Regina v Liverpool Crown Court ex parte the Lord Chancellor: QBD 18 Oct 1993

A costs order which had been contrived in order merely to ensure that counsel was paid was judicially reviewable.

Citations:

Ind Summary 18-Oct-1993

Jurisdiction:

England and Wales

Judicial Review

Updated: 09 April 2022; Ref: scu.87198

Regina v Lambeth London Borough Council Ex Parte Ogunmuyiwa: QBD 17 Apr 1997

A Judicial Review was available after a Local Authority decision to review its own decision was gone back on.

Citations:

Times 17-Apr-1997

Judicial Review

Updated: 09 April 2022; Ref: scu.87103

Regina v Harrow Crown Court Ex Perkins; Regina v Cardiff Crown Court Ex Parte M (A Minor): QBD 28 Apr 1998

Decision in Crown Court regarding costs or other element of a matter which was formulated in the indictment is a matter relating to the trial and was not subject to judicial review.

Citations:

Times 28-Apr-1998

Statutes:

Supreme Court Act 1981 29(3)

Judicial Review

Updated: 09 April 2022; Ref: scu.86816

Appeal from – Moyna v The Secretary of State for Social Security CA 27-Mar-2002
The claimant a former civil servant had retired due to ill health, and appealed refusal of disability living allowance. The court did not accept that one could have facts on which different tribunals could properly reach different conclusions about . .
Cited – In re Woodling; Woodling v Secretary of State for Social Services HL 1984
The question of law was whether cooking meals was ‘attention in connection with bodily functions’ for the purpose of attendance allowance.
Held: Though courts are willing to give ‘bodily functions’ a fairly wide meaning, it did not include the . .
Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Cited – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd CA 29-Sep-1982
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their . .
Cited – Mallinson v Secretary of State for Social Security HL 26-Apr-1994
A blind person needing help (active personal service) in getting about in unfamiliar places may be entitled to attendance allowance. The court was willing to give ‘bodily functions’ a fairly wide meaning. Seeing was a bodily function. . .
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – O’Kelly v Trusthouse Forte plc CA 1984
Workers claimed to be employees.
Held: They were not such. Their contract reserved the right to choose whether or not to work and for the employer not to give them work. The question of whether the facts which are found or admitted, fall one . .
Cited – In re Grayan Building Services Ltd CA 1995
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
At tribunal – Secretary of State for Work and Pensions v Moyna SSCS 31-Jul-2003
. .

Cited by:

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 – Beynon and Partners v Customs and Excise HL 25-Nov-2004
The House asked whether the personal administration of a drug such as a vaccine by an NHS doctor to a patient is a taxable supply for the purposes of value added tax. The provision of medical care in the exercise of the medical and paramedical . .
Cited – Evans Dorothy, Regina v CACD 6-Dec-2004
The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s . .
Cited – Stancliffe Stone Company Ltd v Peak District National Park Authority CA 17-Jun-2005
In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for . .
Cited – Fogg and Ledgard v The Secretary of State for Defence, Short Admn 13-Dec-2005
The applicants sought judicial review of a decision of the respondent not to name the wreck of the merchant ship SS STORAA as a protected site under the 1986 Act. It had been a merchant ship forming part of a convoy, and was sunk by enemy action in . .
Cited – Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
Cited – Connolly v Director of Public Prosecutions Admn 15-Feb-2007
The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she . .
Cited – H, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal.
Held: The practice . .
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 – Day and Another v Hosebay Ltd SC 10-Oct-2012
The Court considered the provisions for leasehold enfranchisement now that the residence requirement had been removed by the 2002 Act, and in particular the extent to which, at all, it had allowed enfranchisement to be available to commercial . .
Cited – Jones v First Tier Tribunal and Another SC 17-Apr-2013
The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 . .
Lists of cited by and citing cases may be incomplete.

Applied – Regina (Wilkinson) v Broadmoor Special Hospital and Others CA 22-Oct-2001
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD.
Held: Where a mental patient sought to . .

Judicial Review

Updated: 28 January 2022; Ref: scu.448087

Soma Oil and Gas Ltd, Regina (on The Application of) v Director of The Serious Fraud Office: Admn 12 Oct 2016

The claimant was under investigation by the defendant, and having co-operated, they sought judicial review after the defendant made little progress over many months.
Held: The request for review failed.

Gross LJ, Andrews J
[2016] EWHC 2471 (Admin)
Bailii
Bribery Act 2010
England and Wales

Criminal Practice, Judicial Review

Updated: 24 January 2022; Ref: scu.570116

Rashid v London Borough of Merton: CA 10 May 2016

Appeal about the costs of judicial review proceedings. The essential question in the proceedings was the funding of an appropriate placement for the Appellant, who has special educational needs.

