967] 1 WLR 171

Jurisdiction:

England and Wales

Citing:

At First Instance – James v Secretary of State for Wales QBD 1965
The defendant challenged the validity of a planning enforcement notice served after he had increased the number of caravans on his site. The Secretary of State said it amounted to a change of use. . .
Appeal from – James v Secretary of State for Wales CA 1966
The planning authority served an enforcement notice after the land owner increased the number of caravans on his land. The court considered the validity of the enforcement notice. Lord Denning said: ‘It was said on behalf of the appellant that the . .

Cited by:

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

Administrative, Planning

Updated: 14 May 2022; Ref: scu.258742

Regina v Henderson: CACD 1992

The British authorities had, over a period of time, failed to enforce restrictions on the export of military equipment to Iraq and had known that such material was being exported to Iraq via Jordan. The prosecution of the defendant for breach of the regulations collapsed rather than have papers disclosed to the court. Ministers had signed public interest immunity certificates which, if accepted by the trial court, would have prevented disclosure of the equivocal role which the authorities had played.

Citations:

Unreported, November 1992

Jurisdiction:

England and Wales

Crime, Administrative

Updated: 14 May 2022; Ref: scu.241358

Cavanagh, Bhatt, Redmond v The Health Service Commissione: Admn 2004

Mr Redmond had complained to the Health Sevices Comissioner about the treatment of his daughter at a hospital. She had been referred for specialist treatment, but the unit had been closed down, and she was left untreated. The Commissioner had reported about the closure of the unit and had also made adverse comments about the doctors involved. Mr Redmond and the doctors sought judicial review of the Commissioner’s report.
Held: The grounds fell under three main heads: that the inquiry had exceeded the Commissioner’s powers; that it had been conducted unfairly; and that some of its conclusions were untenable. Henriques J rejected the first two in their entirety. In relation to the third he held that two of the Commissioner’s findings against Dr Cavanagh did not stand up, but apart from quashing these he dismissed the applications.

Judges:

Henriques J

Citations:

[2004] EWHC 1847 (Admin

Statutes:

Health Service Commissioners Act 1993

Jurisdiction:

England and Wales

Cited by:

Appeal from – Nicholas Cavanagh Raymond Bhatt Frank Redmond v The Health Service Commissioner CA 15-Dec-2005
A parent had complained about the closure of a hospital unit which led to his daughter not receiving treatment. The Commissioner in her report commented adversely on the doctors involved. Both doctors and the parent sought judicial review of the . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative

Updated: 14 May 2022; Ref: scu.237700

Regina v Hillingdon Health Authority ex parte Goodwin: 1984

Woolf J said: ‘Whenever there has to be consultation, there has to be an indication of what there is to be consultation about; and, although an authority must enter into the consultation without a closed mind, it seems to me that there is nothing objectionable in the authority having decided on a course it would seek to adopt, if after consultation it decided that that is the proper course to adopt.’

Judges:

Woolf J

Citations:

[1984] ICR 800

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Worcestershire Health Council (Arising From the Complaint of Kidderminster and District Community Health Council) CA 28-May-1999
The respondent had planned to downgrade a local hospital, closing the accident and emergency department. This was a renewed application for leave to seek judicial review of the plan. The health authority initially developed and had before them seven . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 14 May 2022; Ref: scu.224899

Wheeler v Leicester City Council: 1985

The court considered whether it could enquire as to whether one reason for a decision of the respondent was that it could be used as a cloak to disguise an improper ulterior motive.

Citations:

[1985] AC 1054

Cited by:

Cited – North Cyprus Tourism Centre Ltd and Another, Regina (on the Application Of) v Transport for London Admn 28-Jul-2005
The defendants had prevented the claimants from advertising their services in North Cyprus on their buses, and justified this saying that the Crown did not recognise the Turkish Republic of North Cyprus since it was the result of an unlawful . .
Cited – North Cyprus Tourism Centre Ltd and Another, Regina (on the Application Of) v Transport for London Admn 28-Jul-2005
The defendants had prevented the claimants from advertising their services in North Cyprus on their buses, and justified this saying that the Crown did not recognise the Turkish Republic of North Cyprus since it was the result of an unlawful . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 13 May 2022; Ref: scu.230017

Solomon v Solomon: 1912

(Australia – New South Wales) The fact that a party’s residence in New South Wales was unlawful, prevented the acquisition of a domicile of choice there. ‘It is a curious proposition that a Court of Justice in New South Wales should hold that a man has acquired a domicile in New South Wales when the laws of the land forbid that man to be here.’ The man’s Australian wife was unable to obtain a divorce from her husband, then in prison for rape, because he was a South Sea Islander who had come to and remained in Australia in defiance of laws which prohibited South Sea Islanders from doing so, and indeed had been on his way to be deported when he committed the offence for which he was then in prison.

