Application for leave to appeal against refusal of leave to bring judicial review of action of an officer of CAFCASS in a case, and in particular the handling of a complaint against the officer.
Waller, Wilson LJJ
[2010] EWCA Civ 317
England and Wales
Updated: 17 August 2022; Ref: scu.407763
The petitioner claimed disability living allowance. Her claim was refused, and eventually also at the Upper Tribunal, of whose decision she now sought judicial review.
Held: The Upper Tribunal being designated as a court of superior record. Judicial review was not available to the applicant since: ‘the decision of the Upper Tribunal under attack in the present case is subject to review only in exceptional circumstances, i.e. on pre-Anisminic grounds (excess of jurisdiction in the narrow sense) or because there has been a breakdown of fair procedure.’
Lord Glennie
[2010] ScotCS CSOH – 45, [2010] CSOH 45, 2010 SLT 547, 2010 SCLR 345, 2010 GWD 14-253
Scotland
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
At Outer House – EBA 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 . .
At Outer House – EBA v The Advocate General for Scotland SCS 10-Sep-2010
(Inner House) The petitioner wished to appeal against refusal of disability living allowance. Her appeal to the first tier tribunal was rejected, and her request to the Upper Tribunal for leave to appeal was refused. When, she then sought leave to . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 August 2022; Ref: scu.406767
The court considered one of the last applications for permission to seek judicial review of a Social Security Commissioner’s determination before the transfer of the Commissioner’s jurisdiction to the Upper Tribunal. Mr Eadie, for the Commissioner, submitted that, applying Sivasubramaniam and Cort, judicial review should be restricted to outright excess of jurisdiction and fundamental denials of procedural justice. Alternatively, following this court’s decision in R (Sinclair Gardens Investments Ltd) v Lands Tribunal [2005] EWCA Civ 1305, he submitted that it should be restricted to difficult and unresolved issues of law of general significance. For the claimant, Mr Drabble contended that any material error of law was and ought to be justiciable by way of judicial review.
Held: Dyson LJ said: ‘If the scope of the jurisdiction to grant judicial review in respect of a refusal by a commissioner to grant leave to appeal had not been established for almost 30 years, I would have been inclined to adopt a position somewhere between those contended for Mr Drabble and Mr Eadie. I would reject Mr Eadie’s primary position. I can see no good reason why the court should not have power to grant judicial review of a refusal of leave to appeal in a case which involves a difficult point of law of general importance. It is clearly in the public interest that the court should be able to decide such issues. Accordingly, if exceptional circumstances were the correct test, I would be inclined to include in the category of exceptional circumstances those cases which raise a point of law of general importance (not necessarily circumscribed in the way suggested by Neuberger L.J. in Sinclair Gardens . . But in my judgment, there is considerable force in the submission that the categories of case in which judicial review should in principle lie in respect of a refusal of leave to appeal by a commissioner should not be limited to exceptional circumstances. In Sivasubramaniam it was accepted by the court that the practice of entertaining applications for permission to apply for judicial review of refusals of leave to appeal by the now defunct immigration appeal tribunal (‘IAT’) was justified. The ‘special factors’ justifying this practice were identified at [52]. I accept the submission of Mr Drabble that the nature and functions of the social security commissioners are closer to those of the IAT than to either the county court or the Lands Tribunal. They are an administrative tribunal, frequently called upon to adjudicate on significant legal issues which have far-reaching consequences well beyond the individual case, including important issues of human rights and EU law. I accept that issues such as the right to life and the right not to be tortured are unlikely to arise in a social security case. But a social security case may well involve the right of a claimant to subsistence income and so directly affect their access to the most fundamental necessities of life.
47. It seems to me that there is much to be said for opening the door somewhat wider than Mr Eadie would allow to reflect the fact that (i) issues that arise in social security cases may affect the lives not only of the individual claimant, but of many others who are in the same position, some of whom are among the most vulnerable members of our society; and (ii) the issues may be of fundamental importance to them, sometimes making the difference between a reasonable life and a life of destitution.
For these reasons, if the matter were free from previous authority, I would have been inclined to hold that the door to judicial review should be opened wider than Mr Eadie has submitted, even on his alternative argument. How much wider? In my judgment, there is much to be said for the criteria which the court applies in deciding whether to give permission to appeal for a second appeal. Section 55(1) of the Access to Justice Act 1999 provides that no appeal may be made unless it is considered that ‘(a) the appeal would raise an important point of principle or practice; or (b) there is some other compelling reason for the Court of Appeal to hear it.’ It seems to me that this formula would strike a fair balance between the competing considerations which arise where a commissioner refuses leave to appeal.
49. But I do not find it necessary to reach a concluded view on this, since I am persuaded by Mr Drabble that we should not depart from the approach (most clearly and fully articulated in Connolly) that has been established and applied by the courts for more than 25 years.’
Longmore LJ added: ‘I agree with Dyson LJ that the comparatively long line of authority permitting the court to grant judicial review on orthodox grounds of a decision by a Social Security Commissioner to refuse to give permission to appeal to himself from a decision of the SSAT should not be disturbed at this late stage in its existence. Now that the Commissioners have become part of the Upper Tribunal, no doubt the forthcoming decision of this court in Cart will be applicable in future and there may be a shift in the judicial review perspective. If there is, I would warmly endorse Dyson LJ’s view that it might be appropriate to adopt a similar test to that imposed by statute on the Court of Appeal in respect of second appeals.’
Sedley, Dyson, Longmore LJJ
[2010] EWCA Civ 258
England and Wales
Cited – Cooke v Secretary of State for Social Security CA 25-Apr-2001
Although production of a new medical report, or of a new medical opinion, could evidence a relevant change of circumstances, to support the claim that the threshold had been reached so as to allow a review of a decision to grant benefits, it did not . .
Cited – Cart, Regina (on The Application of) v The Upper Tribunal and Others CA 23-Jul-2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and . .
Cited – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 August 2022; Ref: scu.402952
The new rules now required a respondent to an application for judicial review, to prepare and file an acknowledgement of service. Where he was successful in defending, or resisting the application for leave, there is no reason in principle why he should not be allowed to recover from the applicant, the costs of steps he had been obliged to undertake by the applicant.
Collins J
Times 02-Aug-2001, [2001] EWHC Admin 445
England and Wales
Cited – Mount Cook Land Ltd and Another v Westminster City Council CA 14-Oct-2003
The applicants had sought judicial review of the defendant’s grant of planning permission for the redevelopment of the former CandA building in Oxford Street. Though the application for leave to apply had been successful, and a full hearing took . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 August 2022; Ref: scu.136158
The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for judicial review of SOCA’s decision not to resist the warrant, citing problems in the trial. His own appeal against the magistrate’s order was out of time.
Held: The court had no jurisdiction to hear the request: ‘Now that the Senior District Judge has ordered the requested person’s extradition the hearing before him is finished and s.9(1) is no longer applicable. Since the claimant did not file or serve an appeal notice within the 7 day required period, the European arrest warrant has been ‘disposed of’ pursuant to s.213(1)(c) of the 2003 Act. Part 1 of the 2003 Act provides a statutory scheme laying down a strict and tight timetable which precludes the possibility of invoking s.142 of the Magistrates’ Court Act 1980.
For those reasons, I conclude that it is not arguable that this court has any jurisdiction to entertain any claim for judicial review, be it to challenge a non-existent decision of SOCA or the refusal of the Senior District Judge to exercise a non-existent jurisdiction to re-open the statutory extradition hearing.
Moses LJ, Hickinbottom
[2010] EWHC 48 (Admin)
Extradition Act 2003 34, Magistrates’ Courts Act 1980 142
Cited – Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another HL 30-Jan-2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and . .
Cited – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 August 2022; Ref: scu.392990
A judicial review application by a mental patient, requires the permission of a High Court judge: ‘There is . . a canon of construction that Parliament is presumed not to enact legislation which interferes with the liberty of the subject without making it clear that this was its intention.’
McCullough J
[1986] QB 1090
England and Wales
Cited – Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
Cited – Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago PC 12-Oct-2004
(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2022; Ref: scu.185208
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible reasons. The English Court had decided that the issue was non-judiciable. The Court now heard appeals in both cases.
Held: The appeal was rejected in Cherry and succeeded in Miller. The prorogation was set aside as void and unlawful.
The prerogative power of prorogation had the effect of suspending the ability of parliament to hold a government to account. That particular effect required that the exercise of the power itself be subject to review by the courts: ‘a decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.’
‘It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October. We cannot speculate, in the absence of further evidence, upon what such reasons might have been. It follows that the decision was unlawful.’
‘the Prime Minister’s accountability to Parliament does not in itself justify the conclusion that the courts have no legitimate role to play. That is so for two reasons. The first is that the effect of prorogation is to prevent the operation of ministerial accountability to Parliament during the period when Parliament stands prorogued. Indeed, if Parliament were to be prorogued with immediate effect, there would be no possibility of the Prime Minister’s being held accountable by Parliament until after a new session of Parliament had commenced, by which time the Government’s purpose in having Parliament prorogued might have been accomplished. In such circumstances, the most that Parliament could do would amount to closing the stable door after the horse had bolted. The second reason is that the courts have a duty to give effect to the law, irrespective of the minister’s political accountability to Parliament. The fact that the minister is politically accountable to Parliament does not mean that he is therefore immune from legal accountability to the courts.’
‘if the issue before the court is justiciable, deciding it will not offend against the separation of powers . . the court will be performing its proper function under our constitution. Indeed, by ensuring that the Government does not use the power of prorogation unlawfully with the effect of preventing Parliament from carrying out its proper functions, the court will be giving effect to the separation of powers.’
Lady Hale, President, Lord Reed, Deputy President, Lord Kerr, Lord Wilson, Lord Carnwath, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lady Arden, Lord Kitchin, Lord Sales
UKSC 2019/0193, UKSC 2019/0192
Bailii Summary, Bailii, SC, SC Summary, SC 20190917am Video, SC 20190917pm Video, SC 20190918am Video, SC 20190918pm Video, SC 20190919am Video, SC 20190919pm Video
Fixed-term Parliaments Act 2011, Bill of Rights of 1688 9
England and Wales
At Outer House – Cherry, Joanna Cherry QC Mp and Others for Judicial Review SCS 4-Sep-2019
(Outer House) . .
1st Div Inner House – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Appeal from – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Cited – Proclamations, Case of KBD 1-Nov-1610
The King, as the executive government, sought to govern by making proclamations. In particular the court rejected the proposition that ‘the King by his proclamation may prohibit new buildings in and about London’
Held: The monarch had no power . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – Regina v Secretary of State for the Home Department ex parte Fire Brigades Union HL 5-Apr-1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Attorney General v De Keyser’s Royal Hotel Ltd HL 10-May-1920
A hotel had been requisitioned during the war for defence purposes. The owner claimed compensation. The AG argued that the liability to pay compensation had been displaced by statute giving the Crown the necessary powers.
Held: There is an . .
Cited – Burmah Oil Company (Burma Trading) Limited v Lord Advocate HL 21-Apr-1964
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council HL 12-Dec-1985
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority.
Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political . .
Cited – Unison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
Cited – Rahmatullah (No 2) v Ministry of Defence and Another SC 17-Jan-2017
‘another round in the series of important points of law which arise as preliminary issues in actions brought by people who claim to have been wrongfully detained or mistreated by British or American troops in the course of the conflicts in Iraq and . .
Cited – Regina v Foreign Secretary ex parte Everett CA 20-Oct-1988
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case.
Taylor LJ summarised the effect of the GCHQ case as making clear . .
Cited – Bobb and Another v Manning PC 25-Apr-2006
(From Court of Appeal, Trinidad and Tobago) The appellants, electors in one of the state’s electoral districts, applied for leave to apply for judicial review, seeking remedies to resolve the ongoing constitutional crisis. Their complaint was that . .
Cited – Miller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .
Cited – Elgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2022; Ref: scu.641418
ECJ Public procurement Directive 89/665/EEC – Review procedure under national law – Effective legal protection -Limitation periods – Point at which time starts running – Whether the applicant knew or ‘ought to have’ known of the breach of procurement law Requirement that proceedings be brought ‘promptly’.
C-406/08, [2009] EUECJ C-406/08 – O
European
See Also – Uniplex (UK) Limited v Uniplex ECJ 28-Jan-2010
ECJ Directive 89/665/EEC – Procedures for review of the award of public contracts – Period within which proceedings must be brought – Date from which the period for bringing proceedings starts to run. . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 August 2022; Ref: scu.380310
UTTC JUDICIAL REVIEW – the concession of ‘equitable liability’ known as the Noble practice – standing to bring judicial review proceedings – no.
The bankrupt objected to the attempted proof by the Revenue in his bankrupty. He now renewed his application to bring judicial review.
Held: He had no standing to bring judiial review proceedings. Warren J approved the aproach suggested in Hurren, that agreement should be sought between the bankrupt and the inspector, with the trustee ensuring that any agreement was proper.
