Category: Administrative

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 procedure, and the applicant sought a declaration that the conditions were ineffective.
Held: Parliament had given to the local authority a discretion as to the conditions for the licence. That discretion might be exercised in different ways according to honestly and reasonably held opinion. It was not the court’s job to substitute its own opinion for that of the local authority.
Greene MR said: ‘the discretion must be exercised reasonably. Now what does that mean? Lawyers familiar with the phraseology commonly used in relation to exercise of statutory discretions often use the word ‘unreasonable’ in a rather comprehensive sense. It has frequently been used and is frequently used as a general description of the things that must not be done. For instance, a person entrusted with a discretion must, so to speak, direct himself properly in law. He must call his own attention to the matters which he is bound to consider. He must exclude from his consideration matters which are irrelevant to what he has to consider. If he does not obey those rules, he may truly be said, and often is said, to be acting ‘unreasonably.’ Similarly, there may be something so absurd that no sensible person could ever dream that it lay within the powers of the authority.’ and ‘The court is entitled to investigate the action of the local authority with a view to seeing whether they have taken into account matters which they ought not to take into account, or, conversely, have refused to take into account or neglected to take into account matters which they ought to take into account. Once that question is answered in favour of the local authority, it may be still possible to say that, although the local authority have kept within the four corners of the matters which they ought to consider, they have nevertheless come to a conclusion so unreasonable that no reasonable authority could ever have come to it. In such a case, again, I think the court can interfere. The power of the court to interfere in each case is not as an appellate authority to override a decision of the local authority, but as a judicial authority which is concerned, and concerned only, to see whether the local authority have contravened the law by acting in excess of the powers which Parliament has confided in them.’

Judges:

Greene MR, Somervell LJ and Singleton J

Citations:

[1947] 2 All ER 680, [1948] 1 KB 223, 1947 WL 10584, (1948) 92 SJ 26, [1948] LJR 190, [1948] 45 LGR 635, (1948) 112 JP 55, 63 TLR 623, [1947] EWCA Civ 1

Links:

Bailii

Statutes:

Sunday Entertainments Act 1932, Cinematograph Act 1909

Jurisdiction:

England and Wales

Citing:

Cited – Theatre de Luxe (Halifax) LD v Gledhill KBD 1915
The company appealed a condition which had been attached to its licence to open the cinema. The condition was that ‘Children under fourteen years of age shall not be allowed to enter into or be in the licensed premises after the hour of 9 p.m. . .
Cited – London County Council v Bermondsey Bioscope Co 1911
. .
Cited – Harman v Butt 1944
A condition imposed on a cinema license not allowing children under a certain age was intra vires the Act. The licence to open on Sundays originated in a representation by the commanding officer of forces stationed in the neighbourhood.
Held: . .
Cited – Rex v Burnley Justices ex parte Longmore 1916
Where unreasonable conditions have been imposed on a licence, the party claiming to be aggrieved has the right to take the issue to the court. . .
Cited – Rex v London County Counci, ex parte London and Provincial Electric Theatres LD 1915
. .
Cited – Ellis v Dubowski 1921
A complaint was made that the local authority had added an unlawful condition to a licence it had granted.
Held: The illegal element which the authority had imported into the conditions imposed consisted of a delegation of their powers to the . .
Cited – 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% . .

Cited by:

Cited – Peregrine Fixed Income Ltd v Robinson Department Store Public Co Ltd ComC 18-May-2000
The claimant sought the determination of the court as to the interpretation of parts of a currency swap and derivatives agreement. Upon termination of the contract, it provided means to calculate the balances due between the parties, and the . .
Cited – Regina v Ullah CACD 3-Nov-1999
Counsel, in a trial alleging an indecent assault, had failed to raise with the jury the contents of an illegally taped conversation between the complainant and one of her witnesses encouraging perjury.
Held: The defect in counsel’s conduct of . .
Applied – Regina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – Regina (Goodman and Another) v Lewisham London Borough Council CA 14-Feb-2003
Claimants challenged the grant of planning consent for the construction of a storage and distribution facility without first undertaking an environmental impact assessment.
Held: The local authority had concluded that the project could not be . .
Cited – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Explained – Regina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – 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 . .
Cited – 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 – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – Joseph v Director of Public Prosecutions QBD 24-Nov-2003
The defendant had given a specimen of breath over the minimum, but below 5omg, and accordingly he was to be allowed to give a specimen of blood or urine. The choice was the officers using a wide discretion. That discretion was still to be exercised . .
Cited – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited – Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
Cited – Regina (Chief Constable of Avon and Somerset Constabulary) v Police Appeals Tribunal QBD 2-Feb-2004
The constable was disciplined. The Police Appeals Tribunal ordered his re-instatement. The Chief constable complained that the tribunal had acted beyond its powers in not limiting itself to a review.
Held: The task of the tribunal was to . .
Applied – Regina v Norfolk County Council, ex parte M QBD 1989
The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released . .
Cited – Office of Fair Trading and others v IBA Health Limited CA 19-Feb-2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties . .
Cited – London Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .
Applied – Regina v Secretary of State for Trade, Ex parte Anderson Strathclyde Plc QBD 1983
A proposed takeover had been referred to the Monopolies and Mergers Commission under the 1973 Act. A majority of the Commission recommended against the takeover. The Deputy (acting instead of the Secretary who had an interest) overruled the . .
Cited – Hall v London Borough of Wandsworth CA 17-Dec-2004
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been . .
Cited – Calgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
Cited – Regina v Secretary of State ex parte Khan CA 4-Apr-1984
The Secretary of State had refused an entry clearance for a child to be allowed into the United Kingdom for the purpose of adoption by the applicant, but had done so upon grounds nowhere mentioned in a Home Office circular letter apparently setting . .
Explained – Regina v Her Majesty’s Coroner for Exeter and East Devon ex parte Palmer CA 10-Dec-1997
The deceased died in Dartmoor prison. He had been held in seclusion. When visited he was said to have attacked the guards. He was restrained until a body belt could be brought. The period of restraint exceeded the maximum recommended, and the . .
Cited – Lymington Marina Ltd v MacNamara and others ChD 4-Apr-2006
The claimant marina had been constructed with financial assistance from debenture holders who in return were given low cost licences. The claimant sought to refuse to the defendant debenture holders the right to sub-licence their rights to berth . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 11-May-2006
The claimant on behalf of himself and other islanders sought a declaration that the 2004 Order was unlawful. The islands had been emptied of people in 1973 and before in order to allow use of the islands as military bases. He had enjoyed a right to . .
Cited – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Cited – Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 21-Feb-2007
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid.
Held: The court should not rely on . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – London Borough of Wandsworth v Allison CA 15-Apr-2008
The claimant had applied for emergency housing, saying that he had suffered a deep vein thrombosis, and was vulnerable under the 1996 Act. The authority said that its finding that the VT would not put him at additional risk if homeless, was one of . .
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 – Castorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
Cited – Tesco Stores Ltd v Secretary of State for the Environment and Others HL 11-May-1995
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for . .
Cited – Wheeler v Leicester City Council; In re Wheeler and others HL 25-Jul-1985
The Council opposed sporting links with South Africa. The local rugby club failed to denounce apartheid and did not seek to dissuade three of its players touring with the national side. The Court of Appeal had refused judicial review of the . .
Cited – Central Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Regina (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 – Fitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
Cited – Padda v Regina CACD 12-Dec-2013
The defendant had been convicted of supplying drugs, had had a confiscation made and had paid out under it. The prosecution sought a restraint order pending re-assessment. A further confiscation order was made. The defendant appealed, saying that . .
Cited – Regina v Johal CACD 19-Apr-2013
The defendant appealed against a confiscation order made on his conviction for possession of a Class B controlled drug. There had been considerable delays in the completion of the process, and it had exceeded the two year limit. The appellant argued . .
Applied – CVG Siderurgicia del Orinoco SA v London Steamship Owners’ Mutual Insurance Association Limited ‘The Vainqueur Jose’ 1979
The plaintiff sought to claim under the rules of the P and I club of which it was a member. After defining the risks in respect of which members were to be indemnified, the rules made the following proviso in Rule 8(k): ‘A member shall at the . .
Cited – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Cited – Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited SC 25-Oct-2017
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development.
Held: The appeal failed. . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .
Cited – Regina v Hillingdon London Borough Council, Ex parte Royco Homes Ltd 1974
A planning condition imposed solely for some other purpose or purposes, such as furtherance of the housing policy of the local authority, will not be valid as a planning condition.
As to the availability of judicial review or certiorari, Lord . .
Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review, Licensing, Local Government

Leading Case

Updated: 09 May 2022; Ref: scu.179730

The Secretary of State for Work and Pensions v Carmichael and Another: CA 20 Mar 2018

The court considered the aproach after the rule under which Housing Benefits had been decided had been declared unlawful.

Judges:

The President of the Queens Bench Division
(Sir Brian Leveson)
Lord Justice Flaux
And
Lord Justice Leggatt

Citations:

[2018] EWCA Civ 548, [2018] WLR(D) 176, [2018] 1 WLR 3429

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Cited – RR v Secretary of State for Work and Pensions SC 13-Nov-2019
Housing benefit regulations had been found unlawful and were amended. The Court now considered what payments should have been made before the amendments came into effect.
Held: The appeal was allowed, and RR’s housing benefit entitlement is to . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 09 May 2022; Ref: scu.606478

Carpenter v Social Security Commissioner and Another: CA 15 Jan 2003

The applicant appealed refused an adjournment of his appeal against termination of his entitlement to National Insurance credits, to allow him to bring additional medical evidence.
Held: The jurisdiction to hear an appeal lay in the regulations. Those allowed an appeal against a decision, but not against a determination. A decision was an outcome of the case, a determination was any one of the many decisions made during the course of a hearing which would lead to a decision. The decision not to adjourn was a determination, and no right of appeal existed.

Judges:

Law, Ward, Jonathan Parker, LJJ

Citations:

Times 20-Jan-2003

Statutes:

Social Security Act 1998 8 9 10, Social Security and Child Support (Decisions and Appeals) Regulations 1999 (1999 No 991) 53

Jurisdiction:

England and Wales

Administrative

Updated: 08 May 2022; Ref: scu.178781

Regina v Royal Pharmaceutical Society of Great Britain, ex parte Mahmood and Another: CA 31 Jul 2001

The Society had introduced rules which had the effect that candidates who had failed the registration examination three times were refused permission to try again. The applicants sought to challenge the bylaws by judicial review. The council of the society were authorised by their charter made under the Act, to make, alter etc bylaws for all or any purposes. The power was framed very widely, and this view was supported by the statutory history. The statute also suggested that the source of the power should be framed by reference to the Act rather than the Charter. Nevertheless, the bylaw was not curtailed by statute, and was not ultra vires.

Judges:

Kennedy LJ, Chadwick LJ, Rix, LJ

Citations:

Times 09-Aug-2001, Gazette 27-Sep-2001

Statutes:

Pharmacy Act 1852, Poison and Pharmacy Act 1908 4, Pharmacy Act 1954 4(1)

Jurisdiction:

England and Wales

Administrative, Health Professions

Updated: 08 May 2022; Ref: scu.136174

Regina v Secretary of State for Education and Employment ex parte Amraf Training plc: CA 28 Jun 2001

On a complaint in public law, if a party wishes to raise allegations of victimisation in the nature of malice, ill will, or undisclosed ulterior motive, in the course of proceedings, these matters had to be raised clearly and explicitly. It was inappropriate to raise such issues clearly only on appeal. Here the judge could not be criticised for taking the evidence as it was presented to him. Evidence as to victimisation introduced only at that later stage would not be admitted.

Citations:

Times 28-Jun-2001

Jurisdiction:

England and Wales

Litigation Practice, Administrative, Judicial Review

Updated: 08 May 2022; Ref: scu.88605

Regina v Brent London Borough Council Ex Parte Khadim: CA 5 Apr 2001

A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court. Whether a person living in the same house as a relative was residing with him, was matter for ordinary English usage. The statute did not provide a full and exclusive definition, and the case was remitted for reconsideration.

Citations:

Gazette 05-Apr-2001

Jurisdiction:

England and Wales

Administrative, Benefits

Updated: 08 May 2022; Ref: scu.86191

Phillis Trading Ltd v 86 Lordship Road Ltd: CA 16 Mar 2001

A tenant wanting to purchase the freehold offered a sum without mentioning the costs. The landlord counter offered to accept the sum but with costs. His rejection of the offer was unreasonable. The effect would be to nullify the Act since it would lead to tenants paying more for low value freeholds. The power of a tribunal to award costs should be exercised so as to encourage and not to discourage settlements. The landlord should have considered whether the offer was reasonable without looking for costs.

Citations:

Times 16-Mar-2001

Statutes:

Leasehold ReformHousing and Urban Development Act 1993

Jurisdiction:

England and Wales

Landlord and Tenant, Administrative

Updated: 08 May 2022; Ref: scu.84718

Kesse v Secretary of State for the Home Department: CA 21 Mar 2001

The immigration appeal tribunal has the power to order the attendance of witnesses before it even against the wishes of the parties to the hearing. The tribunal sought evidence from a lady whose marriage to the applicant was said to be the basis of the fraudulent obtaining of leave to remain in the UK. As an appellate tribunal, the IAT had power under the rules.

Citations:

Times 21-Mar-2001

Statutes:

Immigration (Procedure) Rules 1984 (1984 No 2041) 27(1)

Jurisdiction:

England and Wales

Administrative, Immigration

Updated: 08 May 2022; Ref: scu.82754

Ali v Kirklees Metropolitan Borough Council: CA 1 May 2001

A Special Educational Needs Tribunal made a decision, in ignorance of information which had been withheld by the authority, and which it should have disclosed. The parents did not want their son transferred to particular school, because they felt that accidents which had occurred at the present school would recur at the new school. The authority did not disclose such an accident from some several years before. The chairman certified that the information would not have affected the decision. The court held that the lapse of time, and change of circumstances after the accident made it now irrelevant and declined to overturn the decision.