Judges:

Gordon J

Citations:

(1912) 29 WN(NSW) 68

Jurisdiction:

Australia

Cited by:

Cited – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Not persuasive – Jablonowski v Jablonowski 1972
(Ontario High Court) The petitioner had met both the residence and animus requirements despite having entered Canada illegally. . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 13 May 2022; Ref: scu.228179

Roberts v Hopwood: HL 1925

The district auditor for Poplar Council had surcharged council members for making payments of a minimum wage of andpound;4 a week to their lowest grade of workers. This was notwithstanding that the cost of living had fallen during the year from 176% to 82% above its pre-First World War level. The council was motivated by the belief that it ought to act as a model employer towards its employees. The sum was fixed not by reference to any of the factors which go to determine a scale of wages, but by reference to some other principle altogether.
Held: The surcharge was upheld. The councillors had not fixed on the sum as wages at all and had acted unreasonably. In fixing andpound;4 they had fixed it by reference to a matter which they ought not to have taken into account and to the exclusion of those elements which they ought to have taken into consideration in fixing a sum which could fairly be called a wage.
Lord Atkinson said: ‘The council would . . fail in their duty if, in administering funds which did not belong to their members alone, they put aside all these aids to the ascertainment of what was just and reasonable remuneration to give for the services rendered to them, and allowed themselves to be guided in preference by some eccentric principles of socialistic philanthropy, or by a feminist ambition to secure equality of the sexes in the matter of wages in the world of labour.’
and ‘A body charged with the administration for definite purposes of funds contributed in whole or in part by persons other than the members of that body, owes . . a duty to those latter persons to conduct that administration in a fairly businesslike manner with reasonable care, skill and caution, and a due and alert regard to the interests of those contributors who are not members of the body. Towards these latter persons the body stands somewhat in the position of trustees or managers of the property of others.’
Acts done ‘in flagrant violation’ of the duty should be held to have been done ‘contrary to law’ within the meaning of the governing statute.
Lord Sumner stated that if it was found that the councillors’ ‘evil minds had missed their mark, and the expenditure itself was right, then the expenditure itself would not be contrary to law’. He went on to say that for administrative bodies to act in good faith, they must put ‘their minds to the comprehension and their wills to the discharge of their duty.’
Lord Wrenbury said: ‘A person in whom is vested a discretion must exercise his discretion upon reasonable grounds. A discretion does not empower a man to do what he likes merely because he is minded to do so – he must in the exercise of his discretion do not what he likes but what he ought. In other words, he must, by use of his reason, ascertain and follow the course which reason directs.’

Judges:

Lord Atkinson, Lord Sumner, Lord Wrenbury

Citations:

[1925] AC 578, [1925] All ER 24

Cited by:

Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Applied – Hinckley and Bosworth Borough Council v Shaw QBD 2000
Two senior and long term employees of the Council proposed voluntary early redundancy. After discussions, their contracts were varied with enhanced pay so that they would also have enhanced pensions and redundancy payments. Such enhancing agreements . .
Lists of cited by and citing cases may be incomplete.

Local Government, Administrative

Updated: 13 May 2022; Ref: scu.224436

Rex v Moreley, Rex v Osborne, Rex v Reeve, Rex v Norris: 1760

The Conventicle Act said ‘that no other court whatsoever shall intermeddle with any cause or causes of appeal upon this Act: but they shall be finally determined in the quarter sessions only.’
Held: Certiorari was nevertheless ordered: ‘The jurisdiction of this court is not taken away, unless there be express words to take it away: this is a point settled.’

Judges:

Mansfield L

Citations:

(1760) 2 Burr 1040

Cited by:

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

Administrative

Updated: 13 May 2022; Ref: scu.222192

Three Rivers District Council v Bank of England: ComC 8 Jan 1996

Citations:

Times 08-Jan-1996

Jurisdiction:

England and Wales

Citing:

See Also – Three Rivers District Council v Bank of England QBD 22-Apr-1996
In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in . .

Cited by:

See Also – Three Rivers District Council v Bank of England QBD 22-Apr-1996
In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 13 May 2022; Ref: scu.220789

MP, Regina (on The Application of) v Secretary of State for Health and Social Care: CA 3 Dec 2020

Challenge to method of imposition of fees for health care for overseas visitor.
Held: No legitimate expectation of consultation had been created.

Judges:

Lord Justice Newey

Citations:

[2020] EWCA Civ 1634

Links:

Bailii

Jurisdiction:

England and Wales

Health, Benefits, Administrative

Updated: 13 May 2022; Ref: scu.656655

Jones v Department of Employment: CA 1989

The claimant said the respondent adjudication officer had been negligent in assessing and rejecting his claim for benefits, which had later been allowed on appeal. The officer claimed he was exercising a judicial office and was immune from action. He appealed refusal of his strike out claim, and added that he had no duty of care.
Held: The officer exercised an administrative, not a judicial function, and so had no immunity. However his duties were of a public law nature, and no common law duty of care to the claimant arose.

Citations:

[1989] QB 1, [1988] 2 WLR 493

Statutes:

Crown Proceedings Act 1947 2(5), Social Security Act 1975 117(1)

Jurisdiction:

England and Wales

Citing:

Cited – Peabody Donation Fund v Sir Lindsay Parkinson and Co Ltd HL 18-Oct-1983
Architects proposed a system of flexible drains for a site, but the contractors persuaded them to accept rigid drains which once laid proved inadequate at considerable cost. The local authority had permitted the departure from the plans.
Held: . .
Cited – Yuen Kun-Yeu v Attorney-General of Hong Kong PC 1987
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the . .
Lists of cited by and citing cases may be incomplete.