Arden, Sales LJJ
[2016] EWCA Civ 622
Bailii
England and Wales

Judicial Review, Costs

Updated: 22 January 2022; Ref: scu.568614

Kingsley v The United Kingdom: ECHR 7 Nov 2000

The judicial review procedure which restricted the matters which it considered so as to exclude consideration of the allegation by the applicant that the tribunal whose decision he challenged had not been impartial, was insufficient to support the provision of a fair trial. This amounted to a lack of control over that tribunal by a judicial body with full jurisdiction. To satisfy that requirement, the reviewing court needed the power to set aside the decision and to order that it be reheard by such an impartial tribunal.

Times 09-Jan-2001, (2001) 33 EHRR 288, [2000] ECHR 526, 35605/97, [2000] ECHR 528
Worldlii, Bailii
Human Rights Act 1998, European Convention on Human Rights
Human Rights
Cited by:
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Heald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
See Also – Kingsley v The United Kingdom (No 2) ECHR 28-May-2002
The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Judicial Review

Updated: 20 January 2022; Ref: scu.165963

St Matthews (West) Ltd, Regina (on The Application of) v HM Treasury: Admn 20 May 2014

Application by the claimant to cross-examine one or more of the defendant’s witnesses brought in the context, not just of a judicial review claim, but a rolled-up hearing for permission to bring judicial review with the judicial review to follow.

Andrews J
[2014] EWHC 2426 (Admin)
Bailii

Judicial Review

Updated: 16 January 2022; Ref: scu.564494

Paponette and Others v Attorney General of Trinidad and Tobago: PC 13 Dec 2010

The appellants operated taxis in Port-of-Spain. The Minister proposed changes, but when challenged provided re-assurances. After the changes, the re-assurances were not satisfied. The claimants sought judicial review asserting that a legitimate expectation had been created in their favour.
Held: The question to be asked is whether it would be so unfair as to amount to an abuse of power for a public body so to act.

Lord Phillips, Lady Hale, Lord Brown, Sir John Dyson, SCJ, Sir Malachy Higgins
[2010] UKPC 32, [2012] 1 AC 12, [2011] 3 WLR 219
Bailii
England and Wales
Citing:
Applied – The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence CA 3-Apr-2003
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in . .

Lists of cited by and citing cases may be incomplete.

Judicial Review

Updated: 16 January 2022; Ref: scu.427053

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 legitimate expectation, saying: ‘Authority shows that where a substantive expectation is to run the promise or practice which is its genesis is not merely a reflection of the ordinary fact (as I have put it) that a policy with no terminal date or terminating event will continue in effect until rational grounds for its cessation arise. Rather it must constitute a specific undertaking, directed at a particular individual or group, by which the relevant policy’s continuance is assured. Lord Templeman in Preston referred (866 – 867) to ‘conduct [in that case, of the Commissioners of Inland Revenue] equivalent to a breach of contract or breach of representations’.’

Lord Clarke of Stone-cum-Ebony MR, Laws, Sedley LJJ
[2008] EWCA Civ 755
Bailii
Criminal Justice Act 1988 133
England and Wales
Citing:
Appeal from – Regina ex parte Bhatt Murphy and Others v The Independent Assessor Admn 26-Jun-2007
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 . .

Cited by:
Cited – Badger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Cited – Whitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice Admn 2-Oct-2014
The claimants challenged the selection by the defendant of victims of meselothemia as a group were excluded from entitlement to the recovery of success fees and insurance premiums paid by successful claimants from unsuccessful defendants.
Cited – British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care Admn 5-Jun-2019
Abortion Time Limit statement was correct.
The Court considered ‘ the correct interpretation of the words, ‘the pregnancy has not exceeded its twenty-fourth week’ in s.1(1)(a) of the Abortion Act 1967 ‘ The guidance was challenged as the calculations. The date of the beginning of the . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative

Leading Case

Updated: 16 January 2022; Ref: scu.536300

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an order was created under prerogatve powers which prevented their return save with consent. They now challenged the lawfulness of the constitution order.
Held: An Order in Council legislating for a colony (Diego Garcia in the Chagos Islands) was amenable to judicial review. The orders were not unlawful, since they fell within the range of lawful Orders in Council.
The actions of the respondent were properly open to severe criticism. The Queen in Council may legislate for a colony in the interests of the United Kingdom: ‘No doubt she is also required to take into account the interests of the colony (in the absence of any previous case of judicial review of prerogative colonial legislation, there is of course no authority on the point) but there seems to me no doubt that in the event of a conflict of interest, she is entitled, on the advice of Her United Kingdom ministers, to prefer the interests of the United Kingdom.’ In reality the claim was a way of attempting to improve the financial provision allocated to them. There was no expectation created by the Foreign Secretary’s
Lord Hoffmann said that though much of the argument had been about matters of constitutionality, in practice this was an application for judicial review. The order was made in accordance with interest of defence of the realm, and of relations with the United States: ‘Judicial review should be undertaken with a light touch and the Order set aside only if it appeared to be wholly irrational.’
Whatever injustice led to the present situation, the reality was that the islanders could not return without a support they will not get: ‘The Chagossians have, not unreasonably, shown no inclination to return to live Crusoe-like in poor and barren conditions of life. The action is, like Bancoult (1), a step in a campaign to achieve a funded resettlement.’
There had here been no clear and unambiguous promise upon which a claim could be based, and the claim failed.
‘since the 17th century the prerogative has not empowered the Crown to change English common or statute law’.
Lords Carswell and Mance agreed.
Lord Bingham said that the law distinguished between ‘belonger’s whose right to live somehwere was not subject to immigration control, and others. The Chagos islanders belonged on their islands, and a law which prevented them doing so was unlawful. The scope of prerogative power under which the order had been made could no longer be extended. Its use must be checked by seeing whether it has been used before. If it had not, then it dd not exist. If valid as a use, rule 9 of the Order was irrational. There was no good reason for making it. Lord Mance agreed with Lord Bingham.
Lord Rodger said that the effect of the 1865 Act was clear, and it was that ‘no colonial law was to be void or inoperative on the ground of repugnancy to the law of England, unless it was repugnant to the provisions of some Act of Parliament which was made applicable to the colony by express words or necessary intendment.’ This included orders in council. The order was valid, and the appeal allowed.