Warren J P
[2010] UKUT 174 (TCC), [2010] BPIR 933, [2010] BTC 1548, [2010] STI 1723, [2010] STC 2020
England and Wales
Cited – Smith (a bankrupt) v Braintree District Council HL 1989
The House considered the effects of bankruptcy on the imposition of a committal to imprisonment in default of paying rates.
The purpose of section 285 is to preserve the estate of the bankrupt for the benefit of his unsecured creditors.
Cited – Heath v Tang, Stevens v Peacock CA 11-Aug-1993
The bankrupt applicants each applied to the Court of Appeal for leave to appeal against the judgment for a liquidated sum on which the bankruptcy petition had been based. In the first case, the trustee in bankruptcy indicated his unwillingness to . .
Cited – Wordsworth v Dixon CA 1997
The bankrupt had been a defendant in the action brought by the plaintiff. The court considered his standing to appeal.
Held: The right to appeal vested in the trustee. Sir Thomas Bingham MR referred to the case of Heath v Tang and said: ‘that . .
Cited – Re a Debtor, ex parte the Debtor v Dodwell ChD 1949
Harman J held that it was for the bankrupt’s trustee alone to settle with the Crown in a case where the bankrupt had been discharged and there was no tax assessment. . .
Cited – Re Hurren (a bankrupt) ChD 1983
There might have been a surplus after paying the debts due to the Inland Revenue (the major creditor).
Held: The way forward was for the trustee to agree the tax liability with the Revenue but only with the consent of the bankrupt. Walton J . .
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Lists of cited by and citing cases may be incomplete.
Updated: 05 August 2022; Ref: scu.428155
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and did not exercise ‘functions of a public nature’; the claimant that he had not been given a fair hearing.
Held: Judicial review was refused. Pubs are private premises whose occupiers are entitled to decide whom they will or will not admit provided that there is no unlawful discrimination. The provision of advice and support by the Police does not have the effect of converting these individual decisions into those of a public nature. Whilst there existed many ways of bringing unincorporated associations, no plea had been made for the use of CPR 19.6 here, and no attempt had been made to sue the individual landlord members of the association.
MacKie J
[2009] EWHC 2441 (Admin)
Cited – Conservative and Unionist Central Office v Burrell (Inspector of Taxes) CA 10-Dec-1981
An unincorporated association is defined as ‘two or more persons bound together for one or more common purposes, not being business purposes, by mutual undertakings each having mutual duties and obligations, in an organisation which has rules which . .
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
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 . .
Cited – Oxford University v Webb QBD 13-Oct-2006
Action against animal rights protester for protection against alleged threats againt bio-medical research centre. . .
Cited – Regina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Cited – Proud, Regina (on the Application of) v Buckingham Pubwatch Scheme and Another Admn 14-Aug-2008
The claimant sought leave to challenge the imposition by the local Pubwatch scheme to impose a ban on him.
Held: The renewed application for permission to bring judicial review was refused. Ockleton CMG said: ‘the question of the . .
Cited – Oyeyi-Effiong and Campbell, Regina (on the Application of) v The Bridge NDC Seven Sisters Partnership and Another Admn 22-Mar-2007
The claimants challenged their removal from a ‘New Deals for Communities’ partnership association. Complaints had been made about manipulative behaviour at meetings in breach of a code of conduct.
Held: A proposal had been made for an . .
Cited – Heathrow Airport Ltd and Others v Garman and Others QBD 6-Aug-2007
Application for injunctive relief made by the First Claimant, Heathrow Airport Limited, the manager and operator of Heathrow Airport, and the Second Claimant, the First Claimant’s managing director, against a number of persons and organisations who . .
Cited – RWE Npower Plc and others v Carrol (acting for and on behalf of the unincorporated association identified as ‘The Sandles House Group’ etc) QBD 27-Apr-2007
The claimant sought relief against protesters challenging its proposal for disposal of ash from its coal fired power station in gravel pits local to the defendants. . .
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 August 2022; Ref: scu.375947
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority.
Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.
Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution of taxation are matters for Parliament, and, within Parliament, especially for the House of Commons . . If a statute, as in this case, requires the House of Commons to approve a minister’s decision before he can lawfully enforce it, and if the action proposed complies with the terms of the statute . . it is not for the judges to say that the action has such unreasonable consequences that the guidance upon which the action is based and of which the House of Commons had notice was perverse and must be set aside. For that is a question of policy for the minister and the Commons, unless there has been bad faith or misconduct by the minister. Where Parliament has legislated that the action to be taken by the Secretary of State must, before it is taken, be approved by the House of Commons, it is no part of the judges’ role to declare that the action proposed is unfair, unless it constitutes an abuse of power in the sense which I have explained.’
Lord Scarman, Lord Roskill, Lord Bridge of Harwich, Lord Templeman, Lord Griffiths
[1986] AC 240, [1985] UKHL 8, [1986] 1 All ER 199, [1986] 2 WLR 1
England and Wales
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 – Regina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
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 Hillingdon and Others, Regina (on the Application of) v The Lord Chancellor and others Admn 6-Nov-2008
The claimant challenged the substantial increase in court fees in public law children cases in the Fees Orders. The respondent said that the orders were intended to reflect the true costs of such proceedings and that funding had been provided to . .
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 – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another CA 9-Nov-2007
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate SC 24-Sep-2019
Prerogative act of prorogation was justiciable.
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.194047
The Home Secretary was under no duty to bring the new statutory CICB scheme into force on any particular date. He was free to continue to use his own. The court refused to order a judicial review.
Staughton LJ and Buckley J
Times 30-May-1994, Independent 24-May-1994
Criminal Justice Act 1988 17(1) 108 109 110 8111 112 113 114 115 116 117
England and Wales
Appeal from – Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others CA 10-Nov-1994
The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into . .
At First Instance – Regina v Secretary of State for the Home Department ex parte Fire Brigades Union HL 5-Apr-1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.87741
The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into force, but could not in the interim introduce a scheme which differed radically from the scheme whilst the existing Act remained unrepealed.
Hobhouse LJ said that whether or not a provision becomes part of the law of the United Kingdom depends upon whether and when it comes into force: that is what coming into force means. When a statutory provision becomes part of the law of the United Kingdom depends upon what commencement provision Parliament has enacted.
Sir Thomas Bingham MR, Morritt LJ, Hobhouse LJ dissenting
Times 10-Nov-1994, Independent 10-Nov-1994, [1995] 2 WLR 1
England and Wales
Appeal from – Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others QBD 24-May-1994
The Home Secretary was under no duty to bring the new statutory CICB scheme into force on any particular date. He was free to continue to use his own. The court refused to order a judicial review. . .
Cited – Attorney General v De Keyser’s Royal Hotel Ltd HL 10-May-1920
A hotel had been requisitioned during the war for defence purposes. The owner claimed compensation. The AG argued that the liability to pay compensation had been displaced by statute giving the Crown the necessary powers.
Held: There is an . .
Appeal from – Regina v Secretary of State for the Home Department ex parte Fire Brigades Union HL 5-Apr-1995
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The . .
Cited – RM v The Scottish Ministers SC 28-Nov-2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.87743
A court may not dismiss a judicial review application for delay once in fact the case has come on for hearing.
Gazette 18-Jun-1997, Times 06-Jun-1997, [1997] EWCA Civ 1729
England and Wales
Updated: 03 August 2022; Ref: scu.142125
Munby LJ
[2010] EWCA Civ 727
England and Wales
Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.421034
The claimant sought judicial review of a decision to terminate his secondment to the National Crime Squad. It was said that there had been concerns about his management skills after in investigation into drug related offences by co-officers. The decision was said to be unrelated but subject to matters protected by public interest immunity.
Held: The decision was amenable to judicial review but that the Director General of the NCS had acted fairly notwithstanding the absence of reasons for the decision and the lack of opportunity for the Appellant to make representations.
Harrison J
[2002] EWHC 832 (Admin), [2003] Po LR 1, [2002] ACD 80
Appeal from – Regina (Tucker) v Director General of the National Crime Squad CA 17-Jan-2003
The applicant was a senior officer seconded to the National Crime Squad. He complained that his secondment had been terminated in a manner which was unfair, and left him tainted without opportunity to reply. He appealed against rejection of his . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.347796
Application for judicial review of the decision of the district judge, sitting at Bath and Wansdyke Magistrates’ Court, not to order a fact-finding exercise rather than a trial.
[2009] EWHC 759 (Admin), [2009] MHLR 71
Powers of Criminal Courts (Sentencing) Act 2000 11(1), Mental Health Act 1983 37(3)
England and Wales
Updated: 30 July 2022; Ref: scu.347435
The claimants application for leave to remain had been refused in 2010. His application complied with all the requirements save that the bank statement had been printed from the internet and was not accompanied by writen confirmation from the bank. He had however failed to proceed with an appeal, and now sought judicial review.
Held: The application was refused: ‘it would be a retrograde step if the Secretary of State were to be dissuaded from responding helpfully to representations being made on behalf of claimants for fear that every time a response was written to a pre-action protocol letter it was to be treated as making another decision for the purpose of starting time running again in any claim for judicial review. ‘
A Robinson J
[2012] EWHC 4210 (Admin)
England and Wales
Updated: 30 July 2022; Ref: scu.514472
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 maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated with Al-Qaida’ under Chapter VII of the United Nations Charter, and had included his name on the list, making him subject to sanctions.Held: His appeal failed. The respondent’s 2005 decision to remove his hold on the proposal for the appellant’s designation by the Sanctions Committee was the exercise of prerogative powers for the conduct of foreign relations. This does not make it immune from judicial review, but the courts should proceed with caution. Even if there were a flaw in the respondent’s 2005 decision, this of itself would not entitle the appellant to a remedy. Quashing the decision would not have any substantive effect on the appellant’s present position, as it would not detract from the continuing effect of the Sanction Committee’s listing or its application in the United Kingdom through Regulation 881
Lord Neuberger, President, Lord Mance, Lord Wilson, Lord Sumption, Lord Carnwath
[2016] UKSC 3, [2016] WLR(D) 35, [2016] AC 1457, [2016] 2 WLR 509, [2016] 3 All ER 261, UKSC 2014/0028
Bailii Summary, Bailii, WLRD, SC, SC Summary
England and Wales
See Also – 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 . .
Appeal from – Youssef v Secretary of State for Foreign and Commonwealth Affairs CA 29-Oct-2013
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government.
Held: The Secretary of State . .
At first instance – Youssef, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 23-Jul-2012
The claimant challenged having been listed as an associate of Al-Qaida, with the resulting freezing of assets and a travel ban.
Held: His request for judicial review failed.
Toulson LJ deprecated the ‘tendency on the part of lawyers . . . .
Cited – Kadi v Council and Commission ECJ 3-Sep-2008
(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security . .
Cited – Kadi v Commission ECFI 30-Sep-2010
ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – . .
Cited – Prosecutor v Furundzija ICT 10-Dec-1998
The status of the prohibition on State torture as a rule of jus cogens has the consequence that at the inter-State level, any legislative, administrative or judicial act authorising torture is illegitimate. Furthermore, the prohibition on State . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 12-Oct-2006
The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay.
Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in . .
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 . .
Cited – Pham v Secretary of State for The Home Department SC 25-Mar-2015
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Foreign Secretary ex parte Everett CA 20-Oct-1988
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case.
Taylor LJ summarised the effect of the GCHQ case as making clear . .
Cited – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Cited – HM Treasury v Ahmed and Others SC 4-Feb-2010
The Court had declared unlawful as ultra vires terrorism related orders made against the several claimants. The court now considered how restrictions imposed by banks should be dealt with.
Held: (Lord Hope dissenting as to the order required) . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.559349
Renewed application for leave to bring judicial review.
McKenna J
[2009] EWHC 1400 (Admin)
England and Wales
Updated: 28 July 2022; Ref: scu.347235
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell unhappily short of the high standards of fairness and openness which is now routinely attained by British government departments. ‘
Laws LJ said that there is ‘a very high duty on public authority respondents, not least central government, to assist the court with full and accurate explanation of all the facts relevant to the issue the court must decide’
Lord Justice Laws, Lord Jusice Aldous, Lord Justice Johnathan Parker
[2002] EWCA Civ 1409, [2002] All ER (D) 450
South Georgia and South Sandwich Islands Order 1985, British Settlements Acts 1887, British Settlements Acts 1945
England and Wales
Appeal from – Quark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .
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 . .
See also – Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs Admn 22-Jul-2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy . .
See also – Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs CA 29-Apr-2004
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention.
Held: Though the Convention rights had been extended to . .
Cited – Al-Sweady and Others, Regina (on the Application of) v Secretary of State for the Defence Admn 2-Oct-2009
The claimant’s son had died whilst in the custody of the British Armed Forces in Iraq. His uncle now claimed that his human rights had been infringed. The case ‘raised a fundamental issue of jurisdiction under Article 1 of the ECHR because if the . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.178216
PC (Belize) Lord Walker said: ‘It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court to co-operate and to make candid disclosure, by way of affidavit, of the relevant facts and (so far as they are not apparent from contemporaneous documents which have been disclosed) the reasoning behind the decision challenged in the judicial review proceedings’.