Citations:

Times 01-May-2001

Jurisdiction:

England and Wales

Education, Administrative

Updated: 08 May 2022; Ref: scu.77733

Lovelock v Minister of Transport: 1980

Lord Denning said: ‘Assuming that he did fail to take into account a relevant consideration, the result is that, in point of legal theory, his consent was ‘void’. It was made without jurisdiction. It was a nullity. Just as if he had failed to observe the rules of natural justice. But, in point of practice, it was ‘voidable’.’ It seems to me to be a matter of words – semantics – and that is all. I have got tired of all the discussion about ‘void’ and ‘voidable’. The plain fact is that, even if such a decision as this is ‘void’ or a ‘nullity’, it remains in being unless and until some steps are taken before the courts to have it declared void. As Lord Radcliffe said long ago in Smith v East Elloe Rural District Council: ‘It bears no brand of invalidity upon its forehead. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset, it will remain as effective for its ostensible purpose as the most impeccable of orders’. That point of view was adopted by the House of Lords in F. Hoffman-La Roche and Co. A.G. v Secretary of State for Trade and Industry by Lord Reid and Lord Morris of Borth-y-Gest.
So, even if there was anything wrong in what the Secretary of State did – even if he did fail to take into account a relevant consideration – even if there was any failure of natural justice in that or any other regard – this consent remained valid and effective for all purposes, and for people to act on it, unless and until steps were taken to call it in question. No steps were taken until the appeal was opened in this court . . ‘

Judges:

Lord Denning

Citations:

(1980) 40 PCR 336

Jurisdiction:

England and Wales

Cited by:

Cited – Mackaill and Another, Regina (on The Application of) v Independent Police Complaints Commission Admn 6-Oct-2014
The three claimants were police officers. They met a senior MP at Sutton Coldfield. They emerged from the meeting and were said to have made misleading statements as to the content of the meeting. The IPCC referred the matters back to local forces . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 08 May 2022; Ref: scu.537359

Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board: CA 1982

The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to oblige the chief constable to provide the level of support requested.
Held: The appeal against refusal of mandamus was rejected. Such a police decision was not one to be interfered with by a court of law. The CEGB should first consider its own self-help remedies. It had the power to use the resaonable minimum of force, even though this might risk a breach of the peace.

Citations:

[1982] QB 458, [1981] 3 WLR 967, [1981] 3 All ER 826

Statutes:

Electricity Act 1957 35, Town and Country Planning Act 1971 281(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited – Commissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
Cited – McConnell v Chief Constable of Greater Manchester Police CA 1990
The plaintiff sought damages from the police. She had gone into a store and refused to leave when so requested. The police officer escorted her from the premises. She tried to re-enter the premises, and the officer exercised his common law right to . .
Cited – Humberside Police v McQuade CA 12-Jul-2001
Defendant’s appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no . .
Lists of cited by and citing cases may be incomplete.

Administrative, Police, Utilities

Updated: 07 May 2022; Ref: scu.276255

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 change of use alleged in the enforcement notice (from one to four caravans) was not a material change of use. Intensification of an existing use, it was said, is not a material change of use. I do not agree. I think that a considerable increase in the number of caravans would be a material change of use. In any case it must be remember that this whole site was used as a pleasure ground with a cafe and one caravan. If the site is used as well for several caravans, that would be a material change of use. It would be a change from a pleasure ground to a caravan site, at least in part. This question — of a material change of use — has been repeatedly held to be a question of fact and degree. The Divisional Court was quite right to refer it to the Minister for decision.’

Judges:

Lord Denning and Davies LJ

Citations:

[1966] 1 WLR 135

Jurisdiction:

England and Wales

Citing:

Appeal from – 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. . .

Cited by:

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

Administrative, Planning

Updated: 07 May 2022; Ref: scu.258744

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.

Citations:

[1965] 63 LGR 269

Jurisdiction:

England and Wales

Cited by:

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 . .
At First Instance – 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative, Planning

Updated: 07 May 2022; Ref: scu.258743

Nutton v Wilson: 1889

Lindley LJ spoke of a statue intended to prevent civil servants dling on behalf of their employers with companies in which they had an interest: ‘The object obviously was to prevent the conflict between interest and duty that might otherwise inevitably arise’.

Judges:

Lindley LJ

Citations:

(1889) 22 QBD 744

Cited by:

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

Crime, Administrative

Updated: 07 May 2022; Ref: scu.241542

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 conferred and the commercial reasons for which the price fixing agreement had been entered to. Lord Birkenhead said that there is: ‘a well-established principle of law, that if a person or public body is entrusted by the legislature with certain powers and duties expressly or impliedly for public purposes, those persons or bodies cannot divest themselves of these powers and duties. They cannot enter into any contract or take any action incompatible with the due exercise of their powers or the discharge of their duties.’

Judges:

Lord Birkenhead

Citations:

[1926] AC 355

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Liverpool Corporation ex parte Liverpool Taxi Fleet Operators Association CA 1972
A number of taxi cab owners challenged a decision of the Council to increase the numbers of hackney cabs operating in the city. At a public meeting with the council prior to the decision, the chairman had given a public undertaking that the numbers . .
Cited – 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 – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Lists of cited by and citing cases may be incomplete.

Administrative, Utilities

Updated: 07 May 2022; Ref: scu.237255

Village Residents’ Association Ltd v An Bord Pleanala (No 2): 2000

(Irish High Court) The court faced the first application for a Protective Costs Order (PCO) in the High Court of Ireland.
Held: There was jurisdiction to make such an order, but it was difficult in the abstract to identify the type or types of cases in which the interests of justice would require the court to deal with costs in the manner indicated by a PCO and it would be unwise to attempt to do so. The principles in ex p CPAG seemed to meet the fundamental rubric that the interests of justice should require a PCO to be made. An order was not made in this case.

Judges:

Laffoy J

Citations:

[2000] 4 IR 321

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Lord Chancellor’s Department ex parte Child Poverty Action Group Admn 6-Feb-1998
The claimant sought an order with regard to its costs in an anticipated application to the court. The application was refused. Requests in a public interest action for an advance order for costs could only be awarded in very exceptional . .

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

International, Costs, Administrative

Updated: 06 May 2022; Ref: scu.223263

Regina v Chief Constable of Thames Valley ex parte Cotton: 1990

In order:- ‘to make good a natural justice challenge an applicant must establish where there is a real, as opposed to purely minimal possibility that the outcome would have been different’ (Simon Brown J) Bingham LJ: ‘While cases may no doubt arise in which it can properly be held that denying the subject of a decision an adequate opportunity to put his case is not in all the circumstances unfair, I would expect these cases to be of great rarity. There are a number of reasons for this:- 1. Unless the subject of the decision has had the opportunity to put his case it may not be easy to knew what case he could or would have put if he had the chance. 2. As memorably pointed out by Megarry J in John v. Rees [1970] Ch 345 at page 402, experience shows that what is confidently expected is by no means always that which happens. 3. It is generally desirable that decision-makers should be reasonably receptive to argument, and it would therefore be unfortunate if a complainant’s position became weaker as the decision-maker’s mind became more closed. 4. In considering whether the complainant’s representations would have made any difference to the outcome the court may unconsciously stray from its proper province of reviewing the propriety of the decision-making process into the forbidden territory of evaluating the substantial merits of a decision. 5. This is a field in which appearances are generally thought to matter. 6. Where the decision-maker is under a duty to act fairly the subject of the decision may properly be said to have a right to be heard, and rights are not to be lightly denied’.

Judges:

Simon Brown J, Bingham LJ

Citations:

[1990] IRLR 344

Jurisdiction:

England and Wales

Cited by:

Cited – Capenhurst and Others, Regina (on the Application Of) v Leicester City Council Admn 15-Sep-2004
The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair.
Held: Even if it was not bound to consult, if the authority . .
Lists of cited by and citing cases may be incomplete.

Employment, Administrative

Updated: 06 May 2022; Ref: scu.213648

Regina v The Vestrymen and Churchwardens or St Pancras Middlesex: 1839

The applicant sought an order of mandamus requiring the Vestrymen and Churchwardens to hold a meeting of the parishioners for the election of Vestrymen and auditors for the Parish on the grounds that a meeting previously held for that purpose had been conducted unfairly, in that on a vote to nominate four inspectors for the election of Vestrymen, two lists of four were prepared by the two parties, that is the Churchwardens on the one hand and the Meeting on the other. On a show of hands, the Churchwardens expressed their decision in favour of their list. This was disputed; and those in favour of the list demanded a division of the voters present in order that the numbers on each side might be counted. The Churchwardens refused to take this course and declared the election carried by the show of hands. Lord Denman CJ, giving the judgment of the court said: ‘ . . . The show of hands ought to be fairly taken. Was it so taken? A strong doubt was expressed at the time whether the Churchwardens had not made an erroneous report of the numbers on each side: it is even now sworn, by several who were present, that the majority was the other way; nothing could be more reasonable than the demand that the numbers should be divide and be counted. If this had been done with closed doors, certainty would have been obtained in a few minutes. But the Churchwardens took upon themselves to declare the respective numbers in favour of that party to which they avowedly belong at the very moment when they refused to ascertain the truth. The affidavits now produced by them and many others of their belief in respect of this doubtful matter, do not meet the just complaint that they might have spoken with perfect knowledge; and that belief is, indeed, founded on the remarks and reasonings which are detailed and are very far from being conclusive. These considerations have brought us to the opinion that the mandamus ought to be issued’

Judges:

Lord Denman CJ

Citations:

(1839) 11 Ad and E 15, [1839] EngR 1019, (1839) 11 Ad and E 15, (1839) 113 ER 317

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Tromans, Regina (on the Application of) v Cannock Chase District Council and Another CA 28-Jul-2004
It was alleged that there had been a miscounting of votes in the planning committee, or that they had come to an equality of votes. There were no procedures in place to resolve the impasse.
Held: In the absence of directly applicable . .
Lists of cited by and citing cases may be incomplete.

Administrative, Ecclesiastical

Updated: 06 May 2022; Ref: scu.200219

Regina v Local Authority and Police Authority in the Midlands, ex parte LM: 2000

The court considered the retention of information about an unsubstantiated child sexual abuse allegation.

Judges:

Dyson J

Citations:

[2000] 1 FLR 612

Statutes:

Police Act 1997 115(7)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (X) v Chief Constable of West Midlands Police QBD 23-Jan-2004
The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record . .
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 06 May 2022; Ref: scu.193599

Re Cedac Ltd: CA 1991

The Secretary of State’s notice of intention to bring disqualification proceedings was served and the proceedings begun 10 days later just inside the 2 year limitation period specified by s 7(2) of the Act. Both parties believed the 10 day notice period had been complied with, and the director raised no objection at first. Following Jaymar, he objected to the short service.
Held: The court asked four questions: (1) What is the scope and purpose of the Act of 1986? (2) What is the importance of the 10-day notice requirement in section 16(1)? (3) What is the relation of that requirement to the general object intended to be secured by the Act of 1986? (4) What are the relevant circumstances of the present case? The Act was intended to protect the public, and the requirement was important, but a breach did not create an automatic nullity. The court could make an order without such formal notice, provided the principles of natural justice were followed. (Legatt LJ) ‘The notice here fulfils no such function (i.e. to protect the director): its importance in the proceedings is minimal, and no one has been able to point to any real benefit that the director may derive from it.’ The third question is a balancing exercise with the protection afforded to the director by the provision of the notice period being set against the need to protect the public. As to the fourth, in these circunstances there was no prejudice to the director.

Judges:

Balcombe LJ, Leggatt LJ

Citations:

[1991] Ch 402

Statutes:

Company Director Disqualification Act 1986 7(2) 16(1)

Jurisdiction:

England and Wales

Citing:

Cited – Re Jaymar Management Ltd ChD 1990
The 10 day notice period before commencing proceedings had to be calculated exclusive of the day on which the notice was given and the day on which the proceedings were issued. . .

Cited by:

Cited – The Secretary of State for Trade and Industry v Swan and Othes ChD 22-Jul-2003
When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation . .
Lists of cited by and citing cases may be incomplete.

Company, Administrative, Natural Justice

Updated: 06 May 2022; Ref: scu.185779

Rex v Stafford Justices, ex parte Stafford Corp: CA 1940

Houses had been built across the site of a footpath which had not been properly diverted. An order to demolish the houses was refused because of the delay and prejudice.
Held: Lord Green MR said of the exercise of discretion involved: ‘Now, in my opinion, the order for the issue of the writ of certiorari is, except in cases where it goes as of course, strictly in all cases a matter of discretion. It is perfectly true to say that if no special circumstances exist, then a person aggrieved by that is entitled ex debito justitiae to his order. That merely means this, in my judgment, that the Court in such circumstances will exercise its discretion by granting the relief. In all discretionary remedies it is well known and settled that in certain circumstances – I will not say in all of them, but in a great many of them- the Court, although nominally it has a discretion, it is to act according to the ordinary principles upon which judicial discretion is exercised, must exercise that discretion in a particular way, and if a Judge at a trial refuses to do so, then the Court of Appeal will set the mater right. But when once it is established that in deciding whether or not a particular remedy shall be granted the Court is entitled to inquire into the conduct of the applicant, and the circumstances of the case, in order to ascertain whether it is proper or not proper to grant the remedy sought, the case must in my judgment be one of discretion.’
Before such a discretion can be exercised ‘there must be something in the circumstances of the case which make it right to refuse the relief sought’

Judges:

Lord Greene MR

Citations:

[1940] 2 KB 33, (1940) 109 LJKB 584

Land, Administrative

Updated: 06 May 2022; Ref: scu.472247

Cook v Southend-on-Sea Borough Council: 1989

The council had public duties to perform in the maintenance of a suitable taxi service and a policy that it was seeking to implement.
Held: It could feel aggrieved by a decision adverse to the stand it was attempting to enforce in respect of the grant of a licence. It was not essential that a legal burden should be placed upon a person by a decision for him to ‘feel aggrieved’: it was sufficient if there was a decision ‘against’ him.