Negligence, Administrative

Updated: 12 May 2022; Ref: scu.189981

Regina v Liverpool Corporation ex parte Liverpool Taxi Fleet Operators Association: CA 1972

A number of taxi cab owners challenged a decision of the Council to increase the numbers of hackney cabs operating in the city. At a public meeting with the council prior to the decision, the chairman had given a public undertaking that the numbers of hackney cabs would not be increased until the proposed legislation, which included provisions for controlling private hire vehicles, had been enacted by Parliament.
Held: (Majority) On account of this public representation, the applicants were ‘justifiably aggrieved’ by the council’s subsequent unfair conduct. Lord Denning obiter: Even in the absence of such a public undertaking, the applicants would have had a right to be consulted: ‘It is perhaps putting it a little high to say that they [Liverpool Corporation] are exercising judicial functions. They may be said to be exercising an administrative function. But even so, in our modern approach, they must act fairly: and the Court will see that they do so.
To apply that principle here; suppose the corporation proposed to reduce the number of taxicabs from 300 to 200, it would be their duty to hear the taxicab owners’ association: because their members would be greatly affected. They would certainly be persons aggrieved. Likewise suppose the corporation propose to increase the number of taxicabs from 300 to 350 or 400 or more it is the duty of the corporation to hear those affected before coming to a decision adverse to their interests.’ Lord Roskill and Sir Gordon Willmer emphasised the unequivocal public undertaking given by the Respondents. Roskill L.J.: ‘It has been said that the council and its relevant committee and sub-committee were never under any duty to hear any representations from the Applicants. That may or may not be correct. In the light of what has happened, I do not think it necessary to express any opinion upon that question…It seems to me to allow the council to resile from that undertaking without notice to and representations from the Applicants is to condone unfairness in a case where the duty was to act fairly.’ Sir Gordon Willmer: ‘It seems to me that in these very special circumstances, having regard to the history of how this matter had been dealt with in the past, and having regard especially to the giving of the undertaking, the Applicants are justified in regarding themselves as ‘aggrieved’ by what I can only describe as unfair treatment on the part of Liverpool Corporation.’ An explicit representation had been made and relied upon. A legitimate expectation had been created.

Judges:

Lord Denning, Lord Roskill and Sir Gordon Willmer

Citations:

[1972] 2 QB 299, [1972] 2 All ER 589, [1972] 2 WLR 1262

Jurisdiction:

England and Wales

Citing:

Cited – Birkdale District Electric Supply Co. Ltd v The Corporation of Southport 1926
The appellants, having bound themselves not to exercise their discretion in the raising of electricity prices, were held not to have incompetently fettered their discretion, bearing in mind the commercial purposes for which the discretion was . .

Cited by:

Cited – Attorney General of Hong Kong v Ng Yuen Shiu PC 21-Feb-1983
An illegal entrant into Hong Kong claimed that he was entitled by a legitimate expectation to a hearing before a deportation order might be made against him, there having been an announcement that persons in the respondent’s position would be . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Bates v Lord Hailsham of St Marylebone ChD 1972
A solicitor applied to the court ex parte to restrain a committee acting under delegated powers from making an order changing the basis of charging for conveyancing on the ground that the committee was obliged to allow more time for consultation and . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 12 May 2022; Ref: scu.187439

Young v Waller: 1898

A legislature or (subject to any relevant legislation) a government may abolish a public office in the interests of good administration.

Citations:

[1898] AC 661

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

Administrative

Updated: 12 May 2022; Ref: scu.186585

Tamlin v Hannaford: CA 1950

Discussing the Brtitish Transport Commission, Denning LJ said: ‘It is not the Crown and has none of the immunities or privileges of the Crown. Its servants are not civil servants, and its property is not Crown property. It is as much bound by Acts of Parliament as any other subject of the King. It is, of course, a public authority and its purposes, no doubt, are public purposes, but it is not a government department nor do its powers fall within the province of government.’ The court contrasted ‘commercial matters’ with those which were ‘essentially the province of government’, although it recognised that historically the carriage of mail had enjoyed a special position.

Judges:

Denning LJ

Citations:

[1950] 1 KB 18

Jurisdiction:

England and Wales

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

Administrative, Company

Updated: 12 May 2022; Ref: scu.186582

Zadari v Secretary of State: Admn 2001

In exercising his discretion on whether to transmit requested information to a foreign government, the respondent had to weigh all competing interests to safeguard against an abuse of the international mutual assistance process by foreign governments

Citations:

[2001] EWHC Admn 275

Jurisdiction:

England and Wales

Cited by:

Cited – Abacha, Bagudu v The Secretary of State for the Home Department, The Federal Republic of Nigeria Interested Party Admn 18-Oct-2001
Attempts were being made by the Federal Government of Nigeria to recover moneys alleged to have been taken fraudulently from the state. They sought assistance from the UK, and the claimants sought details of that request. The statute provided that . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 12 May 2022; Ref: scu.180514

Attorney-General v Able and Others: QBD 28 Apr 1983

The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing suicide. The stated aim of the booklet was to help readers overcome the fear of dying.
Held: The offence would be committed only in the particular circumstances of the booklet being supplied to a particular individual considering suicide and with the intent of assisting or encouraging him. The offence was not committed by the general distribution of the booklet. However the court should also be reluctant to make declarations in advance as to the legality or otherwise of particular acts. That risked usurping the function of the court which considered a particular set of circumstances.