Lord Walker
[2004] UKPC 6, [2004] Env LR 761, [2004] Env LR 38
Commonwealth
See Also – Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2) PC 13-Aug-2003
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim . .
Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.192647
The court was required to revisit the circumstances in which the High Court may properly entertain a judicial review of orders made by a judge in the county court.
Laws LJ said: ‘How should such a defect be described in principle? I think a distinction may be drawn between a case where the judge simply gets it wrong, even extremely wrong (and wrong on the law, or the facts, or both), and a case where, as I would venture to put it, the judicial process itself has been frustrated or corrupted. This, I think, marks the truly exceptional case. It will or may include the case of pre-Anisminic jurisdictional error . . It would include substantial denial of the right to a fair hearing.’
Laws, Gage, Rimer LJJ
[2007] EWCA Civ 1132
England and Wales
Cited – Cart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
Cited – Ogunbiyi, Regina (on The Application of) v Southend County Court and Another Admn 19-Mar-2015
Application for judicial review of a decision of a Circuit Judge at the County Court, (a) refusing permission to appeal again the judgment of a Deputy District Judge following a trial of the claim for damages again the claimant under a hire purchase . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.346261
The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect.
Held: Human Rights law requires a proper investigation into deaths, but that requirement was satisfied by the coroners sysem, and did not require or allow a further investigation of the basis of the military action. Outside human rights law, the applications are unjusticiable: ‘The question whether the United Kingdom acted unlawfully in sending its armed forces to Iraq is not justiciable for one or both of two reasons, namely that it would involve a consideration of at least two international instruments, viz Security Council resolutions 678 and 1441, and that it would involve a detailed consideration of decisions of policy made in the areas of foreign affairs and defence which are the exclusive responsibility of the executive government.’
Sir Anthny Clarke MR, Sir Igor Judge President, Dyson LJ
[2006] EWCA Civ 1690, Times 01-Jan-2007
European Convention on Human Rights 2.1
England and Wales
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Buttes Gas and Oil Co v Hammer (No 3) HL 1981
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved . .
Cited – JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry HL 1989
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between . .
Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Cited – Regina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Foreign Secretary ex parte Everett CA 20-Oct-1988
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case.
Taylor LJ summarised the effect of the GCHQ case as making clear . .
Cited – Campaign for Nuclear Disarmament (CND) v Prime Minister and others Admn 17-Dec-2002
CND sought an advisory declaration as to the meaning of UN Security Council resolution 1441, which had given Iraq ‘a final opportunity to comply with its disarmament obligations’ and whether the resolution authorised states to take military action . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.246968
Bentley had been convicted of the murder of a policeman. He was of low intelligence and he was captured. His co-accused still held a gun. He shouted out ‘Let him have it’ He was convicted, but had said that he had only intended for the gun to be surrendered. A posthumous pardon was sought.
Held: The royal prerogative of pardon is a flexible power. The court recommended to the Home Secretary that he re-examine the case of Bentley who had been hanged in 1953 with a view to exercising the prerogative of mercy. Home Secretary’s decision to pardon prisoner is susceptible to Judicial Review and the court could not make an order. The Home Secretary’s discretion on the exercise of the prerogative of mercy is a wide discretion.
‘The present Home Secretary is fully aware that there is nothing to prevent him recommending the grant of a free pardon even in a case in which he is not persuaded that the conviction was wrong . . He continues to think that a free pardon should be recommended only when the Home Secretary of the day is satisfied that the convicted person was not guilty of the offence charged.’
The court did not think the Home Secretary’s understanding as non-justiciable policy: ‘the substance of the applicant’s case was that the Home Secretary failed to recognise the fact that the prerogative of mercy is capable of being exercised in many different circumstances and over a wide range and therefore failed to consider the form of pardon which might be appropriate to meet the facts of the present case. Such a failure is, we think, reviewable.’
The Court concluded: ‘it is an error to regard the prerogative of mercy as a prerogative right which is only exercisable in cases which fall into specific categories. The prerogative is a flexible power and its exercise can and should be adapted to meet the circumstances of the particular case.’
Gazette 13-Oct-1993, Independent 08-Jul-1993, Times 08-Jul-1993, [1994] QB 349, [1993] 4 All ER 442, [1994] 2 WLR 101
Convention and Protocol relating to the Status of Refugees 1951
England and Wales
Cited – Shields, Regina (on the Application of) v Secretary of State for Justice Admn 17-Dec-2008
The claimant had been convicted in Bulgaria of attempted murder. He had denied it, and somebody later confessed to the crime, but that confession had not been admitted. Having been transferred to England to complete his sentence, he now asked for a . .
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2022; Ref: scu.87833
Collins J
[2012] EWHC 3930 (Admin)
England and Wales
Updated: 25 July 2022; Ref: scu.470699
The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in the context of a body which is itself charged with the duty of making a judgment on what is and what is not relevant, although clearly a theoretical scenario could be constructed in which the panel acted on the basis of considerations which on any view must have been irrelevant or ignored something which on any view must have been relevant.’ and Lloyd LJ: ‘Such questions are to be answered not by reference to Wednesbury unreasonableness, but ‘in accordance with the principles of fair procedure which have been developed over the years and of which the courts are the author and sole judge”
Lord Donaldson MR, Lloyd LJ
[1990] 1 QB 146, [1989] 1 All ER 509
England and Wales
Cited – 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 . .
Cited – C v London Borough of Lewisham CA 4-Jul-2003
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become . .
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 . .
Followed – Dr Ramachandran Subramanian v The General Medical Council PC 5-Dec-2002
PC (The Professional Conduct Committee of the GMC) The appellant, a locum general practitioner, had been charged with failing to examine a patient adequately and take prompt action to refer her to hospital. At . .
Cited – Regina v Executive Counsel of the JDS, ex parte Hipps ChD 1996
The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings.
Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original . .
Cited – Land and others v the Executive Counsel of the Joint Disciplinary Scheme QBD 15-Oct-2002
The applicants were partners and staff in Ernst and Young. They sought a stay of disciplinary proceedings brought against them by the accountancy regulators pending resolution of the civil claim against them in respect of closely related issues . .
Cited – Associated Newspapers Ltd, Regina (on The Application of) v Rt Hon Lord Justice Leveson Admn 20-Jan-2012
The defendant was conducting a public enquiry into the culture, ethics and practices of national newspapers. The claimant and others objected to the admission of anonymous evidence from journalists afraid of career blight. The claimants complained . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 July 2022; Ref: scu.180650
The claimants wished to challenge licensing decisions made by the respondent, and for a protective costs order.
Dobbs J
[2008] EWHC 3395 (Admin)
Human Fertilisation and Embryology Act 1990 16
England and Wales
Cited – Regina v Dairy Produce Quota Tribunal for England and Wales, Ex parte Caswell HL 17-May-1990
The House sought to reconcile section 31 of the 1981 Act, with RSC Order 53 r4 as to the time within which judicial review proceedings must be brought.
Held: Whenever there was a failure to act promptly or within three months there was ‘undue . .
Cited – Regina v Secretary of State for Health ex parte Furneaux CA 1994
The court is entitled to refuse a request for judicial review on the sole ground of delay without any requirement of a causal link between the delay and any prejudice. Mere tardiness or incompetence of legal or other advisors is normally not a good . .
Cited – Regina (Assisted Reproduction and Gynaecology Centre) v The Human Fertilisation and Embryology Authority CA 31-Jan-2002
The applicant was undergoing fertility treatment. She wanted to have more than three eggs implanted, but permission for this was refused by the Authority. She sought to challenge that by way of judicial review.
Held: Judicial review was not . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 July 2022; Ref: scu.293967
The claimant sought leave to challenge the imposition by the local Pubwatch scheme to impose a ban on him.
Held: The renewed application for permission to bring judicial review was refused. Ockleton CMG said: ‘the question of the identification of the proper defendant to these proceedings goes to giving the same answer. Without wanting to reach a concluded view on whether Buckingham Pub Watch is a person for the purposes of Section 6 of the Human Rights Act 1998, it seems to me in the highest degree unlikely that an entity which has, and this is according to the evidence of Mr Diston, no constitution, no finances, no fixed membership, no rules and whose decisions are binding on its members only to the extent that they treat them as binding, on which again there are no rules – that an entity of that sort can be amenable to judicial review or can be a person exercising public functions under Section 6 of the Human Rights Act. Not only is there no evidence of a collective responsibility imposed on licensees, but there is, in truth, no collective capable of being described as a decision-making body, whatever the appearance may be in terms of the documents that emanate from individuals acting apparently on behalf of the Scheme’.
Ockleton CMG
[2008] EWHC 2224 (Admin)
Cited – Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others Admn 8-Oct-2009
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 July 2022; Ref: scu.293925
Insurance Ombudsman is a voluntary scheme, depending upon contractual consent, and so is not judicially reviewable.
Times 07-Jan-1994, Independent 11-Jan-1994
England and Wales
Updated: 23 July 2022; Ref: scu.86953
Kerr LCJ, Girvan LJ and Coghlin LJ
[2008] NICA 52
Northern Ireland
Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2022; Ref: scu.279913
Judicial review was granted of the decision of the respondent not to penalise Royal Mail (for which it was regulator) for its failure to meet its service standards.
[2005] EWHC 3163 (Admin)
England and Wales
Appeal from – Royal Mail Group Plc v The Consumer Council for Postal Services CA 7-Mar-2007
The Royal Mail appealed a grant of judicial review of the decision of the Post regulator not to penalise the company for its failure to meet its service conditions as regards enforcement of credit terms for bulk mail customers.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.238416
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should have been allowed opportunity to make representations before disclosure, and the disclosure was unfair, but in the circumstances no damages were to be awarded.
The Honourable Mr Justice Maurice Kay The Honourable Mr Justice Mackay
[2003] EWHC 3002 (Admin), Times 06-Jan-2004
Criminal Justice Act 1987 2(5), Police and Criminal Evidence Act 1984 19, European Convention on Human Rights 8(3)
England and Wales
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited – Regina v Secretary of State for the Environment, ex parte Hackney London Borough Council CA 1984
The court doubted whether the doctrine of issue estoppel is applicable in judicial review proceedings. After holding that on the facts of the case it did not arise as a defence, the court approved, by the way, the judgment at first instance which . .
Cited – Domenichini v Italy ECHR 15-Nov-1996
The court was concerned with the monitoring of the correspondence of prisoners, including legal correspondence. The Italian law permitted such monitoring if a judge, in his discretion, ordered it in a reasoned decision.
Held: ‘The Court . .
Cited – Opoku, Regina (on the Application of) v Principal of Southwark College and Another Admn 17-Oct-2002
The claimant sought permission to add grounds to his application for leave to bring a judicial review.
Held: There was no specific rule excluding a court from granting such a rule. Here however there was no change to support any such . .
Cited – Regina v Chesterfield Justices and Others, Ex Parte Bramley QBD 10-Nov-1999
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles . .
Cited – Klass And Others v Germany ECHR 6-Sep-1978
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Woolgar v Chief Constable of Sussex Police and UKCC CA 26-May-1999
The issue was the potential disclosure by the police to the nurses’ regulatory body of confidential information concerning the plaintiff, the matron of a nursing home. There had been insufficient evidence to charge the plaintiff with a criminal . .
Cited – Marcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
Cited – Golder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
Cited – Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
Appealed to – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO . .
Appeal from – Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office CA 11-Nov-2004
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO . .
Cited – Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.189144
The Crown Prosecution Service was in the process of pursuing a prosecution when the private prosecutor sought to bring a prosecution for a serious offence arising out of the same facts. There would be potentially concurrent prosecutions.
Held: Magistrates were not wrong to disallow a private prosecution in addition to crown prosecution. A private prosecutor does not have the unfettered right to a trial. Kennedy LJ said that on the question of the relevant considerations, when deciding whether to issue a summons in such a case: ‘The magistrate should have regard to all of the relevant circumstances of which he is aware . . . such as whether the incident giving rise to the information which he is considering has already been investigated by a responsible prosecuting authority which is pursuing what it considers to be the appropriate charges against the same proposed defendant.’
Kennedy LJ, Bell J
Independent 09-Jul-1993, Times 14-Sep-1993, [1994] QB 340
Prosecution of Offenders Act 1985 6(1)
England and Wales
Cited – Charlson, Regina (on the Application of) v Guildford Magistrates’ Court and others Admn 11-Sep-2006
The CPS had discontinued a prosecution. The magistrates were then asked to issue a summons for a private prosecution. The private prosecutor appealed against the refusal to issue the summons. A second summons was requested from a different . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.87326
The Coroner’s procedure to summon suitably qualified jurors is mandatory.
Times 04-Jun-1993
England and Wales
Updated: 21 July 2022; Ref: scu.87322
A damages claim survived admission of judicial review claim.
Gazette 17-Nov-1993
England and Wales
Updated: 21 July 2022; Ref: scu.87466
A claim for a declaration may be used to found a claim for damages.
Ind Summary 06-Sep-1993
England and Wales
Updated: 21 July 2022; Ref: scu.87467
There can be no Judicial Review available of a decision of the Lord Chancellor with regard to the appointment of Court reporters.