Judges:

Woolf LJ

Citations:

[1990] 2 QB 1, (1989) 88 LGR 408, [1989] RVR 215, (1989) 154 JP 145, [1990] 2 WLR 61, [1990] 1 All ER 243

Cited by:

Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 06 May 2022; Ref: scu.470548

Stevenson v Midlothian District Council: HL 1983

The pursuer was an undischarged bankrupt. The Lord Ordinary ordered him to find caution, although he was in receipt of legal aid. He said that he had had regard to the nature of the action and the pleadings, as well as to the fact that he was an undischarged bankrupt and had failed to pay the expenses awarded against him in a previous action.
Held: A decision to order caution was one for the court’s discretion and a Lord Ordinary’s discretion will only be overturned on appeal if its exercise was so unreasonable that no reasonable Lord Ordinary properly directed would have so decided. Evidence of impecuniosity was relevant, as was unreasonable behaviour and the fact that the pleadings did not disclose any arguable case.
Lord Fraser recommended reform of Scottish law with regard to supervision of administrative decisions.
Lord Fraser said: ‘It would clearly be wrong that a litigant with a stateable case should in effect be excluded from the court by an order with which he could not comply, unless in exceptional circumstances’ though in a case which is devoid of merits, that point loses most of its importance.

Judges:

Lord Fraser of Tullybelton

Citations:

1983 SC (HL) 50

Jurisdiction:

England and Wales

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Anderson v Shetland Islands Council and Another SC 29-Feb-2012
The claimant sought leave to appeal. Each party now sought security for costs against the other. Her action related to water damage to her house said to have been caused by road mprovements and building works erected by and with the approval of the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative, Litigation Practice

Updated: 06 May 2022; Ref: scu.448085

Regina v Chief Immigration Officer, Heathrow Airport, Ex parte Salamat Bibi: CA 1976

Lord Denning MR said that: ‘Treaties and declarations do not become part of our law until they are made law by Parliament’.
Iin relation to the application of broad Convention principles in the context of immigration powers, he said: ‘I desire, however, to amend one of the statements I made in the Bhajan Singh case [1976] Q.B. 198, 207. I said then that the immigration officers ought to bear in mind the principles stated in the Convention. I think that that would be asking too much of the immigration Officers. They cannot be expected to know or to apply the Convention. They must go simply by the immigration rules laid down by the Secretary of State, and not by the Convention.’

Judges:

Roskill LJ, Lord Denning MR

Citations:

[1976] 1 WLR 979, [1976] 3 All ER 843

Jurisdiction:

England and Wales

Cited by:

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.

Administrative, International, Immigration

Updated: 05 May 2022; Ref: scu.272888

In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report.
Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for adults under a disability by letters patent or parens patriae had lapsed, but an inherent jurisdiction remained. Pending any statutory creation, the court would act through the common law doctrine of necessity. Here the action was required for protective rather than a custodial jurisdiction, and again the competing interests under the Convention had to be weighed. In both cases the requirements were met. For the children, and injunction was continued, and for the adults one was made. The balance came down in favour of protecting vulnerable adults by preventing publication of a local authority report: ‘They have had considerable and distressing disruption of their lives and are, as set out in the report, vulnerable. A period of peace, stability and a chance to settle down again after the very real upset of their lives is threatened by the likely intense media cover if this report is published. They are all under some disability but not such, as far as I know, as to prevent possibly all of them, but certainly at least 4 of them, from understanding the impact of press and other media intrusion. That intrusion would affect their daily lives and would be very likely to be disruptive, distressing and contrary to the need for them to settle back in the home. They clearly have rights under article 8 which are engaged and would be breached if the report is published. I am satisfied that publication of the report would be deeply damaging and detrimental to their welfare.
The factors supporting the rights of the vulnerable adults under article 8 have to be balanced against the right of the local authority to publish under article 10. I have found that it would be lawful on their behalf to interfere with the article 10 right of freedom of expression. I have considered very carefully whether to exercise the court’s discretion in favour of the vulnerable adults would be a disproportionate response to the contents of the report, having regard to the importance attached to article 10 by section 12 of the Human Rights Act 1998. I am also fully aware of the factors in favour of not restraining publication of volume 1. I am satisfied, however, that the balancing exercise comes down in favour of recognising the importance of the protection of the vulnerable adults by the granting of a declaration to that effect.’

Judges:

Dame Elizabeth Butler-Sloss P

Citations:

[2003] EWHC Fam 2746, Times 05-Dec-2003, Gazette 22-Jan-2004, [2004] EWHC 2746 (Fam), [2004] Fam 96, [2004] Fam Law 179, [2004] 1 FCR 113, [2004] 1 All ER 480, [2004] 2 WLR 926, (2004) 7 CCL Rep 426, (2004) 76 BMLR 210, [2004] BLGR 117, [2004] 1 FLR 541

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

England and Wales

Citing:

Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Lists of cited by and citing cases may be incomplete.

Children, Administrative, Media, Local Government, Human Rights, Information

Updated: 05 May 2022; Ref: scu.188626

Edwick v Sunbury-on-Thames Urban District Council: 1962

Judges:

Salmon J

Citations:

[1962] 1 QB 229

Jurisdiction:

England and Wales

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: 04 May 2022; Ref: scu.258741

Regina v Rochdale Metropolitan Borough Council, Ex parte Cromer Ring Mill Ltd: 1982

Forbes J considered a suggestion that the lower tribiunal had taken into account irrelevant matters: ‘the case wholly supports the formulation in Professor de Smith’s book: ‘If the influence of irrelevant factors is established, it does not appear to be necessary to prove that they were the sole or even the dominant influence; it seems to be enough to prove that their influence was substantial”

Judges:

Forbes J

Citations:

[1982] 3 All ER 761, [1982] RVR 113

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Broadcasting Complaints Commission, ex parte Owen CA 1985
The BBC is a creation of the Crown through the grant of a Charter in the exercise of the Royal Prerogative, and it exercises its functions under agreement with and licences from the Government. The court expressly declined to express a view on the . .
Cited – MR, Regina (on The Application of) v The Secretary of State for The Home Department Admn 10-Mar-2017
The claimant challenged the use of the Royal Prerogative to withdraw his passport. He had as a youth been involved with a terrorist organisation, but said that he now regretted that and was no longer so involved. He had sought to set up a business, . .
Lists of cited by and citing cases may be incomplete.

Administrative, Rating

Updated: 04 May 2022; Ref: scu.579650

Lord Alton of Liverpool and Others v Secretary of Dtate for the Home Department: POAC 30 Nov 2007

The Mujaheddin-e-Khalq had been proscribed under the 2000 Act by the respondent. It now appealed against such proscription.
Held: The organisation had in the past used terrorist methods, but had repeatedly now renounced the use of violence. The proscription could not be upheld.
Sir Harry Ognall said: ‘We have reached the clear conclusion that the Secretary of State had reasonable grounds for believing that the PMOI was responsible for the attacks listed and, more importantly, to conclude that the PMOI had carried out many attacks over an extended period of time and that the examples set out in Mr Fender’s witness statement demonstrated the range and severity of the terrorist activities in which the PMOI had historically been involved.’ However, there had been a significant change in the MeK’s activities dating from June 2001 onwards, and that the MeK could no longer be said to be concerned with terrorism within the meaning of section 3 of the Terrorism Act.’

Judges:

Sir Harry Ognall C, Boswell QC, Catchpole QC

Citations:

PC/02/2006

Links:

swarb.co.uk, statewatch

Statutes:

Terrorism Act 2000 3(3)(b)

Cited by:

See also at POAC – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
See Also – Lord Carlile and Others v Secretary of State for The Home Department Admn 16-Mar-2012
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an . .
See Also at POAC – Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department CA 20-Mar-2013
The applicants complained of the refusal of a visitors permit by the respondent to an eminent Iranian dissident.
Held: The appeal was dismissed. Although the decision was an interference in the human rights of the applicants, that . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 04 May 2022; Ref: scu.542207

Blackpool Corporation v Locker: CA 1948

The effect of the delegation of a power is that the power in question is exercisable by the delegate and no longer by the pricipal delegator.
Scott LJ discussed the rule that ignorance of the law is no excuse: The maxim that ignorance of the law does not excuse any subject represents the working hypothesis on which the rule of law rests in British democracy. That maxim applies in legal theory just as much to written as to unwritten law, i.e., to statute law as much as to common law or equity. But the very justification for that basic maxim is that the whole of our law, written or unwritten, is accessible to the public – in the sense, of course, that, at any rate, its legal advisers have access to it, at any moment, as of right’ . . ‘John Citizen’ should not be ‘in complete ignorance of what rights over him and his property have been secretly conferred by the minister’ as otherwise ‘For practical purposes, the rule of law . . breaks down because the aggrieved subject’s remedy is gravely impaired’.’

Judges:

Scott LJ

Citations:

[1948] 1 KB 349, [1948] 1 All ER 85

Jurisdiction:

England and Wales

Cited by:

Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by . .
Lists of cited by and citing cases may be incomplete.

Administrative, Agency

Updated: 04 May 2022; Ref: scu.540479

Regina v Registrar General, Ex parte Segerdal: QBD 1969

The Church of Scientology challenged the refusal of the Registrar General to register its chapel at East Grinstead as a place of meeting for religious worship.
Held: The challenge failed.

Judges:

Lord Parker CJ, Ashworth and Cantley JJ

Citations:

[1970] 1 QB 430

Statutes:

Places of Worship Registration Act 1855 2

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Registrar General, Ex parte Segerdal CA 1970
The Church of Scientology chapel at East Grinstead, Sussex was not a ‘place of meeting for religious worship’ within the meaning of section 2 of the 1855 Act since that would require reverence to a deity. The Church of Scientology’s services did not . .
Cited – Hodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Cited – Hodkin and Another, Regina (on The Application of) v Registrar General of Births, Deaths and Marriages Admn 19-Dec-2012
The claimants, both scientologists, wanted to be married as the London Church Chapel. The respondent had declined to register it as a place of worship under the 1855 Act.
Held: The claim failed. Scientology is a religion. Counsel for the . .
Lists of cited by and citing cases may be incomplete.

Family, Administrative, Ecclesiastical

Updated: 04 May 2022; Ref: scu.540526

Regina v Registrar General, Ex parte Segerdal: CA 1970

The Church of Scientology chapel at East Grinstead, Sussex was not a ‘place of meeting for religious worship’ within the meaning of section 2 of the 1855 Act since that would require reverence to a deity. The Church of Scientology’s services did not meet that test, and a valid ceremony of marriage could not be conducted there. The question of whether the services performed in the chapel are properly to be regarded as a form of religious worship is inevitably conditioned by whether Scientology is to be regarded as a religion.
Lord Denning asked whether the chapel was a place of meeting for religious worship within the meaning of the Act, saying: ‘We have had much discussion on the meaning of the word ‘religion’ and of the word ‘worship’, taken separately, but I think we should take the combined phrase, ‘place of meeting for religious worship’ as used in the statute of 1855. It connotes to my mind a place of which the principal use is as a place where people come together as a congregation or assembly to do reverence to God. It need not be the God which the Christians worship. It may be another God, or an unknown God, but it must be reverence to a deity. There may be exceptions. For instance, Buddhist temples are properly described as places of meeting for religious worship. But, apart from exceptional cases of that kind, it seems to me the governing idea behind the words ‘place of meeting for religious worship’ is that it should be a place for the worship of God. I am sure that would be the meaning attached by those who framed this legislation of 1855.’
As to how that might apply to the Church of Scientology: ‘Turning to the creed of the Church of Scientology, I must say that it seems to me to be more a philosophy of the existence of man or of life, rather than a religion. Religious worship means reverence or veneration of God or of a Supreme Being. I do not find any such reverence or veneration in the creed of this church . . When I look through the ceremonies and the affidavits, I am left with the feeling that there is nothing in it of reverence for God or a deity, but simply instruction in a philosophy. There may be belief in a spirit of man, but there is no belief in a spirit of God.’
Winn LJ said that he did not feel well qualified to discuss whether Scientology could properly be called a religion, but the evidence did not show to his mind that its adherents observed any form of worship. He explained what he meant by worship: ‘by no ‘worship’, if I am bound to define my terms, I mean to indicate that they do not humble themselves in reverence and recognition of the dominant power and control of any entity or being outside their own body and life.’
Buckley LJ said: ‘Worship I take to be something which must have some at least of the following characteristics: submission to the object worshipped, veneration of that object, praise, thanksgiving, prayer or intercession.’

Judges:

Lord Denning MR, Winn and Buckley LJJ

Citations:

[1970] 2 QB 697

Statutes:

Places of Worship Registration Act 1855 2

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Registrar General, Ex parte Segerdal QBD 1969
The Church of Scientology challenged the refusal of the Registrar General to register its chapel at East Grinstead as a place of meeting for religious worship.
Held: The challenge failed. . .

Cited by:

Overruled – Hodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Cited – Hodkin and Another, Regina (on The Application of) v Registrar General of Births, Deaths and Marriages Admn 19-Dec-2012
The claimants, both scientologists, wanted to be married as the London Church Chapel. The respondent had declined to register it as a place of worship under the 1855 Act.
Held: The claim failed. Scientology is a religion. Counsel for the . .
Lists of cited by and citing cases may be incomplete.

Family, Administrative, Ecclesiastical

Updated: 04 May 2022; Ref: scu.540525

Rex v Leman Street Police Station Inspector, ex parte Venicoff: 1920

The Aliens Order of 1919 empowered the Secretary of State to make a deportation order against an alien if he deemed it to be conducive to the public good. The Home Secretary had expressed no concluded view that the critical allegations, namely taking women to a foreign country for the purpose of exploiting them and deriving money from their prostitution, were true. It was contended that the Home Secretary could not lawfully make the order without holding an enquiry.
Held: The Home Secretary is not bound to hear representations on behalf of a proposed deportee, even though, in practice he may do so. It was not for the court to pronounce whether the making of the order was or was not for the public good and further that: ‘in dealing with a regulation such as that with which we are now concerned the value of the order would be considerably impaired if it could be made only after holding an inquiry, because it might very well be that the person against whom it was intended to make a deportation order would, the moment he had notice of that intention, take care not to present himself and would take steps to evade apprehension. I therefore come to the conclusion that the Home Secretary is not a judicial officer for this purpose, but an executive officer bound to act for the public good, and it is left to his judgment whether upon the facts before him it is desirable that he should make a deportation order.’