Judges:

Woolf LJ

Citations:

[1983] 3 WLR 845, [1984] 1 QB 795, [1984] 1 All ER 277

Links:

lip

Statutes:

Suicide Act 1961 2(1)

Citing:

Cited – Imperial Tobacco Ltd v Attorney-General HL 1980
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme.
Held: It was not necessary to decide whether a declaration as to the criminality or otherwise . .
Cited – Attorney-General v Bastow 1957
The case involved an attempt by a local authority to enforce planning control by a relator action requiring the removal of caravans on land in breach of planning control. The use of the service of stop notices, are supported by the power of the . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .

Cited by:

Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Cited – I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party) Admn 21-Jul-2003
The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to . .
Cited – Rusbridger and Another v Attorney General CA 20-Mar-2002
The paper wanted to publish an article about the monarchy but was concerened that it might lead to it being prosecuted under the 1848 Act. The complainant sought declarations as to the incompatibility of the 1848 Act with the 1998 Act.
Held: . .
Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Regina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Cited – Jogee and Ruddock (Jamaica) v The Queen SC 18-Feb-2016
Joint Enterprise Murder
(and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had . .
Lists of cited by and citing cases may be incomplete.

Crime, Administrative, Criminal Practice, Media

Updated: 12 May 2022; Ref: scu.174704

Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales: CA 20 Jan 2000

Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on protected tenants of decisions which would lead to rent increases.

Citations:

Times 15-Feb-2000

Statutes:

Rent Acts (Maximum Fair Rent) Order 1999 (1999 No 6)

Jurisdiction:

England and Wales

Citing:

Appealed to – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Appeal from – Ex parte Motion Spath Holme Limited Admn 16-Mar-1999
The respondent had made an order with regard to the calculation of fair rents. The claimant challenged the order.
Held: There were social and economic arguments, and a very difficult balancing exercise had to be carried out in the light of the . .
Cited – Metropolitan Properties v Finegold CA 1975
The rental values of a block of flats were increased because of the presence nearby of an American school; the case turned on the equivalent provisions in the Rent Act 1968 to section 70(1) in the 1977 Act.
Held: One must have regard to the . .
Cited – Tormes Ltd v Landau 1971
. .
Cited – Mountview Court Properties v Devlin 1970
. .

Cited by:

Appeal from – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing, Administrative

Updated: 11 May 2022; Ref: scu.135994

Van der Wal (supported by Kingdom of the Netherlands, Intervener) v Commission of the European Communities Joined Cases C-174/98P and C-189/98P: CA 22 Feb 2000

When a national court sought assistance from the European Commission by way of opinions in deciding proceedings before that national court, the advice given was not to be held confidential from third parties simply on the basis that it was prepared for legal proceedings. Instead it had to ask the requesting court to state whether or not disclosure would breach national law. The public interest exemption from disclosure was not so wide or simple.

Citations:

Times 22-Feb-2000

Jurisdiction:

England and Wales

European, Administrative

Updated: 11 May 2022; Ref: scu.90120

Fletcher v Minister of Town and Country Planning: 1947

A local authority being consulted about the government’s proposed designation of Stevenage as a ‘new town’ would be likely to be able to respond satisfactorily to a presentation of less specificity than would members of the public, particularly perhaps the economically disadvantaged.

Citations:

[1947] 2 All ER 496

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.

Planning, Administrative

Updated: 11 May 2022; Ref: scu.553777

Regina v Race Relations Board, Ex parte Selvarajan: CA 1975

Lord Denning MR said: ‘In recent years we have had to consider the procedure of many bodies who are required to make an investigation and form an opinion . . In all these cases it has been held that the investigating body is under a duty to act fairly: but that which fairness requires depends upon the nature of the investigation and the consequences which it may have on persons affected by it. The fundamental rule is that, if a person may be subjected to pains or penalties, or be exposed to prosecution or proceedings, or deprived of remedies or redress, or in some such way adversely afflicted by the investigation and report, then he should be told the case made against him and be afforded a fair opportunity of answering it. The investigating body is, however, the master of its own procedure. It need not hold a hearing. It can do everything in writing. It need not allow lawyers. It need not put every detail of the case against a man. Suffice it if the broad grounds are given. It need not name its informants. It can give the substance only. Moreover, it need not do everything itself. It can employ secretaries and assistants to do all the preliminary work and leave much to them. But, in the end, the investigating body itself must come to its own decision and make its own report.’