Independent 16-Mar-1993, Times 12-Mar-1993
England and Wales
Updated: 21 July 2022; Ref: scu.87215
The applicant sought review several years after a decision allowing an extension of a runway, having come to be affected by the increase in noise. She said the decision should only have been made after an assessment of the consequential environmental impact. She moved before the application was heard. Since she was no longer a person affected by the decision. Her application was refused.
Gazette 29-Sep-1999
England and Wales
Appeal from – Regina v North West Leicestershire District Council and Another, Ex Parte Moses CA 28-Apr-2000
The authority granted approval of an extension of the airport runway in 1994, but on a later application required an environmental impact assessment. That was provided, and dealt with the impact of both extensions. The applicant sought judicial . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.87449
The court considered that a failure by the district health authority to consult the community health council before closing a local hospital was unlawful.
Independent 18-Jun-1993, Times 22-Jun-1993
England and Wales
Updated: 21 July 2022; Ref: scu.87452
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act.
Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely circumscribed because of the alternative and preferred forms of challenge. The procedure was not discriminatory because by its nature it could only apply to non-nationals.
Mr Justice Collins
[2004] EWHC 588 (Admin), Times 13-May-2004, [2004] ACD 85, [2004] 3 All ER 286, [2004] 1 WLR 2953
Nationality, Immigration and Asylum Act 2002 101(3), Civil Procedure Rules 54.25(4)
England and Wales
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 Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Cited – 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 – Westminster City Council v O’Reilly and others CA 1-Jul-2003
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates.
Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the . .
Cited – Cheltenham Builders Ltd , Regina (on the Application of) v South Gloucestershire District Council Admn 10-Nov-2003
A claim was made for the review of a decision of the Council to amend the Register of Town and Village Greens (TVG).
Held: The registration of the TVG was manifestly flawed and could not stand whether under section 14 or by way of judicial . .
Cited – United Australia Ltd v Barclays Bank Ltd HL 1940
A person whose goods were wrongfully converted by another had a choice of two remedies against the wrongdoer. He could recover damages, in respect of the loss he had sustained by the conversion, or he could recover the proceeds of the conversion . .
Cited – In re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
Cited – Regina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
Cited – Leech v Governor of Parkhurst Prison HL 1988
The House was asked whether a disciplinary decision by a governor was amenable to judicial review.
Held: The functions of a governor adjudicating upon disciplinary charges are separate and distinct from his functions in running the prison; . .
Cited – Regina v Birmingham City Council ex parte Ferrero Ltd CA 1993
The case concerned the prohibition in respect of chocolate eggs containing plastic toys one of which had been swallowed by and choked to death a small boy, and a power in the interests of public safety to prohibit the sale of particular goods, which . .
Cited – Maaouia v France ECHR 5-Oct-2000
A deportation order, made against a Tunisian, was eventually quashed by the French Administrative Court and the Article 6 complaints related to the length of time taken in the proceedings. The Court’s reasoning why Article 6 does not apply to . .
Cited – Saleem v Secretary of State for Home Department CA 13-Jun-2000
A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power . .
Cited – Hindawi and Another v Secretary of State for the Home Department Admn 29-Jan-2004
The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.195000
Walker J
[2008] EWHC 1852 (Admin)
England and Wales
Cited – Boxall v Waltham Forest Borough Council 2001
The fact that the claimants were legally aided was immaterial when deciding what, if any, costs order to make between the parties in a case where they were successful and he declined to order that each side should bear its own costs. The court . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.272810
Application for leave to appeal against refusal of judicial review of decision to allow ratification of the Treaty of Nice.
Held: Refused. The application concerned matters which were not justiciable. Laws LJ accepted the submission of the Secretary of State that ‘ratification is a step taken on the international plane, and is not governed by domestic law nor operative at the level of domestic law.’
Laws LJ
[2003] EWCA Civ 384
England and Wales
Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.271056
Collins J
[2008] EWHC 1741 (Admin)
England and Wales
Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.271038
Judicial review not available for headmaster’s letter
Times 25-Jun-1993
England and Wales
Updated: 17 July 2022; Ref: scu.86778
The Commissioner’s exercise of their powers to impose a discretionary surcharge was not appeallable. An applicant wanting to challenge a surcharge should use a judicial review.
Times 02-Feb-1994
England and Wales
Updated: 17 July 2022; Ref: scu.80089
Defendant’s application for costs after withdrawal of judicial review claim.
Treacy J
[2012] EWHC 551 (Admin)
England and Wales
Updated: 13 July 2022; Ref: scu.459545
Mitting J
[2008] EWHC 107 (Admin)
Updated: 13 July 2022; Ref: scu.264085
The claimant sought judicial review of a decision to appoint two new members to the parades commission. His request succeeded at first instance, but had failed on appeal. He complained that letters inviting proposals for membership were sent to protestant organisations, but none went to nationalist groups including the residents association which he represented in a catholic area.
Held: The request succeeded. No Secretary of State could reasonably have confirmed the appointments made. The people appointed were so committed to one side of the community that they could not act with sufficient independence. The commission is not a court but it has a duty to seek to resolve contentious disputes by mediation where this is possible and, where it is not, to make determinations which will, so far as may be, reconcile the wishes of those who wish to parade with the wishes of those who do not wish to be intimidated, insulted or inconvenienced. These are not judicial tasks, but they are tasks which can only be satisfactorily performed by a body which is accepted by both parties as independent, objective and impartial in its approach. The two people appointed ‘had both been very prominent and committed proponents of the loyalist parade from Drumcree along the Garvaghy Road to Portadown. When appointed neither had resigned from the bodies to which they belonged and neither gave any recorded indication that he had changed his allegiance. No reasonable person, knowing of the two appointees’ background and activities, could have supposed that either would bring an objective or impartial judgment to bear on problems raised by the parade in Portadown and similar parades elsewhere. There is nothing in the papers which suggests that the interviewing panel recognised this problem at all, and I share the judge’s doubt, expressed in paragraph 16 of his judgment, whether they understood the nature of the task on which they were engaged. ‘
Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood
[2008] UKHL 4
Northern Ireland
Appeal from – Duffy, Re Application for Judicial Review CANI 9-Jun-2006
. .
Appeal from – Duffy, Re Application for Judicial Review CANI 9-Jun-2006
The claimant had sought judicial review of decisions to appoint new members of the parades commission, saying that preferences had been given to protestant groups who might send applicants.
Held: The defendants appeal succeeded, and the review . .
Cited – White, Application for Judicial Review QBNI 18-May-2000
. .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.264022
The Secretary of State proposed to introduce new regulations for the training of agricultural workers. It sent a notice inviting representations from a body representing the mushroom growing industry, but the letter was not received. The regulation was made, and the respondent now argued that it was not bound by the regulations because the industry had not been consulted as required.
Held: Consultation requires more than the mere giving of notice, or as in this case the sending of a letter: ‘the essence of consultation is the communication of a genuine invitation, extended with a receptive mind, to give advice’. Having decided that the industry representative should be consulted, the Secretary could not go ahead without doing so. The regulations were not binding on the defendant.
Donaldson J
[1972] 1 All ER 280
England and Wales
Cited – Pitmans Trustees Limited, Whitehead, Bracey-Wright v The Telecommunications Group Plc ChD 10-Feb-2004
. .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.188776
An application was made to put a child in care. The local authority created a care plan involving placing the child for adoption with a Jewish family. The mother wanted to have the child placed with long term foster parents, with some continuing contact. The guardian also had reservations about the scheme, because of the different religious background of the proposed adopters. An application for judicial review of the authority’s plan was presented.
Held: The correct procedure to challenge the care plan, was to make application within the care proceedings. The application for judicial review had added a six month delay. The proposed plan would be approved. The proposed adopters were committed to the child being brought up respectful of her origins.
Justice Wilson
Times 18-Apr-2002
Local Authority Social Services Act 1970
England and Wales
Updated: 13 July 2022; Ref: scu.169836
The court was asked whether, as a matter of law or of practice, an order for costs made in favour of a successful respondent to judicial review proceedings includes costs incurred prior to the grant of permission unless these are expressly excluded.
Held: An order of costs could properly include an order to recover costs incurred responding to the claimant’s complaints and enquiries before issue of judicial review proceedings, including the costs of serving the acknowledgment of service but excluding the costs of any oral permission hearing.
Sir Anthony Clarke MR, Sedley LJ, Lloyd LJ
[2007] EWCA Civ 1166, Times 21-Nov-2007, [2008] 1WLR 878
England and Wales
Cited – Smoke Club Ltd, Regina (on The Application of) v Network Rail Infrastructure Ltd Admn 29-Oct-2013
The claimant had been refused leave to bring judicial review. It then renewed its application before finally wthdrawing it. The court now considered liability for costs.
Held: ‘There are particular reasons for the particular rules governing . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.261311
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the inclusion, in the parenthesis to section 67(8), of a specific reference to decisions relating to ‘jurisdiction’?’
Held: The appeal was allowed (Sumption, Reed, Wilson LL dissenting). Section 67(8) does not oust the supervisory jurisdiction of the High Court for errors of law. The interpretation of section 67(8) must be informed by the close parallel with the provision under review by the House of Lords in Anisminic. The draftsman could have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all. The reference to a determination was to be read as a reference only to a legally valid determination.
Lady Hale, President, Lord Reed, Deputy President, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Lloyd-Jones
[2020] AC 491, [2019] 2 WLR 1219, [2019] UKSC 22, [2019] 4 All ER 1, [2019] HRLR 13, UKSC 2018/0004
Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC ’18 Dec 03 am Video, SC ’18 Dec 03 pm Video, SC ’18 Dec 04 am Video, SC ’18 Dec 04 pm Video
Regulation of Investigatory Powers Act 2000 67(8), Human Rights Act 1998
England and Wales
At CA – Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others CA 23-Nov-2017
The claimant sought to bring judicial review against the IPT. The IPT argued that section 67(8) of the 2000 Act prevented such a claim. . .
At IPT – Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others IPT 5-Dec-2014
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret . .
At Admn – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal Admn 2-Feb-2017
PI appealed from a ruling of the IPT that the provision which empowered the Secretary of State to authorise ‘the taking . . of such action as is specified in the warrant in respect of any property so specified’ was wide enough to encompass computer . .
Cited – Money and Others v Leach 1746
. .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Al-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
Cited – Brown (Jamaica), Regina (on The Applications of) v Secretary of State for The Home Department SC 4-Mar-2015
B, an homosexual immigrant for Jamaica, resisted his return, saying that he would be prosecuted. The Secretary of State now appealed against a finding that his inclusion of Jamaica within the statutory list of safe countries for return was not . .
Cited – Miranda v Secretary of State for The Home Department and Others Admn 19-Feb-2014
The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of . .
Cited – Malone v The United Kingdom ECHR 2-Aug-1984
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in . .
Cited – Belhadj and Others v Security Service and Others (Including Determination) IPT 29-Apr-2015
The court considered the methods used for collection of information by the security services, and gave the following guidance: ‘(i) Whether in fact there has been, prior to 18 November 2014, soliciting, receiving, storing and transmitting by UK . .
Cited – Kennedy v United Kingdom ECHR 18-May-2010
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
Cited – Weber and Saravia v Germany ECHR 29-Jun-2006
(Admissibility) ‘The first applicant is a freelance journalist who works for various German and foreign newspapers, radio and television stations on a regular basis. In particular, she investigates matters that are subject to the surveillance of the . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime.
Held: The appeal succeeded. ‘The giving of . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.636999
The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, the company asked the Crown Court to state a case for the Divisional Court. The Recorder refused as to two points, saying that they were decisions of fact not law. The company sought judicial review for mandamus to require the case to be stated.
Held: The court heard an appeal which should have been brought by way of judicial review. The court gave the necessary directions, and proceeded to treat the hearing as such an application.
Simon Brown LJ suggested the appropriate practice: ‘(1) Where a court, be it a Magistrates’ Court or a Crown Court, refuses to state a case, then the party aggrieved should without delay apply for permission to bring judicial review, either (a) to mandamus it to state a case and/or (b) to quash the order sought to be appealed.
(2) If the court below has already (a) given a reasoned judgment containing all the necessary findings of fact and/or (b) explained its refusal to state a case in terms which clearly raise the true point of law in issue, then the correct course would be for the single judge, assuming he thinks the point properly arguable, to grant permission for judicial review which directly challenges the order complained of, thereby avoiding the need for a case to be stated at all.
(3) If the court below has stated a case but in respect of some questions only, as here, the better course may be to apply for the case stated to be amended unless again, as here, there already exists sufficient material to enable the Divisional Court to deal with all the properly arguable issues in the case.
(4) This court for its part will adopt whatever course involves the fewest additional steps and the least expense, delay and duplication of proceedings. Whether, as in Ex Parte Levy, it will be possible to proceed at once to a substantive determination of the issues must inevitably depend in part upon whether all interested parties are represented and prepared, and in part upon the availability of court time.’