Judges:

Earl of Reading CJ

Citations:

[1920] 3 KB 72, [1920] All ER 157

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Governor of Brixton Prison, ex parte Soblen CA 1963
Lord Denning MR discussed a decision to deport the applicant. The validity of the Minister’s act: ‘depends on the purpose with which the act is done.: ‘If it was done for an authorised purpose, it was lawful. If it was done professedly for an . .
Cited – 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.

Immigration, Administrative

Updated: 04 May 2022; Ref: scu.516249

Watt v Lord Advocate: 1979

Lord President Emslie said: ‘it seems clear that, however much this is to be regretted, the Court Session has never had power to correct an intra vires error of law made by a statutory tribunal or authority exercising statutory jurisdiction. As Lord Justice Clerk Moncrieff said in Lord Advocate v Police Commissioners of Perth (1869) 8 M 244 at p 245 – ‘In the ordinary case it would now, I think, be held that where statutory powers are given, and a statutory jurisdiction is set up, all other jurisdictions are excluded’ There is no indication in any subsequent authority that this view has been doubted or even questioned and I entirely agree with the Lord Ordinary for the reasons which he gives that the fact that the Court of Session may have exercised a comprehensive corrective jurisdiction over determinations of parochial aid in the 18th and early 19th Centuries does not in any way support the existence of a jurisdiction in this court to correct errors by a statutory tribunal in the due performance of its statutory duties.’

Judges:

Lord President Emslie

Citations:

1979 SC 120

Cited by:

Cited – EBA v Advocate General for Scotland SC 21-Jun-2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative

Updated: 04 May 2022; Ref: scu.444530

Regina v Secretary of State for Trade and Industry, ex parte Greenpeace Ltd: Admn 1998

The court considered the need for speedy action in challenging planning decisions, and the need not to wait for the last available day. A review request should be directed at the decision properly under challenge. Laws J held: ‘In Gooding and Adams there were concrete decisions, not just a ‘continuing practice’, which were undoubtedly susceptible to the judicial review jurisdiction and which on the face of their pleadings the applicants sought to assault. Yet in each case the court held there was delay arising out of the applicants’ failure to challenge an earlier executive act or acts. These authorities do not enter into any analysis of the proper construction of Order 53, r.4(1), but as it seems to me they lend implicit support to the approach urged by the respondents, and I would construe the rule accordingly. In my judgment, however, even if Order 53, r.4(1) is to be interpreted more conservatively, so that ‘the date when grounds . . first arise’ is never earlier than the date when the impugned decision is taken, Eurotunnel, Gooding and Adams exemplify a common principle, whose nature is not dependent upon an appeal to the rules relating to delay. It is that a judicial review applicant must move against the substantive act or decision which is the real basis of his complaint. If, after that act has been done, he takes no steps but merely waits until something consequential and dependent upon it takes place and then challenges that, he runs the risk of being put out of court for being too late.[Counsel for the applicant] did not seek to deny that there exists a discretion to refuse leave, or relief, in such a case whether or not it falls within the terms of Order 53, r.4(1) or section 31(6). This is an inevitable function of the fact that the judicial review court, being primarily concerned with the maintenance of the rule of law by the imposition of objective legal standards upon the conduct of public bodies, has to adapt a flexible but principled approach to its own jurisdiction. Its decisions will constrain the actions of elected government, sometimes bringing potential uncertainty and added cost to good administration. And from time to time its judgments may impose heavy burdens on third parties. This is a price which often has to be paid for the rule of law to be vindicated. But because of these deep consequences which touch the public interest, the court in its discretion – whether so directed by rules of court or not – will impose a strict discipline in proceedings before it. It is marked by an insistence that applicants identify the real substance of their complaint and then act promptly, so as to ensure that the proper business of government and the reasonable interests of third parties are not overborne or unjustly prejudiced by litigation brought in circumstances where the point in question could have been exposed and adjudicated without unacceptable damage. The rule of law is not threatened, but strengthened, by such a discipline. It invokes public confidence and engages the law in the practical world. And it is administered, of course, case by case’.

Judges:

Laws J

Citations:

[1998] Env LR 415

Cited by:

Cited – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 7-Feb-2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the . .
Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review

Updated: 02 May 2022; Ref: scu.428515

Smith v Clay: 10 May 1767

Bill of review for error apparent will not lie after twenty years from the making of the decree. The time runs from the decree, not from the inrolment.

Citations:

[1767] EngR 54, (1767) Amb 645, (1767) 27 ER 419

Links:

Commonlii

Cited by:

See Also – Smith v Clay 10-May-1767
Long Delay in Application Debarred Remedy
Review was sought of a decree pronounced some thirty or forty years before. The defect was apparent on the face of the record.
Held: The review was barred by the length of time elapsed.
Lord Camden LC applied the doctrine of laches, . .
Lists of cited by and citing cases may be incomplete.

Equity

Updated: 02 May 2022; Ref: scu.374833

Ex Parte Newton: 19 Apr 1855

The Attorney General having refused his fiat for a writ of error to a defendant convicted of a misdemeanour Held, that in a proper case, the fiat was due ex debito justitia; but that the Attorney General was to determine, on his owri responsibility, whether or not each case was proper ; and that this Court could not review his decision.

Citations:

[1855] EngR 353, (1855) 4 El and Bl 869, (1855) 119 ER 323

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

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

Administrative

Updated: 02 May 2022; Ref: scu.292275

Fernandes v Secretary of State: CA 1981

Article 8 of the Convention was relied upon by the appellant to resists his return.
Held: The Secretary of State in exercising his statutory powers was not obliged to take into account the provisions of the Convention, it not being part of the law of this country. The Convention is a treaty and may be resorted to in order to help resolve some uncertainty or ambiguity in municipal law.

Citations:

[1981] Imm AR 1

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

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.

Immigration, Administrative, Constitutional, Human Rights

Updated: 01 May 2022; Ref: scu.272889

ISKCON v United Kingdom: ECHR 8 Mar 1994

(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an inspector the Secretary of State largely confirmed the enforcement notice. The High Court and the Court of Appeal rejected ISKCON’S appeal. On a complaint under the Convention the Commission recalled that an appeal under section 289 of the Town and Country Planning Act 1990 lay only on a point of law but it took into account that the local authority could only take proceedings within the limits of section 174 of that Act and that in accordance with its own structure plans and the policy guidance laid down by the Secretary of State ISKCON could then seek a determination as to whether the legal requirements had been met.
Held: The Commission concluded: ‘The Commission recalls that the High Court dealt with each of ISKCON’S grounds of appeal on its merits, point by point, without ever having to decline jurisdiction. Moreover, it was open to ISKCON to contend in the High Court that findings of fact by the inspector and/or the Secretary of State were unsupported by evidence, as they could have argued that the administrative authorities failed to take into account an actual fact or did take into account an immaterial fact. Finally, the High Court could have interfered with the administrative authorities’ decisions if those decisions had been irrational having regard to the facts established by the authorities.
It is not the role of article 6 of the Convention to give access to a level of jurisdiction which can substitute its opinion for that of the administrative authorities on questions of expediency and where the courts do not refuse to examine any of the points raised; article 6 gives a right to a court that has ‘full jurisdiction’ (cf [Zumtobel v Austria (1993) 17 EHRR 116, para 32]).’

Citations:

20490/92, (1994) 18 EHRR CD 133

Statutes:

European Convention on Human Rights 6, Town and Country Planning Act 1990

Cited by:

Cited – Heald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Planning, Administrative

Updated: 01 May 2022; Ref: scu.251597

Corbett v Restormel Borough Council and Land and Property Limited: CA 8 Aug 1997

Judges:

Schiemann LJ, Sedley LJ, Blackburne J

Citations:

[1997] EWCA Civ 330

Jurisdiction:

England and Wales

Cited by:

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

Planning, Administrative

Updated: 01 May 2022; Ref: scu.245314

Sharp v Wakefield: HL 1891

Lord Halsbury LC considered the power of the duty of magistrates to consider the wants or needs of the neighbourhood and the nature of discretion: ‘discretion means, when it is said that something is to be done within the discretion of the authorities, that that discretion is to be done according to the rules of reason and justice, not according to private opinion: . . according to law, and not humour. It is to be not arbitrary, vague and fanciful, but legal and regular. And it must be exercised within the limit, to which an honest man competent to the discharge of his office ought to confine himself.’

Judges:

Lord Halsbury LC

Citations:

[1891] AC 173

Jurisdiction:

England and Wales

Cited by:

Cited – Rogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 01 May 2022; Ref: scu.238558

EC Gransden and Co Ltd and Falkbridge Ltd v Secretary of State for the Environment: QBD 1985

If a decision maker intends to depart from any relevant policy, he must give clear reasons for doing so, in order that the person affected should know why the decision was being made as an exception to the policy and the grounds upon which the decision was actually made. In order to have proper regard to a policy, it is essential that the policy is properly understood by the decision-maker, otherwise the decision will be as defective as would be the case if no regard had been paid to the policy in question.
Government policy would often be a material consideration in planning decisions.

Judges:

Woolf J

Citations:

(1985) 54 PandCR 86, [1986] JPL 519

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .
Cited – Gill, Regina (on The Application of) v Secretary of State for Justice Admn 26-Feb-2010
Failure to provide programme discriminated
The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and . .
Cited – Milner, Regina (on The Application of) v South Central Strategic Health Authority Admn 11-Feb-2011
The claimant sought to challenge the way the defendant had reached its decision to add flouride to the water supply, in having failed to comply with the requirements for consultation.
Held: The claim failed. The Regulations as enacted differed . .
Cited – Milner, Regina (on The Application of) v South Central Strategic Health Authority Admn 11-Feb-2011
The claimant sought to challenge the way the defendant had reached its decision to add flouride to the water supply, in having failed to comply with the requirements for consultation.
Held: The claim failed. The Regulations as enacted differed . .
Cited – Hinds, Regina (on The Application of) v Blackpool Council Admn 17-Mar-2011
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. . .
Cited – Tesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 01 May 2022; Ref: scu.238557

CREEDNZ Inc v The Governor General: 1981

(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly identifies considerations required to be taken into account by the authority as a matter of legal obligation that the Court holds a decision invalid on the ground now invoked. It is not enough that the consideration is one that may properly be taken into consideration, nor even that it is one which many people, including the Court itself, would have taken into account if they had to make the decision.’ though ‘there will be some matters so obviously material to a decision on a particular project that anything short of direct consideration of them by the Ministers . . would not be in accordance with the intention of the Act.’

Judges:

Cooke J

Citations:

[1981] 1 NZLR 172

Cited by:

Approved – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Lambeth London Borough Council v Ireneschild CA 16-Mar-2007
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Cited – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 7-Feb-2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Administrative

Updated: 01 May 2022; Ref: scu.238393

Safeway Food Stores Ltd v Scottish Provident Institution: 1989

Citations:

1989 SLT 131

Jurisdiction:

Scotland

Cited by:

Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 01 May 2022; Ref: scu.237568

Connor v Strathclyde Regional Council: 1986

Citations:

1986 SLT 530

Jurisdiction:

Scotland

Cited by:

Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 01 May 2022; Ref: scu.237567

West v Secretary of State for Scotland: SCS 1992

The court asked what was to be considered to be truly an application to the supervisory jurisdiction of the court.
Held: Lord President (Hope): ‘The public or private nature of the inferior body or tribunal is not decisive, nor is it necessary to enquire whether the decision of the inferior body or tribunal is administrative in character. The essential point is that a decision-making function has been entrusted to that body or tribunal which it can be compelled by the court to perform. As counsel for the respondent pointed out, the tripartite relationship in these arrangements is significant. The essential feature of all these cases is the conferring, whether by statute or private contract, of a decision-making power or duty on a third party to whom the taking of the decision is entrusted but whose manner of decision-making may be controlled by the court.’
The competency of an application to the supervisory jurisdiction ‘does not depend upon any distinction between public law and private law, nor is it confined to those cases which English law has accepted as amenable to judicial review…’.

Judges:

Lord President (Hope)

Citations:

1992 SC 385

Cited by:

Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act.
Held: The prisoner had followed through his rights to . .
Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Scotland, Administrative

Updated: 01 May 2022; Ref: scu.237558

Lawson v Registrar General: 1956

An application was made for disclosure by the Registrar of his records so that an adopted child could be contacted and informed of a significant legacy to which she would be entitled.
Held: Disclosure of such records was severely restricted, but could be made where it would be in the child’s best interests. This would be one such category of case.

Citations:

(1956) 105 LJ 204

Cited by:

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

Adoption, Administrative

Updated: 30 April 2022; Ref: scu.230135

The European Gateway: 1987

The court considered what use should be made by a court of a previous stautory inquiry. After referring to Waddle: ‘It is sufficient if I observe that I do not consider that this dictum (which goes to the admissibility of the report of a wreck inquiry) is inconsistent in any way with my view of the weight that should be attached to such a report.’

Judges:

Steyn J

Citations:

[1987] 1 QB 206

Citing:

Approved – Waddle v Wallsend Shipping Co Ltd 1952
The court considered the relationship between the findings of an inquiry and later judicial proceedings: ‘I think that the competent authorities might consider whether the useful purposes that wreck inquiries serve would not be increased if the . .