Judges:

Lord Denning MR

Citations:

[1975] 1 WLR 1686, [1976] 1 All ER 12

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Army Board of Defence Council, ex parte Anderson QBD 1991
Members of the Armed Forces who alleged discrimination did not have access to Industrial Tribunals. The only recourse was to make a service complaint which would then be considered by the Army Board. Anderson complained of race discrimination. His . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Administrative

Updated: 11 May 2022; Ref: scu.539818

Regina v Broadcasting Complaints Commissioner, Ex parte Owen: CA 1985

May LJ said: ‘Where the reasons given by a statutory body for taking or not taking a particular course of action are not mixed and can clearly be disentangled, but where the court is quite satisfied that even though one reason may be bad in law, nevertheless the statutory body would have reached precisely the same decision on the other valid reasons, then this court will not interfere by way of judicial review.’

Judges:

May LJ

Citations:

[1985] QB 1153

Cited by:

Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Lists of cited by and citing cases may be incomplete.

Media, Administrative

Updated: 11 May 2022; Ref: scu.431212

Nakkuda Ali v M F De S Jayaratne: PC 1951

(Ceylon) The section provided that ‘where the Controller has reasonable grounds to believe that any dealer is unfit to be allowed to continue as a dealer’ the Controller could exercise power to cancel the dealer’s licence given to him by the relevant Regulations in force in Ceylon.
Held: The words must be construed to mean that there must in fact exist reasonable grounds, known to the Controller, before he could validly exercise the power.
Liversidge v Anderson should be regarded as an authority for the meaning of that phrase in the particular regulation considered alone. Lord Radcliffe said ‘Their Lordships therefore treat the words in regulation 62 . . as imposing a condition that there must in fact exist such reasonable grounds, known to the Controller, before he can validly exercise the power of cancellation.’ and ‘It is not difficult to think of circumstances in which the Controller might in the ordinary sense of the words, have reasonable grounds of belief without having ever confronted the licence holder with the information which is the source of his belief. It is a long step in the argument to say that because a man is enjoined that he must not take action unless he has reasonable ground for believing something he can only arrive at that belief by a course of conduct analogous to the judicial process . . In truth when he cancels a licence he is not determining a question; he is taking executive action to withdraw a privilege because he believes, and has reasonable grounds to believe that the holder is unfit to retain it.’amlet

Judges:

Lord Radcliffe

Citations:

[1951] AC 66

Statutes:

Defence (Control of Textiles) Regulations 1945 62

Citing:

Dissenting Judgment applied – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .

Cited by:

Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Administrative

Updated: 11 May 2022; Ref: scu.416368

Regina v Secretary of State for the Home Department ex parte Ahmed and Others: CA 15 Oct 1998

There should be no difference between the exercise of a prerogative or of a statutory discretion when the Home Secretary allowed for an International Treaty which was not incorporated into English law.

Citations:

Times 15-Oct-1998

Statutes:

European Convention on Human Rights 1950 (Cmnd) 8969)

Jurisdiction:

England and Wales

Administrative

Updated: 11 May 2022; Ref: scu.87831

Regina v Darling (Wreck Commissioner) Ex Parte Swan Hunter Shipbuilders Ltd; Similar: QBD 8 Jan 1992

No costs order should normally be made in favour of the relatives of the deceased seamen, following an enquiry by the Wreck Commissioner, save only in cases of hardship. The responsibility for ship safety is a matter of proper concern to ship-builders as well as regulators. The Commissioner having considered all those points which he was obliged to do, his decision was not to be faulted.

Citations:

Gazette 08-Jan-1992

Jurisdiction:

England and Wales

Costs, Administrative, Transport

Updated: 11 May 2022; Ref: scu.86505

Regina v Independent Television Commission, Ex Parte TVDanmark 1 Ltd: CA 25 Oct 2000

The ITC did not have power to refuse to consider a renewed application for permission by a British broadcasting company to exercise its exclusive rights to televise matches of the Danish National football team in a forthcoming tournament as against a Danish public service broadcaster who would reach a greater proportion of the Danish population. Attempts to bring such events to a wider audience were properly exercised at the time of the grant of the rights, but not later after they had been granted.

Citations:

Gazette 26-Oct-2000, Times 25-Oct-2000, [2001] 1 WLR 74

Statutes:

Television Broadasting transmitted across Frontiers Directive 1989/55/EEC, Broadcasting Act 1996

Jurisdiction:

England and Wales

Media, Administrative, European

Updated: 11 May 2022; Ref: scu.85319

Regina v Secretary of State for the Home Department: CA 10 Nov 1999

Where a person had been lawfully arrested, but later ordered to be released, because his continued detention was in breach of the Convention on Human Rights he could properly be denied compensation for the prior detention by the Secretary of State. There was no fault or maladministration on the part of the Home Secretary. The complainant had properly been arrested as a threat to national security and with a view to deportation.

Citations:

Times 10-Nov-1999

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Administrative, Human Rights

Updated: 11 May 2022; Ref: scu.85509

Regina v Secretary of State for the Home Department, Ex P Fielding: CA 21 Jul 1999

A policy within the prison service to restrict the issue of condoms to situations where the medical officer considered that there was existed some medical risk was proper and not unlawful. A request by a homosexual prisoner for condoms without any indication of medical need implied an intention to have penetrative sex. The prison service was entitled to wish not to be seen to encourage homosexual activity.