Simon Brown LJ, Turner J
[2000] 1 WLR 2102, [1999] EWHC QB 271
Trade Descriptions Act 1968 14(1)(b)(ii)
England and Wales
Cited – Regina v Crown Court at Ipswich, ex parte Baldwin QBD 1981
Proceedings to challenge a Crown Court’s decision may be brought: ‘either by case stated or by judicial review, whichever is the most convenient in the circumstances.’ Donaldson LJ said that in the circumstances of the case: ‘it is much more . .
Cited – Regina v Metropolitan Stipendiary Magistrates ex parte Levy Admn 16-Jun-1997
The court was asked whether a defendant can be convicted of driving while disqualified notwithstanding that, subsequent to the act of driving in question, he has successfully appealed against the conviction for which he had earlier been . .
Cited – Gillan v The Director of Public Prosecutions Admn 15-Feb-2007
Before committing the defendant for sentence, the magistrates court had itself decided on disputed facts behind the plea. After being committed to the Crown Court, the defendant asked that court to conduct a further hearing to determine the facts. . .
Cited – Vitesse Networks Ltd, Regina (on The Application of) v North West Wiltshire Magistrates Court Admn 10-Dec-2009
. .
Cited – Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest Admn 8-Jun-2006
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no . .
Cited – Skelton, Regina (on The Application of) v Winchester Crown Court Admn 5-Dec-2017
The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.253207
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a special advocate but not to the Appellants. As will appear, this depends on whether the judicial review proceedings are ‘proceedings in a criminal cause or matter’.
Held: The Appellants are entitled to succeed on this appeal because in its ordinary and natural meaning ‘proceedings in a criminal cause or matter’ include proceedings by way of judicial review of a decision made in a criminal cause, and nothing in the context or purpose of the legislation suggests a different meaning. Judicial review as such cannot be regarded as an inherently civil proceeding. It may or may not be, depending on the subject-matter. What is clear is that it is an integral part of the criminal justice system, whose availability is in many cases essential to the fairness of the process and its compliance with article 6 of the Human Rights Convention.
Baroness Hale of Richmond PSC, Lord Wilson, Lord Sumption, Lord Lloyd-Jones JJSC, Lord Mance
[2018] UKSC 33, [2018] 3 WLR 435, [2019] AC 593, [2018] 4 All ER 561, [2018] 2 Cr App R 33, [2018] WLR(D) 441
England and Wales
Appeal from – Belhaj and Another v Director of Public Prosecutions Admn 1-Dec-2017
The claimants alleged that the defendants had been involved in their unlawful rendition in 2004 from Thailand to Libya, in particular now challenging by judicial review the decision not to prosecute certain senior British Officers. . .
Cited – Ex parte Alice Woodhall CA 8-May-1888
Extradition proceedings are in their nature criminal proceedings. Lindley LJ said: ‘Can we say that the application in the present case is not an application in a criminal cause or matter? I think that in substance it certainly is. Its whole object . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – Regina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
Cited – A and Others v The United Kingdom ECHR 19-Feb-2009
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the . .
Cited – Belhaj and Another v Straw and Others QBD 21-Jul-2017
The claimant sought a declaration that the acts of the defendants had contributed to his unlawful rendition into US custody during the Iraq War, and that such actions were criminal. The Defendants applied for a declaration that these are proceedings . .
Cited – Kennedy v United Kingdom ECHR 18-May-2010
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
Cited – Sarkandi and Others, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 14-Jul-2015
Appeal from order allowing use of closed material procedures under section 6 of the 2013 Act.
Richards LJ said: ‘The 2013 Act is one of those in which Parliament has stipulated that a closed material procedure may be permitted by the court. It . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Home Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
Cited – Blackburn v Commissioner of the Police for the Metropolis CA 1968
By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is . .
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 – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – Mohit v The Director of Public Prosecutions of Mauritius PC 25-Apr-2006
(Mauritius) The board was asked whether the decision of the Director to discontinue a private prosecution was a decision capable of review by the courts under the constitution of Mauritius. . .
Cited – Aru, Regina (on The Application of) v The Chief Constable of Merseyside CA 30-Jan-2004
Appeal against cautioning after allege public order offence on basis that it had been given other than in accordance with guidelines. . .
Cited – Regina v Maidstone Crown Court, ex Parte Harrow London Borough Council QBD 30-Apr-1999
The High Court may review, on an application made by a properly interested party, a decision made by a Crown Court under the Act. Although this related to a trial on indictment, the Crown Court judge had made an order without jurisdiction. . .
Cited – Regina v Manchester Crown Court and Ashton and Others, ex parte Director of Public Prosecutions HL 7-May-1993
A Crown Court decision to stay an indictment for lack of jurisdiction, was not susceptible to Judicial Review. This was a ‘decision affecting conduct of trial’. The House considered the meaning of the phrase ‘other than its jurisdiction in matters . .
Cited – Provincial Cinematograph Theatres Ltd v Newcastle upon Tyne Profiteering Committee HL 1921
Under Section 1 of the Profiteering Act 1919, the Board of Trade had power to receive and investigate complaints of excessive profiteering. Section 2 of the Act gave a power to establish local committees to make such reports with a view to . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Cited – Barras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
Cited – Amand v Home Secretary and Minister of Defence of Royal Netherlands Government HL 1943
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a . .
Cited – ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .
Cited – Carnduff v Inspector Rock and Chief Constable West Midlands Police CA 11-May-2001
The claimant was a police informer. Over several years he had given and been paid for information. He claimed that on one occasion he had given information which had led to the arrest of a major criminal, but the police denied that any information . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Cited – Ex parte Pulbrook QBD 11-Mar-1892
A judge in chambers gave permission pursuant to the Law of Libel Amendment Act 1888 to bring proceedings for criminal libel. The proposed defendant sought to appeal. This raised the question whether the order was made in ‘criminal proceedings’ . .
Cited – Khaled and Another v The Secretary of State for Foreign and Commonwealth Affairs and Others Admn 15-Jun-2017
The Claimants were designated by the UN Sanctions Committee in 2007 and 2008 respectively as individuals suspected of being associated with Al-Qaida and the Libyan Islamic Fighting Group, and of being involved in terrorism. They sought judicial . .
Cited – Mcgartland and Another v Secretary of State for The Home Department CA 14-Jul-2015
Appeal against a declaration under section 6 of the 2013 Act that proceedings brought by Mr McGartland and his long-term partner, Ms Asher, are ‘proceedings in which a closed material application may be made to the court’. . .
Cited – CF v The Security Service and Others QBD 7-Nov-2013
The claimants alleged that the defendants had been complicit in their unlawful detention, torture and mistreatment whilst held in Somalia pending being brought to the UK in 2011. The defendants now applied for a declaration permitting closed . .
Cited – Regina v Inland Revenue Commissioners, Ex parte T C Coombs and Co HL 1991
The House heard an application judicially to review a notice served by an inspector of taxes under section 20 of the 1970 Act, requiring T C Coombs and Co to deliver or make available for inspection documents in their possession relevant to the tax . .
Cited – Farrell v Alexander HL 24-Jun-1976
The House considered the construction of a consolidation Act.
Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the . .
Cited – Barras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
Cited – McGuinness, Re Application for Judicial Review (No 2) SC 19-Feb-2020
The claimant challenged the calculation of the release date from prison after conviction of MS of the murder of her husband. The AG also argued that the proper appeal was to the Court of Appeal from Northern Ireland and not the Supreme Court.
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.619944
The Royal Mail appealed a grant of judicial review of the decision of the Post regulator not to penalise the company for its failure to meet its service conditions as regards enforcement of credit terms for bulk mail customers.
Held: The natural meaning of clause 20(b) of the statutory licence is that Royal Mail is not obliged to provide any compensation to bulk mail senders who are in default of credit terms, and was limited to those who had no reasonable excuse for default. The Royal Mail failed on the time issue but succeeded in its interpretation of the way of netting off payments against compensation for service failures.
Laws LJ, Sedey LJ, Maurice Kay LJ
[2007] EWCA Civ 167, Times 13-Apr-2007
Postal Services Act 2000 22, Postal Services Directive 97/67/EC 19
England and Wales
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Appeal from – Consumer Council for Postal Services (Postwatch), Regina (on the Application of) v Postal Services Commission and Another Admn 19-Dec-2005
Judicial review was granted of the decision of the respondent not to penalise Royal Mail (for which it was regulator) for its failure to meet its service standards. . .
Cited – Regina v Investors Compensation Scheme Ltd, ex Parte Bowden and Another HL 18-Jul-1995
A regulated firm, Fisher Prew-Smith, ran a scheme whereby elderly homeowners were persuaded to invest money in equity-linked funds by mortgaging their homes on terms that the interest would roll up unless and until the total mortgage debt reached a . .
Cited – Nzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.249914
The local authority, operators of the market, increased the rents payable by the tenants. The tenants sought a review of the decision.
Held: The act was that of a public authority and was subject to judicial review. The market stall-holders were entitled to be consulted before charges were increased.
Hutchinson J
[1994] 6 Admin L R 553, Times 28-Jan-1993, (1993) COD 340
Local Government (Miscellaneous Provisions) Act 1976
England and Wales
Followed – Regina v Barnsley Metropolitan Borough Council, ex parte Hook CA 1976
The applicant applied to have quashed the decision of the local council to exclude him from trading in the market and to revoke his right to have a stall.
Held: He succeeded on the grounds that the decision had been taken in breach of the . .
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.
Updated: 10 July 2022; Ref: scu.185803
The claimant sought permission to add grounds to his application for leave to bring a judicial review.
Held: There was no specific rule excluding a court from granting such a rule. Here however there was no change to support any such application, and leave was refused. An appeal from such a refusal lay to the Court of Appeal. The court had a discretion to grant permission, but it should be granted only where there had been some change in circumstances. Such decisions were interlocutory in their nature and not final and therefore not capable of bringing into play the doctrine of res judicata. However a fresh application might be vulnerable to dismissal as an abuse unless new material was advanced in support of it.
Lightman J
Times 07-Nov-2002, Gazette 14-Nov-2002, [2002] EWHC 2092 (Admin), [2003] 1 WLR 234
England and Wales
Explained – Regina (Smith, Trevor) v Parole Board CA 30-Jun-2003
The applicant had been granted leave to present a petition for judicial review, but on certain grounds only. On the hearing, he sought again to present the case including the grounds upon which permission had not been granted.
Held: The judge . .
Cited – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.178018
The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions.
Times 29-Oct-1996, [1996] EWHC Admin 60
England and Wales
Cited – Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions HL 1991
The applicant had left the USA after conviction, but before his prison term commenced, and a warrant issued. Nine years later he was arrested in the UK, and extradition sought. He said that the extradition was time-barred under the Order. The . .
Cited – In Re Schmidt HL 1-Jul-1994
The appellant sought to persuade the House that in extradition proceedings the courts enjoyed a similar jurisdiction to that exercised in Bennett.
Held: The appeal failed. The High Court has no inherent power to intervene in extradition . .
Appeal from – Regina v Secretary of State For The Home Department, Ex Parte Launder HL 13-Mar-1997
The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force . .
See Also – In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail Admn 21-May-1997
. .
See Also – Regina v Secretary of State for the Home Department ex parte Launder QBD 18-Mar-1998
Speciality protection requirement satisfied by undertaking for re-surrender given by Hong Kong Chief Executive, despite excess time on bail. For the purposes of a challenge to extradition under domestic law, an applicant for habeas corpus is to be . .
See Also – Launder v The United Kingdom ECHR 8-Dec-1997
The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region.
Held: The application was manifestly ill-founded: . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.136608
The applicants (members of the band ‘Status Quo’) sought judicial review of a decision of the respondent to exclude their music from Radio 1 playlists.
Held: There was no sufficient evidence of a decision of the sort alleged, and therefore no grounds for judicial review. There were in any event parallel private law proceedings where these issues could be and should be raised and resolved.
[1996] EWHC Admin 20
England and Wales
Updated: 10 July 2022; Ref: scu.136568
The university was concerned at the way it saw the students’ union being run, and imposed a constitution which resulted in the claimants being dismissed. The claimants sought judicial review of the imposition of the new constitution, but that was outside the three months limit. That delay was overwhelming to the case. Two applicants sought review of the imposition of the new disciplinary procedures. They had shown no unfairness, and no longer being students had no further proper interest in the management of the Union’s affairs.
Jowitt J
[1996] EWHC Admin 18
England and Wales
Appeal from – Anyanwu and Another v South Bank Students’ Union South Bank University CA 19-Mar-1999
The applicants sought an extension of time to apply to set aside leave to appeal given to their opponents.
Held: The cause of the respondent seemed weak, but raised a point of law which needed determination and the appeal should be allowed to . .
See Also – Anyanwu and Another v South Bank Students’ Union and Another CA 4-Nov-1999
A university was not acting in a racially discriminatory manner because of the acts of its student union in dismissing two workers after the university had itself expelled them as students. The term ‘knowingly aided’ in the Act was not to be read so . .
At first instance – Anyanwu and Another v South Bank Student Union and Another HL 24-May-2001
The university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination.
Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.136566
The asylum applicant sought judicial review of interlocutory decisions of an immigration judge. The defendant said that there was a statutory procedure and that therefore that had to be followed rather than judicial review.