Cited by:

Cited – Secretary of State for Education and Skills v Mairs Admn 25-May-2005
The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 30 April 2022; Ref: scu.228502

Calder Gravel Ltd v Kirklees Metropolitan Borough Council: 1989

The plaintiff’s predecessor in title had applied in 1946 for planning permission. The authority approved the application and for nearly 40 years all concerned had proceeded on the basis that outline planning permission had been granted. In 1984 the defendant council contended that in the absence of a document containing a formal grant no valid permission could have been granted. A fresh application for permission was refused and the plaintiffs therefore sought a declaration that there had been a valid grant of permission in 1946 under a document that had since been lost. The Vice-Chancellor heard evidence of the circumstances in which the application had been made and the manner in which the parties had acted in the intervening period. The evidence was not satisfactory on either side and he was unable to make a firm finding either that there had, or had not, been a formal grant of permission contained in a document that had since been lost. In those circumstances he considered it proper to resort to the presumption of regularity which he described in the following terms: ‘But in certain cases the law raises a presumption . . The presumption is that when there has been a long-term enjoyment of a right which can only have come into existence by virtue of a grant or some other legal act, then the law presumes, in the absence of proof to the contrary, that there was a lawful origin. This is the historical basis from which the doctrine of lost modern grant was developed in relation to easements. Given the long enjoyment of a right of way, then the court presumed the existence of a grant of the right of way. I am not for a moment suggesting that the technicalities and indeed the legal consequences applicable to lost modern grant in the law of easements are applicable to the present case; they are not. The legal basis though is the same, namely a presumption from long enjoyment. The same presumption of regularity can arise where the validity of an act done by a public authority depends on the existence of a state of facts which cannot, with the passage of time, be proved. The presumption is that the statutory authority has acted lawfully and in accordance with its duty.’

Judges:

Sir Nicolas Browne-Wilkinson V.-C

Citations:

(1989) 60 P and CR 322

Jurisdiction:

England and Wales

Cited by:

Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority CA 17-Jun-2005
In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 30 April 2022; Ref: scu.228574

Bradley v Jockey Club: QBD 2004

The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public law terms, and which operated as a regulator within the sport. The claim was put under the common law doctrine of restraint of trade on a non-contractual basis.
Held: After a careful review of the supervisory function of the respondent, the claim was dismissed. In looking at its task, ‘The function of the court is not to take the primary decision but to ensure that the primary decision-maker has operated within lawful limits . . the essential concern should be with the lawfulness of the decision taken: whether the procedure was fair, whether there was any error of law, whether any exercise of judgment or discretion fell within the limits open to the decision maker, and so forth . . .’ and ‘the issue in the present case is not one of procedural fairness but concerns the proportionality of the penalty imposed. To my mind, however, that underlines the importance of recognising that the court’s role is supervisory rather than that of a primary decision-maker. The test of proportionality requires the striking of a balance between competing considerations. The application of the test in the context of penalty will not necessarily produce just one right answer: there is no single ‘correct’ decision. Different decision-makers may come up with different answers, all of them reached in an entirely proper application of the test. In the context of the European Convention on Human Rights it is recognised that, in determining whether an interference with fundamental rights is justified and, in particular, whether it is proportionate, the decision-maker has a discretionary area of judgment or margin of discretion. The decision is unlawful only if it falls outside the limits of that discretionary area of judgment. Another way of expressing it is that the decision is unlawful only if it falls outside the range of reasonable responses to the question of where a fair balance lies between the conflicting interests’

Judges:

Richards J

Citations:

[2004] EWHC 2164 (QB)

Citing:

Cited – Modahl v British Athletic Federation Limited CA 28-Jul-1997
Lord Woolf MR said: ‘The question of whether a complaint about the conduct of a disciplinary committee gives rise to a remedy in public law or private law or is often difficult to determine. However the complaint in both cases would be based on an . .
Cited – McInnes v Onslow-Fane ChD 1978
The applicant had been granted a boxing manager’s licence for several years. He appealed its refusal now over a few years.
Held: The case was in the application for a licence rather than in a forfeiture or an expectation class, and there was . .

Cited by:

Appeal from – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Cited – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Applied – Chambers v British Olympic Association QBD 18-Jul-2008
The claimant, a former Olypmic sprinter had now competed a ban after being found to have taken banned drugs. He had returned to the sprort but now challenged the policy of the respondent not to allow for consideration of the Olympic team, athletes . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 30 April 2022; Ref: scu.228578

Condon v Commissioner of Taxation: 2000

(Federal Court of Australia) The idea of ‘disclosure’ of something to a person who already knew or was deemed to know was conceptually impossible.

Citations:

[2000] FCA 1291

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: 30 April 2022; Ref: scu.223213

Minister for Aboriginal Affairs and another v Peko-Wallsend Limited and others: 1986

(High Court of Australia) The ground of failure to take into account a relevant consideration can only be made out if a decision-maker fails to take into account a consideration which he is bound to take into account in making that decision. If the discretion at issue is unconfined by the terms of the statute, the court will not find the decision-maker is bound to take a particular matter into account unless an implication that he is bound to do so is to be found in the subject-matter, scope and purpose of the Act. ‘Of course the Minister cannot be expected to read for himself all the relevant papers that relate to the matter. It would not be unreasonable for him to rely on a summary of the relevant facts furnished by the officers of his Department. No complaint could be made if the departmental officers, in their summary, omitted to mention a fact which was insignificant or insubstantial. But if the Minister relies entirely on a departmental summary which fails to bring to his attention a material fact which he is bound to consider, and which cannot be dismissed as insignificant or insubstantial, the consequence will be that he will have failed to take that material fact into account and will not have formed his satisfaction in accordance with law.’ Mason J: ‘It would be a strange result indeed to hold that the Minister is entitled to ignore material of which he has actual or constructive knowledge and which may have a direct bearing on the justice of making the land grant, and to proceed instead on the basis of material that may be incomplete, inaccurate or misleading. In one sense this conclusion may be seen as an application of the general principle that an administrative decision-maker is required to make his decision on the basis of material available to him at the time the decision is made. But that principle is itself a reflection of the fact that there may be found in the subject-matter, scope and purpose of nearly every statute conferring power to make an administrative decision an implication that the decision is to be made on the basis of the most current material available to the decision-maker.’ Brennan J: ‘A decision-maker who is bound to have regard to a particular matter is not bound to bring to mind all the minutiae within his knowledge relating to the matter. The facts to be brought to mind are the salient facts which give shape and substance to the matter: the facts of such importance that, if they are not considered, it could not be said that the matter has been properly considered.’

Judges:

Gibbs C.J, Mason, Brennan, Deane and Dawson JJ

Citations:

(1986) 162 CLR 24

Links:

Austlii

Cited by:

Cited – National Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Administrative

Updated: 30 April 2022; Ref: scu.222915

Rex v Plowright: 1686

The collectors of chimney tax distrained on the landlord of a cottage. The applicable Act provided that any question about such distress should be ‘heard and finally determined by one or more justices . . ‘ The decision of the justices was in error on its face, and did not state sufficient grounds to make the landlord liable.
Held: The court issued an order of certiorari to quash the determination: ‘The statute doth not mention any certiorari, which shows that the intention of the law-makers was, that a certiorari might be brought, otherwise they would have enacted, as they have done by several other statutes, that no certiorari shall lie. Therefore the meaning of the Act must be, that the determination of the justices of the peace shall be final in matters of fact only . . .’

Citations:

(1686) 3 Mod Rep 94

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 . .
Approved – Grenville v Royal College of Physicians 1700
. .
Lists of cited by and citing cases may be incomplete.

Administrative, Magistrates

Updated: 30 April 2022; Ref: scu.222190

Regina v National Insurance Commissioners, ex parte Timmis: QBD 1954

A decision of the Commisioners was said by statute to be final, an accordingly certiorari was not available.

Citations:

[1954] 2 All ER 292

Jurisdiction:

England and Wales

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: 30 April 2022; Ref: scu.222197

Smith’s Case: 1670

An order of the Commissioners of Sewers was brought before the court. The commissioners pointed to a statute which provided that they should not be compelled to certify or return their proceedings.
Held: The contention was rejected: ‘Yet it was never doubted, but that this court might question the legality of their orders notwithstanding: and you cannot oust the jurisdiction of this court without particular words in Acts of Parliament. There is no jurisdiction that is uncontrollable by this court.’

Judges:

Kelynge CJ

Citations:

(1670) 1 Mod Rep 44

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 . .
Approved – Grenville v Royal College of Physicians 1700
. .
Lists of cited by and citing cases may be incomplete.

Utilities, Administrative

Updated: 30 April 2022; Ref: scu.222189

Doe d. Bishop of Rochester v Bridges: 1831

Where a new obligation is created by statute which at the same time provides a special means of enforcing it, that performance cannot be enforced in any other manner.
Lord Tenterden said: ‘where an Act creates an obligation and enforces the performance in a specified manner, we take it to be a general rule that performance cannot be enforced in any other manner.’

Judges:

Lord Tenterden CJKB

Citations:

(1831) 1 B and Ad 847, [1831] EngR 57, (1831) 109 ER 1001

Links:

Commonlii

Cited by:

Cited – Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney CA 19-Nov-1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
Approved – Pasmore v Oswaldtwistle Urban District Council HL 1898
Where an Act creates an obligation, and enforces the performance in a specified manner, it is a general rule that performance cannot be enforced in any other manner.
Earl of Halsbury LC said: ‘The principle that where a specific remedy is given . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 30 April 2022; Ref: scu.221529

Lonrho plc v Tebbit: CA 1992

The company became involved in a takeover bid. It was referred to the Monopolies Commision, and the buyer undertook not to increase his shareholding pending the report. In the meantime another buyer acquired a majority shareholding. The buyer had not been released from his undertaking even though it had been found that his proposed take-over would not be contrary to the public interst. The buyer had therefore been prevented from acquiring a majority interest and claimed damages in negligence from the defendant Secretary of State. The defendant appealed a refusal to strike out the claim.
Held: The buyer had a clear private interest in being released from his undertaking immediately it became unnecessary, and the defendant owed a duty in private law to him to exercise reasonable care. The claim in private law was properly commenced by writ.

Citations:

[1992] 4 All ER 280

Jurisdiction:

England and Wales

Citing:

Applied – 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 – Lonrho plc v Fayed HL 2-Jan-1991
In a conspiracy, the intent to injure need not be the primary intent, but there must be some intent which involves the conspiring parties directing their minds towards the victim or a category of persons which would include the victim as a target to . .
Lists of cited by and citing cases may be incomplete.

Administrative, Negligence

Updated: 30 April 2022; Ref: scu.214293

Regina v Commissioner of Racial Equality Ex parte Hillingdon London Borough Council: HL 1982

The House considered what would amount to a procedural unfairness in a meeting of a public body: ‘Where an Act of Parliament confers upon an administrative body functions which involve its making decisions which affect to their detriment the rights of other persons or curtail their liberty to do as they please, there is a presumption that Parliament intended that the administrative body should act fairly towards those persons who will be affected by their decisions.’

Judges:

Diplock L

Citations:

[1982] AC 779

Jurisdiction:

England and Wales

Cited by:

Cited – Tromans, Regina (on the Application of) v Cannock Chase District Council and Another CA 28-Jul-2004
It was alleged that there had been a miscounting of votes in the planning committee, or that they had come to an equality of votes. There were no procedures in place to resolve the impasse.
Held: In the absence of directly applicable . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 30 April 2022; Ref: scu.200218

Regina (Conlon) v Secretary of State for the Home Department: 11 Dec 2000

Judges:

Thomas J

Citations:

Unreported, 11 December 2000

Jurisdiction:

England and Wales

Cited by:

Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 29 April 2022; Ref: scu.196537

Auckland Harbour Board v The King: PC 1924

The making of ex gratia payments is lawful if, but not unless, there is Parliamentary authority for the disbursements: ‘It has been a principle of the British constitution now for more than two centuries . . that no money can be taken out of the consolidated fund into which the revenues of the State have been paid, excepting under a distinct authorisation from Parliament itself.”

Judges:

Viscount Haldane

Citations:

[1924] AC 318

Jurisdiction:

England and Wales

Cited by:

Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Cited – Re Law Society of Northern Ireland QBNI 9-Sep-2004
The Law Society of Northern Ireland sought an order to quash a letter from the new NI Legal Service Commission declining to implement the remuneration rates set by the Society. There had been no review of charging rates by the commission for some . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 29 April 2022; Ref: scu.196539

Simplex GE (Holdings) Limited v Secretary of State: CA 1988

A decision should in general be quashed if by way of error a relevant consideration is not taken into account or an irrelevant consideration is taken into account unless the decision-maker was bound on the facts to have reached the same conclusion if the error had not occurred.

Judges:

Purchas LJ

Citations:

[1989] 3 PLR 25, (1988) 57 Cand PR 306

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Broadcasting Complaints Commission, ex parte Owen CA 1985
The BBC is a creation of the Crown through the grant of a Charter in the exercise of the Royal Prerogative, and it exercises its functions under agreement with and licences from the Government. The court expressly declined to express a view on the . .

Cited by:

Cited – Fisher and Another v English Nature Admn 4-Jul-2003
The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the . .
Cited – Hinds, Regina (on The Application of) v Blackpool Council Admn 17-Mar-2011
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. . .
Cited – MR, Regina (on The Application of) v The Secretary of State for The Home Department Admn 10-Mar-2017
The claimant challenged the use of the Royal Prerogative to withdraw his passport. He had as a youth been involved with a terrorist organisation, but said that he now regretted that and was no longer so involved. He had sought to set up a business, . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 29 April 2022; Ref: scu.186086

Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959

There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down that the subject’s recourse to Her Majesty’s courts for the determination of his rights in not to be excluded except by clear words. That is a ‘fundamental rule’ from which I would not for my part sanction any departure.’

Judges:

Viscount Simonds, Lord Goddard

Citations:

[1960] AC 260, [1959] 3 All ER 1

Jurisdiction:

England and Wales

Citing:

Appeal from – Pyx Granite Co Ltd v Minister of Housing and Local Government CA 1958
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites.
Held: Conditions attached to the planning permission relating to such matters as the times when . .

Cited by:

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 . .
Approved – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – 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 – A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
Cited – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Cited – Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs CA 31-Mar-2010
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the . .
Cited – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative, Constitutional

Updated: 29 April 2022; Ref: scu.185845

Regina v Durham County Council, ex parte Robinson: 31 Jan 1992

The applicant sought to challenge the decision of the local authority to terminate his stallholder’s licence. The parties had agreed that a sufficient element of public law was involved to give the court jurisdiction to review the decision.
Held: It was not open to the parties to create jursidiction for the court. No sufficient element of public law was involved and a review was refused.