Citations:

Times 21-Jul-1999

Jurisdiction:

England and Wales

Administrative

Updated: 11 May 2022; Ref: scu.85529

Macharia v Secretary of State for the Home Department: CA 25 Nov 1999

The Immigration Appeal Tribunal does not have discretion, whether implied or otherwise, to admit new or further evidence without notice having first been given. The Rules explicitly required advance notice to be given, and nor was it proper for the tribunal itself to introduce evidence. The absence of a rule against such admission of evidence was not conclusive.

Citations:

Times 25-Nov-1999, Gazette 01-Dec-1999

Statutes:

Asylum (Appeals) Procedure Rules 1996 No 2070

Jurisdiction:

England and Wales

Immigration, Litigation Practice, Administrative

Updated: 10 May 2022; Ref: scu.83275

Johnson v Blackpool General Commissioners; Johnson and Another v Same: CA 11 Jul 1997

Penalties of pounds 2,000 for failure to produce books for inspection at sensible time as required were entirely appropriate.

Citations:

Times 11-Jul-1997

Statutes:

General Commissioners (Jurisdiction and Procedure) Regulations 1994 (1994 No 1812)

Jurisdiction:

England and Wales

Administrative, Taxes Management

Updated: 10 May 2022; Ref: scu.82551

Forrest and Another v Towry Law Financial Services Ltd and Others: CA 25 Nov 1999

Once a writ had been issued, the Ombudsman had no standing to hear a complaint. The applicant wished to preserve his rights against the defendant in negligence but to pursue a complaint first. It was held that the writ having been issued, it would first have to be stayed, adjourned or discontinued, before the Ombudsman could accept jurisdiction on the complaint.

Citations:

Gazette 25-Nov-1999, Times 03-Dec-1999

Jurisdiction:

England and Wales

Administrative, Litigation Practice, Financial Services

Updated: 10 May 2022; Ref: scu.80638

Ex P Scarth: CA 8 Jul 1999

Whilst the regulations which required payment of court fees in full were not ultra vires, the Lord Chancellor should acknowledge that they caused difficulty for some people seeking to commence an action, and he should consider finding some way of providing relief to avoid denying access to justice.

Citations:

Times 08-Jul-1999

Statutes:

County Court Fees Order 1982 (1982 No 1706)

Jurisdiction:

England and Wales

Administrative

Updated: 10 May 2022; Ref: scu.80410

Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000

An employment tribunal had no power to dismiss a claim as without a reasonable prospect of success before it was begun to be heard. The power to regulate its own hearings did not include such a power, and the power to dismiss a claim as frivolous or vexatious, or for failure to comply with directions applied different standards, and gave differing protections. At the ‘no reasonable prospect of success’ level, the tribunal had powers to require a deposit and to give warnings as to liability for costs, but no more. The case management powers were procedural and gave no strike out jurisdiction.
Aldous LJ said: ‘The jurisdiction of the tribunal is governed by the Rules. They, when read, indicate that a strike-out can only happen at the preliminary stage or during the hearing of the case under rule 13(2) which entitles the tribunal to strike out any application on the grounds that it is scandalous, frivolous or vexatious. The standard set by that rule is that which was applied in Order 18, rule 19 of the Rules of the Supreme Court, namely that the application was bound to fail. The lesser standard of proof which is sought to be prayed in aid in this case [no reasonable prospect of success] is contrary to the expressed intention of the Rules. In my view, it would be odd to strike out a claim before completion of the applicants’ evidence because it appeared to have no reasonable chance of success, unless the Rules specifically so provided.’ and
‘To incorporate the powers given in Part 3.4 of the Civil Procedure Rules would, in my view, be contrary to the intention of the Employment Tribunal Rules. They were brought into existence in 1993, before the CPR was conceived. They set out a system for removing hopeless cases. Prior to the hearing the rules enable the tribunal to require a deposit and give a warning as to costs if a case has no reasonable prospect of success. At any time the case can be struck out if it is scandalous, frivolous or vexatious. By the time of the hearing, witness statements may have been exchanged, but the nature of a case does not change during the time immediately before the hearing to when it actually starts. If the tribunal had no power to strike out a case prior to the hearing because it had no reasonable prospect of success, absent express provision, it would appear to me to be contrary to the intention of the Rules that such a power should exist at the beginning of the hearing before evidence has been heard.’
Sir Christopher Slade said: ‘I would, for my part, accept that such jurisdiction may indeed be desirable in cases where the application is as a matter of law on any footing bound to fail. But at least in many such cases any such application will, by its very nature, be `vexatious’ within rule 13(2)(d) of the 1993 Rules, so that in such cases the jurisdiction to strike out will be conferred by that rule. Rule 13(2)(d) has not been invoked by the appellant on this appeal for obvious reasons.’

Judges:

Aldous LJ, Sir Christopher Slade

Citations:

Times 22-Nov-2000, Gazette 23-Nov-2000, [2001] IRLR 85

Statutes:

Employment Tribunals (Constitution and Rules of Procedure) Regulations 1996 (1996 No 1757) 4(7) 7 9(1) 9(2) 13(1) 13(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Balamoody v United Kingdom Central Council for Nursing CA 14-May-2001
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him . .
Distinguished – Balamoody v Manchester Health Authority EAT 12-Nov-2001
The Tribunal heard a preliminary application in a claim for unlawful race discrimination. Earlier applications had been struck out. This second set of applications had been struck out as frivolous by the Tribunal on the basis that they were not new . .
Cited – Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting CA 6-Dec-2001
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority . .
Lists of cited by and citing cases may be incomplete.