Held: The application could go ahead. The application raised an issue of considerable importance. secion 103A had been introduced to speed up hearings by making the decisions of immigration judges final, allowing an alternative. Here the application had not received the most anxious scrutiny it deserved, and the applicant had not received the highest standards of fairness. In such circumstances judicial review might be available.
Waller LJ, Rix LJ, Hooper LJ
[2007] EWCA Civ 131, Times 11-Apr-2007
Nationality, Immigration and Asylum Act 2002 103A
England and Wales
Cited – Regina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal CA 16-Dec-2004
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 July 2022; Ref: scu.248989
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality.
Held: Disclosure rules are different in judicial review proceedings since such cases raise primarily issue of law rather than fact. However human rights decisions are more fact specific, and disclosure may increase. The documents should be disclosed by the commission to the judge in the case so that he might assess what they might add to the proceedings.
Lord Bingham said that judicial review cases involving human rights issues: ‘tend to be very fact-specific and any judgment on the proportionality of a public authority’s interference with a protected Convention right is likely to call for a careful and accurate evaluation of the facts. But even in these cases, disclosure should not be automatic. The test will be whether, in the given case, disclosure appears to be necessary in order to resolve the matter fairly and accurately’
Lord Bingham of Cornhill, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood
[2007] 1 AC 650, [2006] UKHL 53, Times 15-Dec-2006, [2007] 2 WLR 1, [2007] 2 All ER 273
European Convention on Human Rights 9 10 11, Public Processions (Northern Ireland) Act 1998
England and Wales
Cited – Campaign for Nuclear Disarmament (CND) v Prime Minister and others Admn 17-Dec-2002
CND sought an advisory declaration as to the meaning of UN Security Council resolution 1441, which had given Iraq ‘a final opportunity to comply with its disarmament obligations’ and whether the resolution authorised states to take military action . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Regina v Secretary of State for Home Department ex parte Harrison CA 16-Jul-1997
In judicial review the court is not required to consider the route by which the impugned decision is reached, but only the terminus. . .
Cited – Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2) PC 13-Aug-2003
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim . .
Cited – Regina v Secretary of State for the Environment, Ex parte Islington London Borough Council and the London Lesbian and Gay Centre 1997
Unless there is some prima facie case for suggesting that the evidence relied upon by the deciding authority is in some respects incorrect or inadequate it is improper to allow disclosure of documents, the only purpose of which would be to act as a . .
Cited – Re Rooney’s Application 1995
. .
Cited – Regina v Secretary of State for the Environment ex parte Islington London Borough Council CA 19-Jul-1991
The court considered the proper range within which challenges to affidavit evidence given in judicial reviw proceedings should be kept. Dillon LJ said: ‘The . . argument is stated to have been that an applicant is not entitled to go behind an . .
Cited – Re McGuigan’s Application 1994
. .
Cited – Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
Cited – Regina v Secretary of State for Home Department ex parte Fayed CA 13-Nov-1996
The nature of the Secretary of State’s objections and a chance to reply are to be given if the Secretary intends to deny an application for naturalisation. Administrative convenience cannot justify unfairness. The court deprecated ‘fishing . .
Cited – Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias HL 1-Nov-1979
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination.
Held: The court . .
Cited – Dubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – Dubai Bank Ltd v Galadari (No 7) ChD 1992
The court approved the proposition that the starting point for the court in addressing the selection of documents for discovery is that the court should accept a solicitor’s affidavit claiming privilege as conclusive ‘unless it can be seen . .
Cited – Regina v Secretary of State for Health, Ex parte Hackney London Borough Council CA 29-Jul-1994
. .
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 (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
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 – Al-Sweady and Others, Regina (On the Application of) v Secretary Of State for Defence (PII) Admn 10-Jul-2009
The claimants alleged murder and ill-treatment by the British Armed forces in Iraq. The defendant had failed repeatedly to comply with disclosure orders and an indemnity costs award had been made against him. The defendant had in particular . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
Cited – Al-Sweady and Others, Regina (on the Application of) v Secretary of State for the Defence Admn 2-Oct-2009
The claimant’s son had died whilst in the custody of the British Armed Forces in Iraq. His uncle now claimed that his human rights had been infringed. The case ‘raised a fundamental issue of jurisdiction under Article 1 of the ECHR because if the . .
Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v The Independent Reviewer of Advertising Standards Authority Adjudications Admn 10-Nov-2014
The two supermarkets had price matching comparison schemes. Sainburys complained that the Independent Reviewer’s decsion that the ASA’s response to is complant as to the Tesco scheme was itself flawed. They had complained that the selections for . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.247399
The claimant campaigned to correct what she said was a miscarriage of justice in the prosecution and conviction of her brother Derek Bently for murder. He had been hanged, and she challenged the refusal of a posthumous free pardon.
Held: A decision to refuse to issue any pardon based on a failure to identify the possibility in law of a conditional pardon may be reviewable
Watkins, Neill LJJ, Tuckey J
[1993] EWHC Admin 2
England and Wales
Cited – Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.245690
The court was asked ‘Was the court below wrong when it exercised its discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued? ‘
[2019] EWCA Civ 737
England and Wales
Updated: 08 July 2022; Ref: scu.637970
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland.
Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be where the applicant was living, and in this case the applicant would be time barred from an application in England. Although a Court has a discretion to refuse a remedy in judicial review on what may be described as equitable grounds, it has no discretion to refuse to entertain a competent application.
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell
[2006] UKHL 47, Times 19-Oct-2006, [2006] 3 WLR 699, [2007] 1 All ER 559, 2006 SCLR 879
Immigration and Asylum Act 1999, Immigration and Asylum Appeals (Procedure) Rules 2000 (SI 2000/2333, Civil Jurisdiction and Judgments Act 1982 46(1)
Scotland
Cited – Regina v Commissioner for the Special Purposes of the Income Tax Acts, Ex parte R W Forsyth Ltd 1897
The Scottish taxpayer had agreed that this appeal againat an assessment to corporation tax issued in Scotland was better heard in England. He sought judicial review of a refusal to suspend an order for repayment pending his appeal.
Held: While . .
Cited – Regina (Majead) v Immigration Appeal Tribunal, Secretary of State for the Home Department Interested Party CA 1-Apr-2003
The applicant had arrived in England to apply for asylum but had then been moved to Scotland. A decision of the adjudication officer in Scotland had been heard by the Immigration Appeal Tribunal sitting in London. The claimant sought a High Court . .
Cited – Sokha v Secretary of State for the Home Department SCS 1992
Mr Sokha had entered and remained in England illegally. He was found and detained in prison in England by the authority of an immigration officer. He began initiated proceedings in the Court of Session for judicial review of the decision to detain . .
Cited – Rutherford v Lord Advocate 1931
The taxpayer lived in Scotland but was assessed to tax in respect of director’s fees paid to him by a company carrying on business in England. The assessment was confirmed by county general commissioners. The tax not having been paid, execution was . .
Cited – Lord Advocate v R W Forsyth Ltd 1986
The taxpayer appealed his corporation tax assessments and had applied to a special commissioner for postponement of payment. The applications was to be heard in Glasgow, but for convenience it was heard in London, where it failed. The taxpayer then . .
At Outer House – Behrouz Tehrani for Judicial Review of Decisions of an Adjudicator and of an Immigration Appeal Tribunal OHCS 3-Apr-2003
The supervisory jurisdiction of the Court of Session did not extend to a review of the decisions of the adjudicator or the IAT in England. Both of them had sat outside Scotland, and therefore any judgment of the court could not be enforced against . .
Cited – Petition of Behrouz Tehrani for Judicial Review and Answers OHCS 27-Apr-2004
. .
Cited – Fourie v Le Roux and others HL 24-Jan-2007
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for . .
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.
Updated: 08 July 2022; Ref: scu.245382
The court was asked whether the Medical Defence Union is a ‘public body’ or exercises a ‘public function’ so as to make its decisions amenable to judicial review.
Mr Justice Newman
[2006] EWHC 1948 (Admin)
Updated: 07 July 2022; Ref: scu.244240
The claimant sought judicial review of the authority’s distribution to the media of a CCTV film of his attempted suicide.
Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection.
Harrison J
Times 18-Dec-1997, [1997] EWHC Admin 1041
Criminal Justice and Public Order Act 1994 111
England and Wales
Updated: 07 July 2022; Ref: scu.86197
The court considered the consequences of delay in applications for judicial review: ‘It is important that those parties, and indeed the public generally, should be able to proceed on the basis that the decision is valid and can be relied on, and that they can plan their lives and make personal and business decisions accordingly.’ The court rejected a submission that the requirement in CPR 54.5(1) for an application for judicial review to be made ‘promptly’ offended against the principle of ‘legal certainty’ in European law.
[2006] EWCA Civ 1008
England and Wales
Cited – Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd CA 10-Oct-2008
Judicial Review must be timely
The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits.
Held: The court repeated the requirement that an application must be both . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 July 2022; Ref: scu.243364
JB challenged his detention under the 1983 Act.
Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee.
Auld LJ, Scott Baker LJ, neuberger LJ
[2006] EWCA Civ 961, [2006] HRLR 40
England and Wales
Cited – T-Mobile (Uk) Ltd. and Another v Office of Communications CA 12-Dec-2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 July 2022; Ref: scu.243063
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an order would question the legitimacy of the actions of a foreign sovereign state, and to adjudicate upon executive actions in the conduct of foreign affairs. The detention was objectionable. The court could provide no direct remedy, since the British government had no control nor active part in it. There was no legitimate expectation created which could support an application for judicial review of the actions of the respondent. The government could continue to make representations, but that must always be in the respondents discretion. The respondent had properly considered the requests, and no more could reasonably be expected.
Phillips MR, Waller, Carnwath LJJ
Times 08-Nov-2002, Gazette 06-Dec-2002, [2002] EWCA Civ 1598, [2002] All ER (D) 70, [2003] UKHR 76
England and Wales
Cited – Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
Cited – Eisentrager v Forrestal 5-Jun-1949
(US Supreme Court) German citizens had been convicted of espionage by a United States military commission after the surrender of Germany at the end of the Second World War. They were repatriated to Landsberg Prison in Germany to serve their . .
Cited – Buck v Attorney General CA 2-Jan-1965
By an action for declaratory relief, a challenge was offered to the validity of the Order in Council giving effect to the 1961 Act.
Held: The appeal failed. As a matter of international comity an English court should not grant declarations . .
Cited – Buttes Gas and Oil Co v Hammer (No 3) HL 1981
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved . .
Cited – Westland Helicopters Ltd v Arab Organisation for Industrialisation 1995
International arbitration proceedings under a joint venture agreement had led to an award in Westland’s favour against the Organisation. The award was converted into a judgment and Westland obtained garnishee orders nisi against six London banks. . .
Cited – British Airways Board v Laker Airways Limited HL 1985
The plaintiffs tried to restrain the defendant from pursuing an action in the US courts claiming that the plaintiffs had acted together in an unlawful conspiracy to undermine the defendant’s business.
Held: The action in the US were unlawful . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another Admn 19-Mar-1998
The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus.
Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power . .
Cited – In re Barcelona Traction, Light and Power Co Ltd (Belgium v Spain) (second phase) ICJ 5-Feb-1970
ICJ The claim arose out of the adjudication in bankruptcy in Spain of Barcelona Traction, a company incorporated in Canada. Its object was to seek reparation for damage alleged by Belgium to have been sustained . .
Cited – Oppenheimer v Cattermole (Inspector of Taxes) HL 5-Feb-1975
HL Income tax, Schedule D – Foreign possessions – Double taxation relief – German government pension for past services – Paid to British subject of German origin – Whether German nationality deemed to be retained . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs, ex parte Pirbhai CA 1985
Sir John Donaldson MR said: ‘in the context of a situation with serious implications for the conduct of international relations, the courts should act with a high degree of circumspection in the interests of all concerned. It can rarely, if ever, be . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Cited – Shergill and Others v Khaira and Others SC 11-Jun-2014
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. . .
Approved – Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 July 2022; Ref: scu.178026
(Trinidad and Tobago) Court’s discretion as to costs where an application is made for leave to apply for Judicial Review, but where no such proceedings are thereafter instituted, because the subject matter of the applicant’s complaint is speedily resolved.
Lord Reed, Lord Briggs, Lady Arden
[2019] UKPC 18
England and Wales
Updated: 06 July 2022; Ref: scu.638481
(Court of Appeal of the Republic of Trinidad and Tobago)
Lord Wilson, Lord Hodge, Lady Arden, Lord Kitchin, Lord Sales
[2019] UKPC 21
England and Wales
Updated: 06 July 2022; Ref: scu.638478
The claimants sought judicial review of changes to the schemes for the compensation for victims of miscarriages of justce.
Held: The application was refused.
May LJ discussed the Code of Practice, saying: ‘The Introduction states that the Code and the criteria apply to all public consultations by government departments and agencies. Mr Swift submits, correctly in my view, that this means that the Code is to apply whenever it is decided as a matter of policy to have a public consultation; not that public consultation is a required prelude to every policy change. The Code states that it does not have legal force but should generally be regarded as binding on United Kingdom departments and their agencies unless Ministers conclude that exceptional circumstances require a departure from it. Ministers retain their existing discretion not to conduct a formal written consultation exercise under the terms of the Code, for example where the issue is very specialised and where there is a very limited number of so-called stakeholders who have been directly involved in the policy development process.