Judges:

Pill J

Citations:

Times 31-Jan-1992

Cited by:

Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review

Updated: 29 April 2022; Ref: scu.185802

Rands v Oldroyd: 1959

The ejusdem generis rule is, at best, a very secondary guide to the meaning of a statute. The all-important matter is to consider the purpose of the statute. A statute preventing a civil servant contracting for his employers with a company in which he had an interest, should be interpreted strictly.

Citations:

[1959] 1 QB 209

Cited by:

Cited – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – Wheatley and Another v The Commissioner of Police of the British Virgin Islands PC 4-May-2006
(The British Virgin Islands) The defendants appealed against convictions for theft and misconduct. Being civil servants they had entered in to contract with companies in which they had interests. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Administrative

Updated: 29 April 2022; Ref: scu.184381

Kingston London Borough Council v Environment Secretary: 1973

Planning was granted for the rebuilding of a railway station on condition that the land allocated for parking should be made available for such purposes at all times and used for no other purpose. The station was duly rebuilt but the car park was not provided. The local planning authority served an enforcement notice requiring compliance with the condition.
Held: The words of the statute clearly on their face entitle the local planning authority to impose conditions which affect land not the subject of the application itself and which go to the restriction of the past user or removal of existing work. Although they are wide it has been recognised for a long time that they are subject to certain restrictions. The two principal restrictions which the court had placed on those words are first that a condition is invalid as being contrary to law unless it is reasonably related to the development in the planning permission which has been granted: it must not be used for an ulterior purpose, and second a condition which is so clearly unreasonable that no reasonable planning authority could have imposed it may be regarded as ultra vires and contrary to law and treated as such in proceedings in this court

Judges:

Lord Widgery CJ

Citations:

[1973] 1 WLR 1549

Citing:

Cited – Pyx Granite Co Ltd v Minister of Housing and Local Government CA 1958
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites.
Held: Conditions attached to the planning permission relating to such matters as the times when . .

Cited by:

Cited – Buckinghamshire County Council v North West Estates plc and others ChD 31-May-2002
The planning authority sought injunctions for enforcement notices. The landowner argued that human rights law required the court when looking at such a request to look at the entire planning history.
Held: Although the court could look to a . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative

Updated: 29 April 2022; Ref: scu.183689

Ross v Costigan: 1982

(Australia) ‘In determining what is relevant to a Royal Commission inquiry, regard must be had to its investigatory character. Where broad terms of reference are given to it, as in this case, the commission is not determining issues between parties but conducting a thorough investigation into the subject matter. It may have to follow leads. It is not bound by rules of evidence. There is no set order in which evidence must be adduced before it. The links in a chain of evidence will usually be dealt with separately. Expecting to prove all the links in a suspected chain of events, the commission or counsel assisting, may nevertheless fail to do so. But if the commission bona fide seeks to establish a relevant connection between certain facts and the subject matter of the inquiry, it should not be regarded as outside its terms of reference by doing so. This flows from the very nature of the inquiry being undertaken.’ and ‘This does not mean, of course, that a commission can go off on a frolic of its own. However, I think a court if it has power to do so, should be very slow to restrain a commission from pursuing a particular line of questioning and should not do so unless it is satisfied, in effect, that the commission is going off on a frolic of its own. If there is a real as distinct from a fanciful possibility that a line of questioning may provide information directly or even indirectly relevant to the matters which the commission is required to investigate under its letters patent, such a line of questioning should, in my opinion, be treated as relevant to the Inquiry.’

Judges:

Ellicott J

Citations:

[1982] 41 ALR 319

Cited by:

Considered – Douglas and others v The Right Honourable Sir Lynden Oscar Pindling PC 13-May-1996
(Bahamas) A commission investigating the activities of a company, sought disclosure of its bankers records. The committee held that this was not a constitutional issue, and that leave to appeal as of right did not exist, but special leave was . .
Cited – Mount Murray Country Club Ltd and others v Commission of Inquiry Into Mount Murray and Another (1) PC 7-Jul-2003
(Isle of Man) The company appealed an order requiring disclosure of their tax documents to an enquiry. The enquiry into possible corruption had been ordered by the Tynwald.
Held: The provisions of the Act protecting tax documents from . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Administrative

Updated: 29 April 2022; Ref: scu.183477

Regina v Devon County Council, ex parte George: HL 1989

A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that of the local Authority exercising its administrative discretion in the circumstancs of each case. There was material before them to support their conclusion, and it could not be set aside. Lord Keith: ‘It is section 55(1) under which a local education authority provides free transport to and from school for pupils who reside outside the statutory walking distance. In the case of such pupils a local education authority would be acting unreasonably if it decided that free transport was unnecessary for the purpose of providing their attendance at school, because if it were not provided the parents of these pupils would be under no legal obligation to secure their attendance’.

Judges:

Lord Keith

Citations:

[1989] 1 AC 574, [1988] 3 WLR 1386

Statutes:

Education Act 1944 39(2)(c)(5) 55(1)

Jurisdiction:

England and Wales

Citing:

Approved – Surrey County Council v Ministry of Education 1953
The council had a scheme whereby for those who lived more than the walking distance from a school, only transport from their homes to the walking distance would be free. The scheme failed because transport has to be to and from school. A local . .

Cited by:

Cited – Regina v Vale of Glamorgan County Council ex parte J CA 27-Apr-2001
The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially . .
Cited – Jones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Cited – Regina v Islington London Borough Council, ex parte G A (a Child) Admn 20-Oct-2000
The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome.
Held: It was not open to . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 29 April 2022; Ref: scu.183060

ABCIFER v Secretary of State for Defence: 2002

Judges:

Scott Baker J

Citations:

[2002] EWHC 2119

Cited by:

Distinguished – Gurung, Pun and Thapa v Ministry of Defence QBD 27-Nov-2002
The applicants were British Nepalese soldiers who had been imprisoned by the Japanese in the second world war. They challenged the decision of the respondent in November 2000 to exclude them from a compensation scheme, but to allow other British . .
Appeal from – The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence CA 3-Apr-2003
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative

Updated: 28 April 2022; Ref: scu.179848

Grindley v Barker: 1798

Where a number of persons are entrusted with powers not of mere private confidence, but in some respect of a general nature, and all of them are regularly assembled, the majority will conclude the minority, and their act will be the act of the whole.

Judges:

Eyre CJ

Citations:

(1798) 1 Bos and Pul 875, [1798] EngR 112, (1798) 1 Bos and Pul 229, (1798) 126 ER 875 (B)

Links:

Commonlii

Cited by:

Cited – Regina v Central and North-West London Mental Health NHS Trust QBD 9-Dec-2002
The patient sought his discharge. A panel of three sat, but only two members voted for his release.
Held: The Act allowed a panel with a minimum quorum of three, but also required a minimum of three to vote in favour. The mere majority was . .
Cited – Regina on the Application of Tagoe-Thompson v the Hospital Managers of the Park Royal Centre CA 12-Mar-2003
The applicant, detained under the section by the respondent, appealed refusal of a judicial review and a writ of habeas corpus. He had applied for a review of his detention. The review had been heard by a panel of three. Two judged in his favour. . .
Cited – Picea Holdings Ltd v London Rent Assessment Panel QBD 1971
The court asked whether a rent assessment committee constituted under the Rent Act 1968 could act by a majority in determining a fair rent. Was the well established rule of law in Grindley controlled either by something expressed in this statute or . .
Lists of cited by and citing cases may be incomplete.

Administrative, Trusts

Updated: 28 April 2022; Ref: scu.179767

The Lord Chancellor, The Lord Chancellors Department v J Coker, M Osamor: EAT 17 Jan 2001

A special adviser was not a civil servant subject to the normal rules governing such, and nor was the appointment of that adviser. The appellant had chosen his special adviser without advertisement, and had chosen someone well known to him. The requirement was not only that someone be appointed who was known to the Chancellor, but also that it be someone in whom he had established trust and confidence. Equally the question of disproportionate impact was broader than the likely impact between men and women. That test had to be judged as within the pool of people who might satisfy the requirements of the post.
EAT Sex Discrimination – Inferring Discrimination

Judges:

The Honourable Lord Johnston

Citations:

Times 23-Jan-2001, EAT/820/99, EAT/819/99

Statutes:

Sex Discrimination Act 1975

Discrimination, Employment, Administrative

Updated: 28 April 2022; Ref: scu.171569

Regina (Howard and Another) v Secretary of State for Health: QBD 15 Mar 2002

The applicants sought orders that enquiries into the activities of doctors under the Act should be held in public.
Held: The Act contained no presumption that enquiries should be in public, and the Wagstaff case created no general principle to that effect. The right to free expression did not include the right to receive from others information they were unwilling to impart. It was for the Secretary of State to make a decision in each case, and his decisions stood.

Judges:

Justice Scott Baker

Citations:

Times 28-Mar-2002, Gazette 23-May-2002

Statutes:

National Health Service Act 1977 2, European Convention on Human Rights Art 10.1

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Health, Ex Parte Wagstaff etc QBD 31-Aug-2000
The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Lists of cited by and citing cases may be incomplete.

Administrative, Health Professions, Human Rights

Updated: 28 April 2022; Ref: scu.168067

Regina v Leicester Crown Court ex parte Kaur: Admn 30 Oct 1996

The claimant sought leave to bring judicial review of decision first to estreat her recognisance of andpound;150,000 and second not to deal with her complaint about the behaviour of the Crown Court.
Held: The request for a review was out of time. The decisions followed a finding that the applicant was both unreliable in her evidence and culpable in failing to ensure the attendance of her son for trial. The request was refused.

Judges:

Potts J

Citations:

[1996] EWHC Admin 170

Statutes:

Powers of Criminal Courts Act 1973 31(1)

Jurisdiction:

England and Wales

Criminal Practice, Administrative

Updated: 28 April 2022; Ref: scu.136718

Regina v Ministry of Agriculture Fisheries and Food and Another Ex Parte First City trading Etc: QBD 20 Dec 1996

EU law principles do not apply in domestic law unless implementing EU law. Laws J said that: ‘Wednesbury and European review are two different models – one looser, one tighter -of the same juridical concept, which is the imposition of compulsory standards on decision-makers so as to secure the repudiation of arbitrary power’.

Judges:

Laws J

Citations:

Times 20-Dec-1996, [1997] 1 CMLR 250

Cited by:

See Also – Regina v Ministry of Agriculture Fisheries and Food ex parte First City Trading Limited and Others Admn 26-Mar-1997
. .
See Also – Regina v Intervention Board for Agricultural Produce, ex parte First City Trading and others ECJ 29-Sep-1998
ECJ Reference for a preliminary ruling: High Court of Justice, Queen’s Bench Division – United Kingdom. Agriculture – Common organisation of the markets – Beef – Export refunds -Beef of British origin repatriated . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

European, Administrative

Updated: 28 April 2022; Ref: scu.87358

Regina (Toth) v Solicitors Disciplinary Tribunal: QBD 3 May 2001

An application to the Solicitors’ Disciplinary Tribunal could properly be referred to the Office for the Supervision of Solicitors before any finding had been made as to the presence of a prima facie case to answer. The purpose of the tribunal was not to settle a lis between the solicitor and complainant, but to settle the fitness of a solicitor to practise his profession, and the rules of the Tribunal should not be interpreted on that basis that that was their nature. Nevertheless, a reference must be for the purposes stated in the rules, namely so that a decision could be made as whether to lodge a further application against the respondent.

Citations:

Times 03-May-2001

Statutes:

Solicitors (Disciplinary Proceedings) Rules 1994 (1994 No 288) 28

Jurisdiction:

England and Wales

Legal Professions, Administrative

Updated: 28 April 2022; Ref: scu.86013

Regina v Tandbridge District Council and Another, Ex Parte Al-Fayed: CA 1 Feb 2000

A planning authority disallowed an objection to the erection of a mobile telephone transmitter. Although there had been an omission in the procedure followed by the council, it was clear that it had in fact considered the evidence put forward by the objector, and had made its decision in the light of that evidence. Objectively unjustified fears in a local community might be taken into account, but in this case they should not.

Citations:

Times 01-Feb-2000

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Tandridge District Council, ex parte Al-Fayed QBD 27-Jan-1999
A local authority should give great weight to authoritative scientific advice given by statutory bodies such as the Health and Safety Executive and National Radiological Protection Board as to the safety of proposed developments. . .

Cited by:

Appealed to – Regina v Tandridge District Council, ex parte Al-Fayed QBD 27-Jan-1999
A local authority should give great weight to authoritative scientific advice given by statutory bodies such as the Health and Safety Executive and National Radiological Protection Board as to the safety of proposed developments. . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Administrative, Planning

Updated: 28 April 2022; Ref: scu.85583

Regina v Broadcasting Complaints Commission Ex Parte British Broadcasting Corporation: QBD 14 Sep 1999

A limited company has no protection under provisions designed to protect the privacy of living individuals. No complaint could be founded on a film taken secretly but in a place to which the public had access which was designed to reveal improper practice even though no such practice was revealed.

Citations:

Times 14-Sep-1999

Statutes:

Broadcasting Act 1996

Jurisdiction:

England and Wales

Media, Administrative

Updated: 28 April 2022; Ref: scu.85150

Regina v Commissioner for Local Administration Ex P H (A Minor): QBD 8 Jan 1999

A court having once adjudicated on an issue, it was not open to the Local Government Ombudsman to re-investigate the matters. The availability of additional remedies including compensation did not set aside the general rule.

Citations:

Times 08-Jan-1999, Gazette 03-Feb-1999

Statutes:

Local Government Act 1974

Jurisdiction:

England and Wales

Administrative

Updated: 28 April 2022; Ref: scu.85189

Regina v Secretary of State for Health, Ex Parte Wagstaff etc: QBD 31 Aug 2000

The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an expectation had been created that it would be public, and that to hold it in private would infringe their article 10 rights.
Held: The tribunal was valid under the Act; the circumstances justified it, and the chairman was not subject to restrictions. It was appropriate to be held in public, but did not infringe the applicants’ human rights.