Administrative, Employment

Updated: 10 May 2022; Ref: scu.78890

Akewushola v Secretary of State for the Home Department: CA 3 Nov 1999

The chairman of an immigration tribunal has no power to rescind his own decision, or that of another chairman. Similarly a full tribunal had no such power in respect of its own or another full tribunal’s decisions. The Rules contain no such explicit power whether for a chairman or the full tribunal.

Citations:

Times 03-Nov-1999

Statutes:

Immigration Appeals (Procedure) Rules 1984 (1984 N0 2041) 42

Jurisdiction:

England and Wales

Administrative

Updated: 10 May 2022; Ref: scu.77699

Regina v Canterbury Council ex parte Springimage Limited: 1993

The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The applicant had an option to purchase land nearby.
David Keene QC said: ‘It seems to me to be clear that both the Fleet Street casuals case and the Rose Theatre case distinguish between on the one hand the generality of the public, every member of which has a general interest in seeing the law obeyed and public duties properly performed, and on the other hand the person who has a particular interest in the matter above the generality. Mr.Michael Barnes QC, for the present applicant, accepts that he has to bring himself within that second category of the person having a particular interest above that possessed by the general citizenry . . It is clear on the authorities that if the commercial interest of a person may realistically be affected by a decision in a way not common to the general run of the public, then that provides not only a particular interest on the part of the person concerned, but also a sufficient one for the purposes of judicial review.’ and ‘The principle put forward by Mr Barnes is that someone who is or may be commercially affected by a development for which permission has purportedly been given does have a sufficient interest above that of the generality of citizens to enable him to bring judicial review. I accept that proposition, so long as there is a real possibility of such an effect and not merely a theoretical one’.

Judges:

David Keene QC

Citations:

[1993] 3 PLR 58, [1993] 68 P and CR 171

Jurisdiction:

England and Wales

Citing:

Explained – Regina v Secretary of State for the Environment, ex parte Rose Theatre Trust Co QBD 1990
The remains of an ancient theatre had been discovered during the development of a site. The respondent declined to schedule the building as a monument, saying a balance had to be found between preservation and the need to ensure the prosperity of . .

Cited by:

Cited – Regina v Derbyshire County Council ex parte Woods CA 7-Feb-1997
The claimant renewed his application for leave to appeal against rejection of his challenge to the grant of planning permission for a substantial redevelopment of land near his home.
Held: Brooke LJ considered the interpretation of planning . .
Disputed – Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon Admn 18-Apr-1997
. .
Cited – Regina v London Borough of Merton and Newmont Properties Limited Plc ex parte Dorothy Driver Admn 21-Jan-1997
. .
Cited – Morbaine Ltd and Another v First Secretary of State and others Admn 19-Jul-2004
. .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 09 May 2022; Ref: scu.224129

Harrison v Bush: 1855

The office of Secretary of State is in theory one and indivisible.
Lord Campbell CJ stated: ‘In practice, to the Secretary of State for the Home Department . . belongs peculiarly the maintenance of the peace within the kingdom, with the superintendence of the administration of justice as far as the Royal prerogative is involved in it.’

Judges:

Lord Campbell CJ

Citations:

(1855) 5 E and B 344, [1855] EngR 41, (1855) 5 El and Bl 344, (1855) 119 ER 509

Links:

Commonlii

Cited by:

Cited – Hinchy v Secretary of State for Work and Pensions HL 3-Mar-2005
The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The . .
Cited – Jameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .
Cited – Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority CA 18-Nov-1987
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the . .
Lists of cited by and citing cases may be incomplete.

Administrative, Police, Constitutional

Updated: 09 May 2022; Ref: scu.223211

Foster v Federal Commissioner of Taxation: 1951

(Australia) The idea of ‘disclosure’ to a person who already knew or was deemed to know the fact at issue iss conceptually impossible.

Citations:

(1951) 82 CLR 606

Cited by:

Cited – Hinchy v Secretary of State for Work and Pensions HL 3-Mar-2005
The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Administrative

Updated: 09 May 2022; Ref: scu.223212

Regina v Secretary of State for the Environment, ex parte Rose Theatre Trust Co: QBD 1990