For the reasons given by Mr Swift, I do not consider that it is possible to read this document as any form of governmental promise or undertaking that policy changes will never be made without consultation. It would be very surprising if it could be so read, not least because a decision in a particular case whether to consult is itself a policy decision. Rather the Code prescribes how generally public consultation should be conducted if there is to be public consultation.’
May LJ and Gray J
Unreported, 26 June 2007
England and Wales
Appeal from – Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor CA 9-Jul-2008
The appellants each challenged alterations to the scheme for compensation of the victims of miscarriages of justice.
Held: Laws LJ emphasised the special nature of the promise or practice which was necessary to give rise to a substantive . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 July 2022; Ref: scu.536301
Attempt to avoid normal civil appeal process by use of judicial review – whether abuse of process. The underlying claim had been struck out as having no reasonable prospect of success. Permission to appeal had been refused. Permission to bring judicial review of that decision had itself been refused on the basis that the CPR provided a comprehensive system of appeals, which could not be circumvented by judicial review. The claimant now appealed against that refusal.
Held: The County Court had been given extensive and draconian case management powers, and the decisions challenged fell welll within those case management powers. The appeal failed.
Wilkie J
[2005] EWHC 3115 (Admin)
England and Wales
Updated: 04 July 2022; Ref: scu.238163
[1999] ScotCS 78
Scotland
Updated: 04 July 2022; Ref: scu.163510
[1997] EWHC Admin 694
England and Wales
See Also – Scott v The National Trust CA 1998
Trustees, in the exercise of their fiduciary discretions, are under constraints which do not apply to adult individuals disposing of their own property. Walker LJ said: ‘Certain points are clear beyond argument. Trustees must act in good faith, . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 July 2022; Ref: scu.137639
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal.
Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is within the ambit of a particular repairing covenant involves the application of legal principles to the facts, the terms of the particular lease or leases, and expert evidence. However, although, in a Platonic sense, there may be only one right answer in any particular case, in practice it is frequently difficult to discern that answer with confidence, and there is often room for disagreement between lawyers, including Judges, as to what it is.’
Auld, Laws, Neuberger LJJ
Times 28-Nov-2005, [2005] EWCA Civ 1305, [2006] 3 All ER 650
England and Wales
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Cited – Lane v Esdaile HL 5-May-1891
The court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The . .
Cited – In re Housing of the Working Classes Act 1890, Ex parte Stevenson CA 1892
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused.
Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature . .
Cited – Bland v Chief Supplementary Benefit Officer CA 1983
(Orse R(SB) 12/83)) The commissioner refused had leave to appeal against a decision of the Supplementary Benefit Appeal Tribunal.
Held: No appeal lay to it against a decision of a Commissioner refusing leave to appeal from a decision of an . .
Cited – Orchard Court Residents’ Association v St Anthony’s Homes Ltd CA 2003
. .
Cited – Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Cited – In re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
Cited – Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council CA 19-Feb-2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power.
Held: The right of a litigant in person to represent himself was a personal right, and . .
Cited – Regina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal CA 16-Dec-2004
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review . .
Cited – North Range Shipping Ltd v Seatrans Shipping Corporation CA 14-Mar-2002
The parties had been involved in an arbitration. The claimant sought leave to appeal. The judge refused to give leave, but did not say exactly why.
Held: Human Rights law required a right of appeal. That right could only be exercised properly . .
Cited – Pembery v Lamdin CA 1940
There was an obligation on the landlord to keep the premises in repair in the condition in which they were demised. The premises were ground floor and basement premises which were let for the purpose of providing accommodation for the public for . .
Cited – Elmcroft Developments Ltd v Tankersley-Sawyer CA 1984
The premises were a part of a late Victorian purpose-built mansion block consisting of 27 flats, including seven basement flats. They formed part of a larger terrace of buildings of a similar character and provided high-class accommodation in a . .
Cited – Wainwright v Leeds City Council CA 1984
The court considered the landlord’s covenant for repair of residential property.
Held: The installation of a damp-course in property which did not previously have one was not a repair: ‘applying the facts of that case to the facts of this . .
Cited – Eyre and others v McCracken CA 10-Mar-2000
The court considered the tenant’s covenant to repair in the context of a need for a damp course: ‘I have regard to the age, (over 150 years) and the design of the building. It has no damp-proof course . . I bear in mind the limited interest of the . .
Cited – Cart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
Disapproved – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Cited – The Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold CA 5-Jul-2012
The Court considered whether it had jurisdiction to grant permission to appeal against a decision of the President of the Upper Tribunal (Lands Chamber) refusing permission to appeal to the UT against a decision of the Leasehold Valuation Tribunal. . .
Cited – Sarfraz v Disclosure and Barring Service CA 22-May-2015
The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 July 2022; Ref: scu.234559
[2002] EWCA Civ 1746
England and Wales
Updated: 03 July 2022; Ref: scu.217818
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into consideration for the purpose.
Held: When a challenge is made in court to a decision of a public authority, there is an obligation on a respondent public authority to put before the Court the material necessary to deal with the relevant issues. Sir John Donaldstone set out the duty of candour applicable within the developing area of judicial review: ‘This development has created a new relationship between the courts and those who derive their authority from public law, one of partnership based on a common aim, namely the maintenance of the highest standards of public administration . . The analogy is not exact, but just as the judges of the inferior courts when challenged on the exercise of their jurisdiction traditionally explain fully what they have done and why they have done it, but are not partisan in their own defence, so should be the public authorities. It is not discreditable to get it wrong. What is discreditable is a reluctance to explain fully what has occurred and why . . Certainly it is for the applicant to satisfy the court of his entitlement to judicial review and it is for the respondent to resist his application, if it considers it to be unjustified.
But it is a process which falls to be conducted with all the cards face upwards on the table and the vast majority of the cards will start in the authority’s hands.’
Sir John Donaldson MR discussed the dvelopment of administrative law saying: ‘This development has created a new relationship between the courts and those who derive their authority from the public law, one of partnership based on a common aim, namely the maintenance of the highest standards of public administration . . The analogy is not exact, but just as the judges of the inferior courts when challenged on the exercise of their jurisdiction traditionally explain fully what they have done and why they have done it, but are not partisan in their own defence, so should be the public authorities. It is not discreditable to get it wrong. What is discreditable is a reluctance to explain fully what has occurred and why . . Certainly it is for the applicant to satisfy the court of his entitlement to judicial review and it is for the respondent to resist his application, if it considers it to be unjustified. But it is a process which falls to be conducted with all the cards face upwards on the table and the vast majority of the cards will start in the authority’s hands.’
Sir John Donaldson MR, Parker LJ
[1986] 2 All ER 941
England and Wales
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 – Marshall and Others v Deputy Governor of Bermuda and Others PC 24-May-2010
marshall_dgPC10
(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of . .
Cited – Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited PC 29-Jan-2004
PC (Belize) Lord Walker said: ‘It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court . .
Cited – DD and Another v Secretary of State for the Home Department SIAC 27-Apr-2007
SIAC considered the difficulties particular to the return of nationals to Libya. . .
Cited – MT (Algeria) and others v Secretary of State for the Home Department CA 30-Jul-2007
The defendants challenged deportation orders made for national security purposes, saying that the Special Immigration Appeals Commission should not have taken closed material into account. They argued that if returned to Algeria, they would suffer . .
Cited – Dinedor Hill Action Association v County of Herefordshire District Council and Another Admn 24-Jul-2008
. .
Cited – Williamson, Re Judicial Review CANI 5-Dec-2008
. .
Cited – Sugar v British Broadcasting Corporation and Another HL 11-Feb-2009
The Corporation had commissioned a report as to its coverage of Middle East issues. The claimant requested a copy, and the BBC refused saying that the report having been obtained for its own journalistic purposes, and that it was not covered by the . .
Cited – RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same HL 18-Feb-2009
Fairness of SIAC procedures
Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this . .
Cited – Secretary of State for the Home Department v AHK and Others (Practice Note) CA 2-Apr-2009
Sir Anthony Clarke MR gave guidance as to the circumstances in which a special advocate could be appointed, describing the roles of the special advocate representing a party who is not allowed to see closed material: ‘They are well understood and . .
Cited – I and Others, Regina (on The Application of) v Secretary of State for The Home Department CA 29-Jun-2010
. .
Cited – Regina v Mayor, Commonalty and Citizens of the City of London, ex parte Matson CA 18-Aug-1995
The court considered the need to give reasons for the election of Aldermen. . .
Cited – Regina v Arts Council of England ex parte Women’s Playhouse Trust Admn 29-Jul-1997
The Court will not allow cross examination on a witness affidavit in judicial review proceedings save if the evidence has been misleading or materially incomplete. . .
Cited – Afolabi v Southwark London Borough Council CA 24-Jan-2003
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time.
Held: . .
Cited – Carlyle-Clarke v Secretary of State for the Home Department Admn 26-Nov-2004
. .
Cited – Argos Ltd and Another v Office of Fair Trading CAT 15 CAT 27-May-2005
. .
Cited – Tweed and Others, Re an Application for Judicial Review CANI 7-Sep-2005
. .
Cited – Karas and Another, Regina (on the Application of) v Secretary of State for the Home Department Admn 7-Apr-2006
Both claimants sought asylum. Their claims were rejected. They had made representations that they had ‘fresh claims’ in 2001, 2003 and March 2004 but on 10 October 2004, the Secretary of State gave instructions to an airline that the claimants were . .
Cited – Celesio Ag v Office of Fair Trading CAT 8-Sep-2006
. .
Cited – Secretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
Cited – Cooke, Regina (on the Application of) v Revenue and Customs Admn 30-Jan-2007
The revenue had required production of the taxpayer’s documents held on his behalf by his solicitors, who now applied for judicial review, claiming the protection of section 20.
Held: The protection given to a taxpayer for documents held by . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 July 2022; Ref: scu.194049
The judicial review jurisdiction of the High Court is not available to challenge the decisions and orders of other divisions of the High Court.
[2018] NIQB 25
Northern Ireland
Updated: 03 July 2022; Ref: scu.636876
Lord Templeman said: ‘Judicial review does not issue merely because a decision maker has made a mistake and it is not permissible to probe the advice received by the decision maker or to require particulars or administer interrogatories or, as Mr Pollock on behalf of TSW suggested, to cross-examine in order to discover the existence of a mistake by the decision maker or the advisers to the decision makers. An applicant for judicial review must show more than a mistake on the part of the decision maker or his advisers. Where a decision is made in good faith following a proper procedure and as a result of conscientious consideration, an applicant for judicial review is not entitled to relief save on the grounds established by Lord Greene MR in Associated Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223 at 229.’
Lord Templeman
[1994] 2 LRC 414
England and Wales
Cited – Wildman, Regina (on the Application of) v The Office of Communications Admn 25-Jul-2005
The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence.
Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 July 2022; Ref: scu.230361
The Court of Apeal had previously considered an appeal from the grant of a liability order made by magistrates. It had become clear that the order had been made without jurisdiction.
Held: The order must be set aside. The court had no jurisdiction to hear an appeal from the High Court hearing an appeal by way of case stated. Nevertheless, the issue had been an appropriate issue for the court. The appellant could apply for judicial review, the CA could sit as a court of first instance and reject that request, then the appellant could then appeal that and the Court of Appeal could then re-instate the order. Accepting limited undertakings for the lodging of documents, the court so acted.
Lord Woolf LCJ, Lord Phillips of Worth Matravers MR
Times 30-Jun-2005, [2005] EWCA Civ 869
England and Wales
Applied – Westminster City Council v O’Reilly and others CA 1-Jul-2003
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates.
Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the . .
See Also – Farley v Secretary of State for Work and Pensions and Another CA 25-Jan-2005
The Respondent had sought a liability order against the appellant, the non-resident parent in respect of child support maintenance arrears. The appellant had asked the magistrates to consider whether he was liable to pay child support maintenance, . .
Appeal from – Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2) HL 28-Jun-2006
Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the . .
Cited – Kenya Aid Programme v Sheffield City Council Admn 22-Jan-2013
The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable.
Held: ‘there is no reason for limiting the ambit of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 July 2022; Ref: scu.228268
The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close.
Held: Though the respondent did exercise some public functions, and its activities were in part paid for by public authorities, its activity of providing residential accommodation was not a public function, and its decisions with regard to that activity were not capable of challenge under Human Rights law. Suggestions in the court below that proceedings should not have been by way of judicial review were sterile, and courts should look beyond the form of the application. A local authority respondent should be careful of its statutory obligations, and duties under Human Rights Law, and could not divest itself of obligations by contracting them out.