Judges:

Kennedy LJ

Citations:

Times 31-Aug-2000, Gazette 28-Sep-2000, [2001] 1 WLR 292

Statutes:

National Health Service Act 1977 2, European Convention on Human Rights 2 10

Cited by:

Cited – Regina (Howard and Another) v Secretary of State for Health QBD 15-Mar-2002
The applicants sought orders that enquiries into the activities of doctors under the Act should be held in public.
Held: The Act contained no presumption that enquiries should be in public, and the Wagstaff case created no general principle to . .
Cited – Regina (Persey and Others) v Secretary of State for Environment, Food and Rural Affairs Admn 15-Mar-2002
The applicants sought an order that the government enquiries into the foot and mouth outbreak should be held in public. They argued that the need to re-establish public faith made a decision not to hold the enquiries in public irrational, and that a . .
Cited – Khan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Human Rights, Constitutional, Health

Updated: 28 April 2022; Ref: scu.85487

Interporc Im- Und Export Gmbh v Commission of the European Communities Case T-92/98: ECFI 2 Feb 2000

The commission was entitled to claim legal privilege against disclosure of documents only as regards documents which were prepared solely for the purpose of the court proceedings, and other documents which came into existence independently of such proceedings must be disclosed. The Code of Conduct which purported to allow documents to be withheld in the public interest was ineffective to prevent such access.

Citations:

Times 02-Feb-2000

Jurisdiction:

European

Administrative

Updated: 28 April 2022; Ref: scu.82406

Barnard v Gorman: HL 1941

The court considered awarding costs in a judicial review case: ‘There will be no order as to costs in this House, as the Crown has very properly agreed (since this is a case of general importance, and the respondent is a poor man) to pay the costs of all parties in any event.’

Judges:

Viscount Simon LC

Citations:

[1941] AC 378

Jurisdiction:

England and Wales

Citing:

Cited – Bowditch v Balchin 1855
Pollock CB said: ‘In a case in which the liberty of a subject is concerned we cannot go beyond the natural construction of the statute.’ . .

Cited by:

Cited – Regina v Human Fertilisation and Embryology Authority ex parte DB Admn 17-Oct-1996
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent.
Held: Community Law does not assist the Applicant. The question had been . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative, Costs

Updated: 28 April 2022; Ref: scu.197895

Adams v Adams: 1971

Despite the lack of modern English authority applying the doctrine, it was still part of the English common law, that the acts of a de facto officer were validated. The de facto officer must have some basis for his assumption of office, variously expressed as ‘colourable title’ or ‘colourable authority’. The President declined to recognise a divorce decree granted in Rhodesia by a Judge who had been appointed under the Constitution adopted in 1965 after the Unilateral Declaration of Independence. The case did not fall within the de facto doctrine ‘even so widely stated’ as in State v Carroll because the circumstances of his appointment which made it invalid in the eyes of English law were very well known, indeed notorious. The President could find no trace of its ever being applied during a rebellion to accord recognition to the judicial or official acts or under a usurping power.

Judges:

Sir Jocelyn Simon P

Citations:

[1971] P 188

Jurisdiction:

England and Wales

Cited by:

Cited – Fawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 28 April 2022; Ref: scu.180989

Robinson v Commissioners of Customs and Excise: QBD 28 Apr 2000

Customs offered a reward for information, but the offer was clearly not a certainty, and there had been no intention to create a contractual or legal relationship. The informant had been clearly told that the decision as to the award would not be made by the officer, but by his superior in that officer’s discretion, and therefore no legal binding offer to make payment had been made.

Citations:

Times 28-Apr-2000

Jurisdiction:

England and Wales

Administrative, Contract, Customs and Excise

Updated: 28 April 2022; Ref: scu.88824

Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 5 Nov 2021

The claimants challenged what they said was the Defendants’ failure to protect residents of care homes in England from the risk of serious harm or death from COVID during the first wave of the pandemic between March and June 2020.

Judges:

Lord Justice Bean

Citations:

[2021] EWHC 2946 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Health, Administrative

Updated: 28 April 2022; Ref: scu.669257

Regina v Secretary of State for Health, ex parte Eastside Cheese Company: QBD 1 Dec 1998

An order made by the Secretary of State for a cheese manufacturer to cease production and to seize product without compensation as an emergency was disproportionate where the local officers had adequate power under section 9 under which compensation was payable.

Citations:

Times 01-Dec-1998

Statutes:

Food Safety Act 1990 13

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
Application for leave to appeal to House of Lords – refused. However ‘on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible . .

Cited by:

Appeal from – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. . .
See Also – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
Application for leave to appeal to House of Lords – refused. However ‘on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 28 April 2022; Ref: scu.87733

Bracking and Others v Secretary of State for Work and Pensions: CA 6 Nov 2013

Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund.
Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . equality duties are an integral and important part of the mechanisms for ensuring the fulfilment of the aims of anti-discrimination legislation.
2 . . An important evidential element in the demonstration of the discharge of the duty is the recording of the steps taken by the decision maker in seeking to meet the statutory requirements . .
3 The relevant duty is upon the Minister or other decision maker personally. What matters is what he or she took into account and what he or she knew. Thus, the Minister or decision maker cannot be taken to know what his or her officials know or what may have been in the minds of officials in proffering their advice . .
4 A Minister must assess the risk and extent of any adverse impact and the ways in which such risk may be eliminated before the adoption of a proposed policy and not merely as a ‘rearguard action’, following a concluded decision . .
5 ‘[G]eneral regard to issues of equality is not the same as having specific regard, by way of conscious approach to the statutory criteria. .
7 Officials reporting to or advising Ministers/other public authority decision makers, on matters material to the discharge of the duty, must not merely tell the Minister/decision maker what he/she wants to hear but they have to be ‘rigorous in both enquiring and reporting to them’

Judges:

Elias, Kitchin, McCombe LJJ

Citations:

[2013] EWCA Civ 1345, [2014] Eq LR 60

Links:

Bailii

Statutes:

Equality Act 2010 149

Jurisdiction:

England and Wales

Citing:

Appeal from – Bracking and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Another Admn 24-Apr-2013
‘The claimants are all severely disabled people who are current users of the Independent Living Fund (ILF). They seek judicial review of two decisions of the defendant Secretary of State. The first is the consultation engaged in between July and . .

Cited by:

Cited – Robson and Another, Regina (on The Application of) v Salford City Council CA 20-Jan-2015
The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Cited – MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions SC 9-Nov-2016
The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived . .
Cited – Rowley, Regina (on The Application of) v Minister for The Cabinet Office Admn 28-Jul-2021
Failure to Provide Signers was Discriminatory
The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the . .
Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative, Discrimination

Updated: 28 April 2022; Ref: scu.517456

Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another: CA 1 Dec 2020

Lockdown Measures not Ultra Vires the 1984 Act

The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They submitted that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds.
Held: The challenge failed: ‘the purpose of the amendments that were made in 2008 clearly included giving the relevant Minister the ability to make an effective public health response to a widespread epidemic such as the one that SARS might have caused and which [coronavirus] has now caused.’ None of the grounds suggested by the claimants were arguable, and the review was rejected.
The regulations themselves had now been repealed and others were in place, so the request was technically academic.
The powers taken were not ultra vires the Act. The Section of the 1984 Act gave wide powers to the Secretary of State to make regulations for the purposes of ‘preventing, protecting against, controlling or providing a public health response to the incidence or spread of infections or contamination’. That power was not to be limited by more particular provisions of subsections (3) and (4).
The court took the opportunity to comment about practice in judicial review cases, deprecating the developing practice of ‘rolling’ approaches to JR which upon appeal from rejection of a request for judicial review, sought amendments to add further elements to the request. This was particularly inappropriate where Statutory instruments were themselves fast evolving. Further, claimants now seemingly failed to comply with the Guide in restricting the complexity and prolixity of pleadings, and the Rules Committee should look at whether they needed to be strengthened.

Judges:

Lord Burnett of Maldon CJ, King LJ and Singh LJ

Citations:

[2020] EWCA Civ 1605, [2020] WLR(D) 654, (2021) 177 BMLR 35, [2021] 1 WLR 2326, [2021] 1 All ER 780

Links:

Bailii, WLRD

Statutes:

Public Health (Control of Disease) Act 1984 45C, Health Protection (Coronavirus, Restrictions)(England) Regulations 2020, Administrative Court Judicial Review Guide 2020 6.3.1.1

Jurisdiction:

England and Wales

Citing:

Applied – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Appeal from – Dolan and Others v Secretary of State for Health and Social Care and Another Admn 6-Jul-2020
Challenge to closures of schools and other provisions taken under the Regulations.
Held: The Secretary of State had the legal power to make the Regulations. In making and maintaining the Regulations, he had not fettered his discretion. He had . .
Cited – Guzzardi v Italy ECHR 6-Nov-1980
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently . .
Cited – Secretary of State for the Home Department v JJ and others HL 31-Oct-2007
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of . .
Cited – Director of Public Prosecutions v Ziegle and Others Admn 22-Jan-2019
Appeals by case stated from failures at trials of charges of obstructing the public highway in the course of protests at the opening of a Defence and Security fair.
Held: The DPP’s appeals were granted for the first four defendants but . .

Cited by:

Applied – Leigh and Others v Commissioner of The Police of The Metropolis and Another Admn 12-Mar-2021
No declaration to require police to allow vigil
The claimants requested an interim declaration so as to allow them to hold a peaceful vigil on Clapham Common in memory of the late Sarah Everard. They challenged the failure of the respondent to permit it as an exercise of their human rights.
Cited – Rowley, Regina (on The Application of) v Minister for The Cabinet Office Admn 28-Jul-2021
Failure to Provide Signers was Discriminatory
The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the . .
Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Administrative, Health, Human Rights, Judicial Review

Updated: 28 April 2022; Ref: scu.656501

Ali and Others, Regina (on The Application of) v Secretary of State for Justice: CA 27 Feb 2014

The court considered the compensation to be awarded after through a miscarriage of justice, a claimant had been imprisoned.

Judges:

Maurice Kay, Patten, Sharp LJ

Citations:

[2014] EWCA Civ 194, [2014] 1 WLR 3202, [2014] 2 All ER 1063, [2014] WLR(D) 103

Links:

Bailii, WLRD

Statutes:

Criminal Justice Act 1988 133

Jurisdiction:

England and Wales

Administrative

Updated: 27 April 2022; Ref: scu.521620

Regina v Dover Magistrates’ Court ex parte Norman Lionel Webb: CA 15 Jul 1999

Citations:

[1999] EWCA Civ 1858

Jurisdiction:

England and Wales

Citing:

Cited – Pedley v Dodds 1866
If all the words of a description are true and correctly describe a thing certain the court will not presume that there is any error so as to extend the meaning of the words to something not properly comprehended in the express words. In 1802 the . .
Appeal from – Regina v Dover Magistrates’ Court ex parte Webb Admn 18-Mar-1998
The defendant appealed against a forfeiture order, saying that it had been made under the 1990 Act which had been repealed.
Held: The wrong naming of the section did not invalidate the decision. . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 24 April 2022; Ref: scu.146773

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague: CA 5 Jun 1990

A decision to segregate a prisoner under rule 43 is to be made by the governor of the prison where he is held. Taylor LJ said: ‘Apart from the urgency of decisions under r 43, there may well be other public policy grounds for not giving reasons in advance to the prisoner so as to enable him to make representations. Giving reasons would often require unwise disclosure of information. Such disclosure could reveal to prisoners the extent of the governor’s knowledge about their activities. It would reveal the source of such information, thereby putting informants at risk. It could cause an immediate escalation of trouble.’
A clear distinction could be drawn between the procedural requirements in disciplinary proceedings and the use of rule 43: ‘In disciplinary proceedings which may result in punitive action, the full panoply of natural justice principles is appropriate and Parliament has provided that it should apply. Although the consequences of rule 43 are in some respects akin to those imposed as punishment, the object of the rule is not punitive. Indeed, where it is invoked at the prisoner’s request it is specifically aimed at protecting him from illegal punishment at the hands of fellow prisoners. So, in the context of rule 43, although the governor and the regional director must act fairly and make reasoned decisions, the principles of natural justice are not invoked in the rules. Instead, alternative safeguards are provided to protect the prisoner’s rights.’
Taylor LJ went on to say: ‘No doubt in many cases the governor will be able, as here, to give reasons at the time of the decision or shortly after. But the same considerations of public policy as persuaded me . . to hold that reasons are not in law required as a matter of course before a decision to segregate may apply with equal force after the decision. Again, the guiding factors must be the subject-matter and the circumstances . . I would not be prepared to hold that in all cases a prisoner has a legal right to be given the reasons for his segregation.’

Judges:

Sir Nicolas Browne-Wilkinson V-C, Taylor and Nicholls LJJ

Citations:

Guardian 05-Jun-1990, [1990] 3 All ER 687, [1990] 3 WLR 1210

Statutes:

Prison Rules 1964 43

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office QBD 1990
A prisoner challenged the decision that he should be segregated under rule 43.
Held: Ralph Gibson LJ said: ‘In this case Mr Sedley acknowledged that there could not be an unqualified obligation in all cases upon the governor to allow the right . .

Cited by:

Appeal from – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
Lists of cited by and citing cases may be incomplete.

Prisons, Administrative

Updated: 24 April 2022; Ref: scu.223055

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: QBD 1990

A prisoner challenged the decision that he should be segregated under rule 43.
Held: Ralph Gibson LJ said: ‘In this case Mr Sedley acknowledged that there could not be an unqualified obligation in all cases upon the governor to allow the right to be heard. There may be cases of urgency. We would add that there may be difficulty in disclosing the reasons, or part of them, if, for example, the intention to segregate is based upon information obtained as to threatened misconduct, such as violence against another prisoner. Giving detailed notice of the grounds might well indicate to the prisoner the source of the information and thereby create the risk of an immediate retaliation against the giver of the information. In this case the giving of notice to the applicant might have been regarded as giving rise to the risk of an immediate protest in breach of the rules by the applicant intended to cause others to join his protest. In another case a governor might reasonably claim that he could not sensibly disclose the reasons for his intended decision, or some part of those reasons, because of the need not to reveal either the source of the information or that certain facts are known to the prison department. Mr Sedley maintained that this was not such a case and, if the right to be heard could be allowed, the law should require that it be allowed.
We do not accept this submission. In our view, having due regard to the interests of the prisoner and of society at large, including the due administration of the prisoners, fairness does not require that a prisoner be given the right to be heard before a decision affecting him is made under rule 43.’ and ‘Good administration will often allow and cause a governor to provide such an opportunity to a prisoner but that, in our view, is for decision by the governor having regard to any policy instructions by the Secretary of State. There could be no unqualified obligation applicable in all cases for the reasons stated above. The rule, if it existed, would have to be stated in terms providing for the necessary qualifications. The requirements of the law, in prison administration, based upon natural justice, should, in our view, be both clear and simple. Any such rule would open many rule 43 decisions to question on the ground that the reasons given were deficient.’