The remains of an ancient theatre had been discovered during the development of a site. The respondent declined to schedule the building as a monument, saying a balance had to be found between preservation and the need to ensure the prosperity of the city, the site was not itself under threat from the developers, and compensation would be payable for any ensuing delays.
Held: The Secretary of State was exercising a discretion given to him under the Act. That discretion had not been shown to have been exercised improperly. Members of the public at large had insufficient locus standi to seek judicial review, and locus could not be obtained buy applying to have the building scheduled under the Act.
Schiemann J said: ‘There is no doubt that, in the early part of this decade, the High Court was fairly liberal in its interpretation of who had ‘a sufficient interest’ to be able to apply for judicial review.’ and ‘The applicant’s argument on standing runs essentially like this. 1. When scheduled monument consent is sought anybody who wishes to make representations to the Secretary of State can do so and the Secretary of State must consider any such representation once made: see paragraph 3(3) of Schedule 1 to the Act of 1979. 2. Therefore Parliament recognised that everyone has an interest in the preservation of monuments considered by the Secretary of State to be of national importance and everyone has a legitimate expectation to be consulted on such a matter. 3. The Secretary of State considers the Rose Theatre to be a monument of national importance. 4. At the stage when he is considering whether or not to schedule a monument considered by him to be of national importance, the area of discretion left to the Secretary of State is a very small one and therefore it would be artificial to make a distinction so far as standing is concerned between the position at the scheduling stage and the position at the scheduled monument consent state. 5. Therefore, the court should recognise that everyone has a sufficient interest to challenge, by way of judicial review, the lawfulness of the Secretary of State’s decision in deciding not to schedule. 6. Although as a matter of form the applicant is a company, as a matter of substance the company is merely the corporate expression of the wills and desires of persons of undoubted expertise and distinction in the fields of archaeology, the theatre, literature and other fields and includes local residents, the local Member of Parliament and so on. These are not mere busybodies. The very fact that the Secretary of State has answered with care the representations made by those whose will the applicant embodies gives them a sufficient interest for the purpose of this application. 8. There is no evidence of any rival organisation which claims to represent the public in relation to the Rose Theatre and thus if this application is struck down for lack of standing then the legality of the Secretary of State’s decision is unlikely to be tested in the courts.’
‘I can therefore consider the question of standing by considering whether an individual of acknowledged distinction in the field of archaeology, of which the company has several amongst its members, has sufficient standing to move for judicial review of a decision not to schedule… It seems to be that the decision not to schedule is one of those governmental decisions in respect of which the ordinary citizen does not have a sufficient interest to entitle him to obtain leave to move for judicial review’ and ‘I do not consider that an interested member of the public who has written and received a reply in relation to a decision not to schedule a site as an ancient monument has sufficient interest in the decision to enable him to apply for judicial review. Finally, I ought to say that I recognise the force of Mr. Sullivan’s submission that since an unlawful decision in relation to scheduling either has been made or may well be made in the future, my decision on standing may well leave an unlawful act by a minister unrebuked and indeed unrevealed since there will be those in the future who will not have the opportunity to ventilate – on this hypothesis – their well-founded complaints before the court.
This submission is clearly right. The answer to it is that the law does not see it as the function of the courts to be there for every individual who is interested in having the legality of an administrative action litigated. Parliament could have given such a wide right of access to the court but it has not done so. The challenger must show that he ‘has a sufficient interest in the matter to which the application relates’. The court will look at the matter to which the application relates – in this case the non-scheduling of a monument of national importance – and the statute under which the decision was taken (in this case the Act of 1979) and decide whether the statute gives that individual expressly or impliedly a greater right or expectation than any other citizen of this country to have that decision taken lawfully. We all expect our decision makers to act lawfully. We are not all given by Parliament the right to apply for judicial review.’

Judges:

Schiemann J

Citations:

[1990] 2 WLR 186, [1990] 1 ALL ER 754, [1990] 1 QB 504

Statutes:

Ancient Monuments and Archeological Areas Act 1979 1

Jurisdiction:

England and Wales

Cited by:

Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Explained – Regina v Canterbury Council ex parte Springimage Limited 1993
The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The applicant had an option to purchase land nearby.
David Keene QC said: ‘It seems to me to be clear that . .
Lists of cited by and citing cases may be incomplete.

Administrative, Planning

Updated: 09 May 2022; Ref: scu.222183

Pfizer Corporation v Ministry of Health: CA 1964

Lord Justice Diplock said: ‘The duty to provide hospital and specialist services is imposed upon the Minister. It is in its nature a duty which he can only perform vicariously through agents acting on his behalf. The Act requires him to do so through the immediate agency of the Regional Hospital Boards. The Regional Hospital Boards, being corporations, can themselves only do the physical acts involved in the provision of the services on behalf of the Minister, vicariously through their offices and servants. Any act done by an officer or servant of a Regional Hospital Board for the purpose of providing hospital or specialist services is accordingly done on behalf of the Minister in performance of the statutory duty which is imposed upon him. Their acts are acts of a government department.’
Willmer LJ said that in mid-Victorian times the treatment of patients in hospitals would have been regarded as ‘something quite foreign to the functions of government’ but there there has been, since those times: ‘a revolution in political thought and a totally different conception prevails today as to what is and what is not within the functions of Government’.

Judges:

Lord Justice Diplock, Willmer LJ

Citations:

[1964] Ch 614

Jurisdiction:

England and Wales

Cited by:

Approved – British Medical Association v Greater Glasgow Health Board HL 1989
The House considered the availability of orders against the Crown in Scotland. It is inconceivable that Parliament should have intended to fetter the right of the subject to obtain a prohibitory order more strictly in Scotland than in England. The . .
Applied – Frame v Grampian University Hospitals NHS Trust HCJ 14-Feb-2004
The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial.
Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it . .
Lists of cited by and citing cases may be incomplete.

Administrative, Health

Updated: 09 May 2022; Ref: scu.194094