Lord Woolf CJ, Lord Chief Justice, Lord Justice Laws and Lord Justice Dyson
Times 08-Apr-2002, [2002] 2 All ER 936, [2002] EWCA Civ 366, 69 BMLR 22
Civil Procedure Rules 53 54, National Assistance Act 1948 21(1) 26(1), Human Rights Act 1998 6, European Convention on Human Rights Art 8
England and Wales
Appeal from – Regina (on the Application of Elizabeth Heather; Martin Ward; Hilary Callin) v The Leonard Cheshire Foundation and H M Attorney General Admn 15-Jun-2001
The applicants sought review of the decision of the respondent to close the residential home in which they lived.
Held: The Foundation, though a charity, was not a public body, and its decisions were not properly subject to an application for . .
Appealed To – Regina (on the Application of Elizabeth Heather; Martin Ward; Hilary Callin) v The Leonard Cheshire Foundation and H M Attorney General Admn 15-Jun-2001
The applicants sought review of the decision of the respondent to close the residential home in which they lived.
Held: The Foundation, though a charity, was not a public body, and its decisions were not properly subject to an application for . .
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 . .
Cited – Mullins, Regina (on the Application of) v The Jockey Club Admn 17-Oct-2005
The claimant’s horse had been found after a race to have morphine in his system. It was not thought that the claimant was at fault, but the horse was disqualifed. He sought judicial review of the decision.
Held: The decision was a disciplinary . .
Cited – Johnson and others v London Borough of Havering and others CA 30-Jan-2007
The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that . .
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 June 2022; Ref: scu.168527
The claimant sought to bring judicial review against the IPT. The IPT argued that section 67(8) of the 2000 Act prevented such a claim.
[2017] EWCA Civ 1868, [2017] WLR(D) 775, [2018] 1 WLR 2572, [2018] HRLR 3, [2018] 3 All ER 95
Regulation of Investigatory Powers Act 2000
England and Wales
At IPT – Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others IPT 5-Dec-2014
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret . .
Appeal from – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal Admn 2-Feb-2017
PI appealed from a ruling of the IPT that the provision which empowered the Secretary of State to authorise ‘the taking . . of such action as is specified in the warrant in respect of any property so specified’ was wide enough to encompass computer . .
At CA – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others SC 15-May-2019
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 June 2022; Ref: scu.599610
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review also was refused. They complained that they had not been given an opportunity to make an oral application at this last hearing.
Held: The Statutory review procedure was designed as a back-stop for any refusal to hear an appeal by the IAT. The restriction on oral hearings only operated at one level, and oral hearings were available at others. The regime provided adequate and proportionate protection. The appeals failed: ‘It seems to us that the key finding made by Collins J was that, in the light of the two-tier tribunal system, statutory review was a satisfactory judicial process for the question that it was designed to address. This is the critical issue. Does the procedure as a whole carry a satisfactory assurance that the rights of those entitled to asylum will be upheld?’
Lord Phillips MR said: ‘The consideration of proportionality involves more than comparing the remedy with what is at stake in the litigation. When Parliament enacts a remedy with the clear intention that this should be pursued in place of judicial review, it is appropriate to have regard to the considerations giving rise to that intention. The satisfactory operation of the separation of powers requires that Parliament should leave the judges free to perform their role of maintaining the rule of law but also that, in performing that role, the judges should, so far as consistent with the rule of law, have regard to legislative policy.’
Lord Phillips MR, Sedley Baker, Scott Baker LJJ
[2004] EWCA Civ 1731, Times 23-Dec-2004, [2005] 1 WLR 1445
England and Wales
Applied – Regina (on the Application of Sivasubramaniam) v Wandsworth County Court Admn 13-Dec-2001
The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health.
Held: Leave to appeal having been refused there was no further right of appeal under the 1999 . .
Cited – Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal.
Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a . .
Cited – AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal CA 21-Feb-2007
The asylum applicant sought judicial review of interlocutory decisions of an immigration judge. The defendant said that there was a statutory procedure and that therefore that had to be followed rather than judicial review.
Held: The . .
Cited – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 June 2022; Ref: scu.220717
The court considered when time began to run for an application for judicial review where the question arose in the context of an outline planning permission granted subject to the approval of reserved matters.
The claimant challenged proposed development of the Crystal Palace site.
Brooke, Latham LJJ, Burton J
[2001] EWCA Civ 1766, [2002] Env LR 631, [2002] Env LR 25, [2001] 49 EGCS 117, [2001] NPC 170, [2002] 2 P and CR 8
England and Wales
Appeal from – Barker v London Borough of Bromley Admn 23-Nov-2001
The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. . .
See Also – Barker, Regina (on the Application Of) v London Borough of Bromley and Another CA 8-Feb-2001
. .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.218495
Simon Brown LJ, VP
[2001] EWCA Civ 542
England and Wales
Updated: 27 June 2022; Ref: scu.218136
Application for leave to appeal from refusal of permission to bring judicial review.
Held: ‘There is much in this which is strange and perhaps rather difficult to understand, but I have concluded without hesitation that Jackson J was entirely right to conclude that there were no possible grounds upon which an application for judicial review might succeed. This application for permission to appeal is refused.’
May LJ
[2002] EWCA Civ 1493
England and Wales
Updated: 27 June 2022; Ref: scu.217680
The Court permitted parallel case stated and Judicial Review proceedings to take place before it.
[2008] 1 WLR 2171
England and Wales
Cited – Kenya Aid Programme v Sheffield City Council Admn 22-Jan-2013
The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable.
Held: ‘there is no reason for limiting the ambit of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 June 2022; Ref: scu.567244
[2018] EWCA Civ 2520
England and Wales
Updated: 17 June 2022; Ref: scu.628708
(Trinidad and Tobago) The duty of an authority responding to a judicial review ‘extends to disclosure of ‘materials which are reasonably required for the court to arrive at an accurate decision”
Lord Hope, Lord Clarke, Lord Dyson, Sir John Laws, Sir Patrick Elias
[2011] UKPC 46
England and Wales
Updated: 17 June 2022; Ref: scu.457615
Application for leave to present petition for judicial review – granted
[2004] EWHC 2168 (Admin)
England and Wales
Full Application – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Application for leave – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.219285
Application to renew application for judicial review.
[2003] EWCA Civ 1203
England and Wales
Updated: 13 June 2022; Ref: scu.201576
The claimant, a very elderly lady had lived in a residential home for some time. She fell and was admitted to hospital. The respondent said she could only leave the hospital to go to a nursing home. She and her family sought her return to the residential home she knew.
Held: The Authority’s decision making process was seriously flawed: ‘Judicial review is about process, and in my judgment the process here has been manifestly defective. ‘ The decision was quashed, and must be reconsidered.
Lord Justice Chadwick Lord Justice Brooke Lord Justice Wall
[2004] EWCA Civ 1170, (2004) 148 Sol Jo LB 1065
National Assistance Act 1948 Part III, National Health Service and Community Care Act 1990 47(1)
England and Wales
Cited – Regina v Islington Borough Council Ex Parte Rixon QBD 17-Apr-1996
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act.
Held: A Local Authority should allow for non-statutory guidance in assessing a disabled . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.200656
Sir Thomas Bingham MR
Unreported 29 July 1994, Court of Appeal (Civil Division) Transcript No 1037 of 1994
England and Wales
Cited – Tweed v Parades Commission for Northern Ireland HL 13-Dec-2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.247439
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 authority, the council was under an obligation to act fairly. The committee had continued without the objections being made known to the chair by the head of Planning Services. Had the objections been made known the matter could have been dealt with relatively easily. There was a procedural unfairness, and the review was granted.
Kay, Lord Justice Kay Lord Justice Latham The President Of The Family Division
[2004] EWCA Civ 1036, Times 25-Aug-2004
England and Wales
Cited – 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 . .
Cited – 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 . .
Appeal from – Regina on the Application of Tromans, and Tromans v Cannock Chase District Council Admn 10-Dec-2003
. .
Appealed to – Regina on the Application of Tromans, and Tromans v Cannock Chase District Council Admn 10-Dec-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.199559
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section 278 must be interpreted accordingly. In my opinion, where the benefit to the public of the proposed highway works, in respect of which an agreement with the Highway Authority is sought under Section 278 of the 1980 Act, has been fully considered and determined in the planning process, because the highway works in question form a detailed and related aspect of the application for development of land in respect of which planning consent has been properly obtained through that planning process, then the Highway Authority’s discretion whether to enter into the Section 278 agreement will necessarily be somewhat limited. In such a case, the matters remaining to be considered by the Highway Authority in the proper exercise of its discretion under Section 278, are likely to be relatively minor in nature. I agree with Mr Hicks that the proper exercise of that discretion by the Highway Authority will not embrace a further and separate reconsideration of the benefit to the public of the highway works in question by reference to the same reasons as those which had already been considered and determined in the planning process. If such a reconsideration by the Highway Authority were to be a proper exercise of its discretion under Section 278, then that would largely frustrate the scheme of the legislation of which Section 278 is conceded to be part. This would be particularly so where, as in the present case, there has been no challenge to the validity of the relevant planning decision pursuant to Section 288 of the Town and Country Planning Act 1990, notwithstanding the Highway Authority’s right to bring such a challenge under that Section.’
As to the challenge by Powergen on Wednesbury grounds: ‘In this case there had been a dispute as to the balance of the public interest with regard to the proposed development. The adequacy of the access arrangements and the related highway works was one factor in that balance. In the course of the planning process, the County Council as Highway Authority argued that, because of the lack of forward visibility, the balance of public interest was against the proposed development for road safety reasons. The dispute was fully argued at the planning appeal and determined by the Secretary of State by his duly appointed Inspector. The Inspector’s conclusions were clear and were not challenged pursuant to Section 288 of the 1990 Act, within the prescribed time limits or at all. Having regard to the terms of Section 284 of the 1990 Act, I accept Mr Hicks’ submission that the Inspector’s conclusions should be treated as both reasonable and final. The present proceedings are not the place to reconsider the merits of the foregoing dispute. Since the development proposals as a whole were found to be in the public interest, so too were the detailed highway works which formed a necessary and related part of those proposals. In those circumstances, I accept Mr Hicks’ submission that no reasonable Highway Authority would, on the sole basis of the arguments as to road safety which had been fully considered and determined in the planning process, refuse to enter into any necessary Section 278 Agreement on the grounds that to do so was not a benefit to the public, thereby preventing the development from proceeding. I have therefore come to the conclusion that the decision of the County Council in this case to refuse to enter into the Section 278 agreement in question is both perverse and unreasonable in the Wednesbury sense. As Mr Hicks succinctly put it, it cannot be reasonable for the Highway Authority to allow a decision of the Secretary of State to be implemented only if it agrees with that decision.’
Forbes J
Times 09-Jan-1997, (1998) 96 LGR 17
England and Wales
Appeal from – Regina v Warwickshire County Council ex parte Powergen Plc CA 30-Apr-1997
Application for leave to appeal – interaction of planning system and section 278. . .
Appeal from – Regina v Warwickshire County Council ex parte Powergen Plc CA 31-Jul-1997
The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection.
Held: The highway . .
Cited – 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.
Updated: 11 June 2022; Ref: scu.88272
(New Zealand) The minister had been called upon to consent to the issue of shares to a foreign investor. The plaintiff said that the minister’s negligent refusal of consent had led to the collapse of the project and financial losses.
Held: On the facts, even if a duty of care was owed by the minister, in this case he was not in breach of that duty.
The Board noted the importance of judicial review remedies in the context of not granting damages against the mistaken exercise of powers by a Minister, or other public bodies.
The central issue is one of justiciability and the suitability of certain decisions to judicial resolution: ‘Their Lordships . . are well aware of the references in the literature to this distinction (between policy and operation areas) (which appears to have originated in the United States of America), and of the critical analysis to which it has been subjected. They incline to the opinion . . that this distinction does not provide a touchstone of liability, but rather is expressive of the need to exclude altogether those cases in which the decision under attack is of such a kind that a question whether it has been made negligently is unsuitable for judicial resolution, of which notable examples are discretionary decisions on the allocation of scarce resources or the distribution of risks . . ‘.
Lord Keith urged caution in extending the ambit of negligence: ‘The third [matter] is the danger of overkill. It is to be hoped that, as a general rule, imposition of liability for negligence will lead to a higher standard of care in the performance of the relevant type of act; but sometimes not only may this not be so, but the imposition of liability may even lead to harmful consequences. In other words, the cure may be worse than the disease’.
Keith, Templeman, Brandon, Mackay, Goff LL
[1988] AC 473, [1988] 1 All ER 163, [1987] UKPC 2, [1987] UKPC 34
England and Wales
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – CBS Songs Ltd v Amstrad Consumer Electronics Plc HL 12-May-1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users.
Held: Amstrad could only . .
Cited – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 June 2022; Ref: scu.193352
The court doubted whether the doctrine of issue estoppel is applicable in judicial review proceedings. After holding that on the facts of the case it did not arise as a defence, the court approved, by the way, the judgment at first instance which had been to the effect that issue estoppel did not as a doctrine apply to applications for permission to apply for judicial review; however, there existed a discretion, ‘in the interests of finality’, not to allow issues to be relitigated.
Dunn LJ
[1984] 1 WLR 592
England and Wales
Cited – Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
Cited – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.185210