Judges:

Ralph Gibson, Nolan J

Citations:

[1990] 3 WLR 465

Statutes:

Prison Rules 1964 43

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 . .
Appeal from – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague CA 5-Jun-1990
A decision to segregate a prisoner under rule 43 is to be made by the governor of the prison where he is held. Taylor LJ said: ‘Apart from the urgency of decisions under r 43, there may well be other public policy grounds for not giving reasons in . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Lists of cited by and citing cases may be incomplete.

Administrative, Prisons

Updated: 24 April 2022; Ref: scu.223054

Ridge v Baldwin (No 1): HL 14 Mar 1963

No Condemnation Without Opportunity For Defence

Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to be allowed to resign rather than be dismissed, thus preserving his pension rights.
Held: There should be no order to reinstate the Chief Constable as if he had never been validly dismissed. The House found value in the distinction between administrative and judicial decisions as a factor in the susceptibility of a decision to judicial review. The House considered its ability to look to decisions of non-statutory tribunals and was asked as whether an order for specific performance of a contract of employment was possible at common law: ‘There cannot be specific performance of a contract of service, and the master can terminate the contract with his servant at any time and for any reason or none.’
As to the nature of natural Justice: ‘In modern times opinions have sometimes been expressed to the effect that natural justice is so vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist’.
Lord Morris of Borth-y-Gest said: ‘It is well established that the essential requirements of natural justice at least include that before someone is condemned he is to have an opportunity of defending himself, and in order that he may do so that he is to be made aware of the charges or allegations or suggestions which he has to meet: Kanda v Government of Malaya. My Lords, here is something which is basic to our system: the importance of upholding it far transcends the significance of any particular case.’

Judges:

Lord Reid, Lord Morris of Borth-y-Gest

Citations:

[1964] AC 40, [1963] UKHL 2, [1963] UKHL 2, (1963) 61 LGR 369

Links:

Bailii

Statutes:

Municipal Corporations Act 1882 191(4)

Jurisdiction:

England and Wales

Citing:

Cited – Kanda v Government of the Federation of Malaya PC 2-Apr-1962
A police Inspector had been dismissed on a finding of an offence against discipline. . He complained that he had not been allowed to see the report of the Board of Inquiry which contained prejudicial material and which had been relied upon by the . .
Cited – Rex v Mayor of Stratford 1670
The Corporation dismissed a Town Clerk who held office durante bene placito.
Held: As the person having the power of dismissal need not have anything against the officer, he need not give any reason. . .
Doubted – The Queen On The Prosecution Of Wray v The Governors Of The Darlington Free Grammar School 27-Nov-1844
. .
Cited – Dean v Bennett ChD 22-Dec-1870
By the deed of settlement of a Baptist chapel, it was provided that every minister should be liable to be forthwith removed by the decision of the church made at one meeting, and confirmed at a second meeting called by a notice which should . .
Cited – Terrell v Secretary of State for the Colonies 1953
A judge of the Supreme Court of Malaya had been appointed in 1930 on the understanding that the retiring age should be sixty-two. When Malaya was overrun by the Japanese in 1942 he was retired on a pension, some time before he had reached sixty-two, . .
Cited – Willis v Childe 14-Jan-1851
Injunction granted to restrain trustees of a grammar school removing the master. . .
Cited – Baggs Case 1675
. .
Cited – The King v G Gaskin, D D 17-Apr-1799
A return (to a mandamus to restore) insufficient, because it did not state that the party had been summoned to answer to the charge before he was removed, . .
Cited – Willis v Childe 14-Jan-1851
Injunction granted to restrain trustees of a grammar school removing the master. . .
Cited – Ex Parte Ramshay Esq 1852
The Lord Chancellor was empowered if he should think fit to remove a county court judge from his office on the ground of inability or misbehaviour, but Lord Campbell CJ said that this was ‘ only on the implied condition prescribed by the principles . .
Cited – Osgood v Nelson HL 1872
The officer in question was an officer of the Corporation of the City of London, and he had been charged in general terms with neglect in the performance of his duty as Registrar of the Sheriffs’ Court. There was statutory power for the Corporation . .
Cited – Hogg v Scott KBD 1947
A police officer complained as to his dismissal without a hearing
Held: A Chief Constable could dismiss without hearing him an officer who had been convicted of felony.
Statutory limitation periods are not directly applicable to . .
Cited – Cooper v Wilson 1937
Police officers can be removed from office only by a valid exercise of the statutory power of dismissal. The principles of natural justice applied in the dismissal. . .
Cited – Fisher v Jackson ChD 7-Mar-1891
The deed of trust establishing an endowed school provided that the master of the school should he appointed by the vicars of three specified parishes, and power was given to the three vicars to remove the master for certain specified causes. The . .
Cited – Cooper v Wandsworth Board of Works CCP 21-Apr-1863
A house owner had failed to give proper notice to the Board they had under an Act of 1855 authority to demolish any building he had erected and recover the cost from him. This action was brought against the Board because they had used that power . .
Cited – James Dunbar Smith v The Queen PC 12-Mar-1878
(Queensland) This was an action of ejectment on the alleged forfeiture of a Crown lease in Queensland. The Governor was entitled to forfeit the lease if it had been proved to the satisfaction of a Commissioner that the lessee had abandoned or ceased . .
Cited – Hopkins and Another v Smethwick Local Board of Health CA 1890
Willes J said: ‘In condemning a man to have his house pulled down, a judicial act is as much implied as in fining him pounds 5 ; and as the local board is the only tribunal that can make such an order its act must be a judicial act, and the party to . .
Cited – Wood v Woad CEC 1-Jun-1874
Declaration, alleging that the plaintiff was a member of a mutual insurance society, which insured members against losses to ships entered and insured in the books of the society, on a deposit being made of 5l. per cent, on the amount insured ; that . .
Cited – Fisher v Keane ChD 2-Dec-1878
The committee of a club, being a quasi-judicial tribunal, are bound, in proceeding under their rules against a member of the club for alleged misconduct, to act according to the ordinary principles of justice, and are not to convict him of an . .
Cited – Dawkins v Antrobus CA 1-Feb-1881
The Court will not interfere against the decision of the members of a club professing to act under their rules, unless it can be shewn either that the rules are contrary to natural justice, or that what has been done is contrary to the rules, or . .
Cited – Weinberger v Inglis and Others HL 1919
A member of enemy birth was excluded from the Stock Exchange, and it was held that the Committee had heard him before acting.
Held: The power to admit persons to membership was held to be both an administrative power and a fiduciary power. The . .
Cited – Spackman v Plumstead District Board of Works 1885
The certificate of the superintending architect of the metropolitan board of works made under Metropolis Management (Amendment) Act 1862 section 75 and fixing the general line of buildings in a road was conclusive as to a building erected before the . .
Cited – Lapointe v L’ Association De Bienfaisance Et Retraite De La Police De Montreal PC 27-Jul-1906
(Quebec) The appellant, who was a member of the respondent benevolent and pension society, had been obliged to resign from the police force. Under those circumstances he became entitled according to the rules to have his case for a gratuity or . .
Cited – De Verteuil v The Hon Samuel William Knaggs Acting Governor and Another PC 21-Mar-1918
(Trinidad and Tobago) the Governor of Trinidad was entitled to remove immigrants from an estate ‘on sufficient ground shewn to his satisfaction ‘.
Held: Lord Parmoor said that ‘the acting Governor was not called upon to give a decision on an . .
Cited – Ex Parte Ramshay Esq 1852
The Lord Chancellor was empowered if he should think fit to remove a county court judge from his office on the ground of inability or misbehaviour, but Lord Campbell CJ said that this was ‘ only on the implied condition prescribed by the principles . .
Cited – Rex v Electricity Commissioners, ex parte London Electricity Joint Committee Co (1920) Ltd CA 1923
The Commissioners had a statutory duty to make schemes with regard to electricity districts and to hold local enquiries before making them. They made a draft scheme which in effect allocated duties to one body which the Act required should be . .
Cited – Rex v Legislative Committee of the Church Assembly 1928
It was sought to prohibit the Assembly from proceeding further with the Prayer Book Measure, 1927. I think that the Church Assembly has no such power, and therefore no such duty.’
Held: In order to invoke the court’s jurisdiction to review a . .
Cited – Annamunthodo v Oilfields Workers’ Trade Union PC 26-Jul-1961
The plaintiff complained that he had been wrongly expelled by the general council of his union. The union replied that any defect had been cured when his expulsion was confirmed by the Union’s Annual Conference.
Held: The decision of the . .
Cited – Blisset v Daniel 1853
The court considered the limits on a power of expulsion from a partnership.
Held: (Page-Wood V-C) Construing the articles, two-thirds of the partners could expel a partner by serving a notice upon him without holding any meeting or giving any . .
Cited – Andrews v Mitchell HL 16-May-1904
Sect. 68 of the Friendly Societies Act, 1896, which enacts that every dispute between a member of a friendly society and the society shall be decided in manner directed by the rules of the society, and that the decision so given shall be binding and . .
Cited – Rex v Nat Bell Liquors Ltd PC 7-Apr-1922
(Alberta) Lord Sumner said: ‘Long before Jervis’s Acts statutes had been passed which created an inferior court, and declared its decisions to be ‘final’ and ‘without appeal’, and again and again the Court of the King’s Bench had held that the . .
Cited – Rex v Neal CCA 1949
‘If some irregularity comes to the knowledge of Counsel before the verdict is returned, he should bring it to the attention of the court at the earliest possible moment so that the presiding judge may consider whether or not to discharge the jury . .
Cited – Barnard v National Dock Labour Board CA 31-Mar-1953
The appellant sought a declaration that the employer had imposed disciplinary measures improperly, in that they had been put in place by a port manager who possessed no relevant disciplinary powers.
Held: The delegation by the London Dock . .
Cited – Capel v Child 1832
A bishop issued a requisition under statute, requiring the Vicar of W to nominate a Curate with a stipend, on the ground that it appeared to the bishop, of his own knowledge, that the ecclesiastical duties of the vicarage and parish church of W were . .
Cited – Rex v North; Ex parte Oakey CA 1927
Proceedings in the Consistory Court were found to be: ‘without jurisdiction’ and prohibition lay.
Scrutton LJ said: ‘In my view an order that anyone shall pay the cost of restoring work which has been obliterated without a faculty is in the . .
Cited – Russell v Duke of Norfolk CA 1949
Tucker LJ said: ‘There are . . no words which are of universal application to every kind of inquiry and every kind of domestic tribunal. The requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the . .

Cited by:

Cited – Kirklees Metropolitan Borough Council v Wickes Building Supplies Ltd HL 1992
A public authority is not required as a rule to give a cross undertaking in damages in a law enforcement action. As to the legal status of the statutory instrument in question, the courts could ‘declare it to be invalid’ if satisfied that the . .
Cited – Durayappah v Fernando PC 1967
An order had been made by a minister that the council of a local authority be dissolved. The council did not seek to challenge the order, but the appellant, the mayor, brought proceedings in his individual capacity to challenge the minister’s . .
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Cited – Secretary of State for the Home Department v MB; Same v AF HL 31-Oct-2007
Non-derogating control orders – HR Compliant
MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square . .
Cited – Shoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .
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 . .
Cited – Mackaill and Another, Regina (on The Application of) v Independent Police Complaints Commission Admn 6-Oct-2014
The three claimants were police officers. They met a senior MP at Sutton Coldfield. They emerged from the meeting and were said to have made misleading statements as to the content of the meeting. The IPCC referred the matters back to local forces . .
Cited – Regina v The Secretary of State for the Environment, ex Parte Ostler CA 16-Mar-1976
Statutory Challenge must be timely
The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent.
Held: The court was asked, . .
Cited – Gilham v Ministry of Justice SC 16-Oct-2019
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights.
Lists of cited by and citing cases may be incomplete.

Employment, Natural Justice, Administrative, Police, Judicial Review

Leading Case

Updated: 21 April 2022; Ref: scu.187070

Ball v Secretary of Satte for the Environment Transport and the Regions and Another: QBD 27 Jan 2000

The applicant had appealed against an enforcement notice saying that the four year rule applied. The inspector issued his decision after the expiry of a time limit, but after the applicant had requested a further short period in which to make representations. It was held to be unfair to have proceeded without allowing more than a week for representations. B had suffered substantial prejudice for the failure to allow him to make such representations, and the decision was set aside.

Citations:

Gazette 27-Jan-2000

Jurisdiction:

England and Wales

Planning, Natural Justice, Administrative

Updated: 19 April 2022; Ref: scu.78119

T v United Kingdom (Application 24724/94); V v United Kingdom (Application 24888/94): ECFI 17 Dec 1999

It was a breach of the human rights of a prisoner for a member of the Executive to set his sentencing tariff. That matter had to be decided by a court, or subject to a review by a court. The trial of young children in a very public forum had effectively denied to them any ability to participate in their own defence, and so had also been in breach of their rights to a fair trial. The trial itself of a ten year old was not necessarily inhuman or degrading treatment.

Citations:

Times 17-Dec-1999

Statutes:

European Convention on Human Rights Art 3, 6

Jurisdiction:

European

Criminal Sentencing, Human Rights, Administrative

Updated: 18 April 2022; Ref: scu.89684