Lord Hoffmann, Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Carswell, Lord Mance
[2008] UKHL 61, (2008) 158 NLJ 1530, [2008] 3 WLR 955, [2008] 4 All ER 1055, [2009] 1 AC 453
Bailii, Times, HL
British Indian Ocean Territory (Constitution) Order 2004, Magna Carta 29, Colonial Laws Validity Act 1865 2 3, British Indian Ocean Territory (Immigration) Order 2004
England and Wales
Citing:
Appeal from – Secretary of State for the Foreign and Commonwealth Affairs v Bancoult, Regina (on the Application of) CA 23-May-2007
The claimant was a Chagos Islander removed in 1970 to make way for a US airbase. The court had ordered that the islanders be allowed to return, but the appellant had passed an Order in Council effectively reversing the position, and now appealed a . .
At first instance – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 11-May-2006
The claimant on behalf of himself and other islanders sought a declaration that the 2004 Order was unlawful. The islands had been emptied of people in 1973 and before in order to allow use of the islands as military bases. He had enjoyed a right to . .
At first instance – Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult Admn 3-Nov-2000
The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief.
Held: . .
Cited – Campbell v Hall 1774
The appellant argued that, since the Crown had had no power to make laws for the colony of Ceylon which offended against fundamental principles, at independence it could not hand over to Ceylon a higher power than it possessed itself.
Held: . .
Cited – The Queen v Burah PC 5-Jun-1978
The Board was asked whether Act No. XXII of 1869 of the Indian Legislature was inconsistent with the Indian High Courts Act (24 and 25 Vict. c. 104) or with the Charter of the High Court, or whether it was within the legislative power of the . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
Cited – Riel v The Queen PC 1885
A power given to a Parliament to ‘make laws for the peace, order and good government’ is ‘apt to authorize the utmost discretion of enactment for the attainment of the objects pointed to’ . .
Cited – Trustees Executors and Agency Co Ltd v Federal Commissioner of Taxation 1933
The court was asked whether Australian estate duty could be levied on movables situated abroad.
Held: When testing the validity of a law passed by the government of a dominion, the question was ‘whether the law in question can be truly . .
Cited – Regina v London Borough of Newham and Manik Bibi and Ataya Al-Nashed CA 26-Apr-2001
CS The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a . .
Cited – Regina v 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 – Ibralebbe v The Queen PC 1964
(St. Christopher and Nevis) A power to make laws for ‘peace, order and good government’ was used to confer legislative power on the Parliament of independent Ceylon, to connote ‘in British constitutional language, the widest law-making powers . .
Cited – Union Steamship Company of Australia Pty Ltd v King 26-Oct-1988
Austlii (High Court of Australia) Constitutional Law (Cth) – Inconsistency between Commonwealth and State laws – Compensation of seamen – Laws expressly contemplating coexistence of laws – Whether Commonwealth . .
Cited – Director of Public Prosecutions v Bhagwan HL 1972
Under s 3 of the 1962 Act and paras 1 and 10 of Sch 1, a Commonwealth citizen to whom the Act applied landing in the United Kingdom from a ‘ship’ (as widely defined) or an aircraft could within 24 hours of his landing be required by an immigration . .
Cited – The British Broadcasting Corporation v Johns (HM Inspector of Taxes) CA 5-Mar-1964
The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review.
Held: It is not a statutory creature; it does not exercise statutory . .
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 v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina v Ministry of Defence ex parte Smith; ex parte Grady CA 3-Nov-1995
Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services.
Held: Where a measure affects fundamental rights or has profoundly intrusive effects, the courts will anxiously scrutinise the decision to . .
Cited – 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 Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
Cited – 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 – Fabrigas v Mostyn 1773
Minorca was a ceded colony of the British Crown. The Governor, General Mostyn, apparently fearing that Fabrigas would stir up danger for the garrison, committed him to the worst prison on the island, with no bed and only bread and water, and with no . .
Affirmed – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .
Cited – 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 – In re Lord Bishop of Natal 1865
. .
Cited – Liyange v Regina PC 1966
The appellant, who had been involved in an attempted coup in Ceylon, sought to argue that a retroactive law relating to his trial was void.
Held: The argument succeeded. The separation of powers inherent in the Constitution had been infringed, . .
Cited – Phillips v Eyre CEC 1870
The court considered the rule of double actionability. The court laid down the test for whether a tort committed abroad was actionable in this jurisdiction: ‘As a general rule, in order to found a suit in England for a wrong alleged to have been . .
Cited – Auld v Murray 1864
. .
Cited – M v Home Office and Another; In re M HL 27-Jul-1993
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be . .
Cited – Edwards v Cruickshank 1840
Lord President Hope described the jurisdiction of supreme courts: ‘With regard to our jurisdiction, and the jurisdiction of the supreme courts in every civilized country with which I am acquainted, I have no doubt. They have power to compel every . .
Cited – Building Construction Employees and Builders’ Labourers Federation of New South Wales v Minister for Industrial Relations 1986
(New South Wales Court of Appeal) The court upheld the validity of a law which directed a particular outcome of a judicial act. The words included the formula ‘prescribe and confine the scope of the legislative field open to the New South Wales . .
See Also – Regina v Secretary of State for Home Department ex parte Bancoult Admn 3-Mar-1999
Application for leave to appeal granted. . .

Cited by:
Cited – Parris v Williams CA 23-Oct-2008
The parties had been business partners, but the business failed, and Mr Williams was made bankrupt. Mr Parris was offered a chance to purchase two apartments, and did so in his own name. Mr Williams asserted an interest, saying that it had been a . .
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 . .
Applied – Misick, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 1-May-2009
The former premier of the Turks and Caicos Islands sought to challenge the constitutionality of the 2009 order which was to allow suspension of parts of the Constitution and imposing a direct administration, on a final report on alleged corruption. . .
Cited – Secretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
Cited – Lukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
See Also – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 25-Jul-2012
The claimant sought in advance permission to cross examine two civil servants at a forthcoming judicial review. Documents had been leaked and widely published suggesting that the decision now to be challenged had been taken for improper purposes. . .
See Also – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 21-Nov-2012
Reasons for decision allowing re-amendment of claim and requiring production of documents by a non-party. . .
See Also – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 11-Jun-2013
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his . .
See Also – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 23-May-2014
The appellant wished to challenge the decision made by the respondent to declare a ‘no-take’ Marine Protected Area’ covering their former home islands of Chagos. They sought to have entered in evidence of an improper motive in the Minister making . .
Cited – Badger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
Cited – Barclay, and Another, Regina (on The Application of) v Secretary of State for Justice and Lord Chancellor and Others Admn 9-May-2013
The applicants had successfully challenged some provisions in the constitution of Sark, and amending legislation had been brought in, but they now complained of the new provisions.
Held: Where a challenge was intended to the advice given by UK . .
Cited – Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between 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 . .
Reconsidered – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) SC 29-Jun-2016
Undisclosed Matter inadequate to revisit decision
The claimant sought to have set aside a decision of the House of Lords as to the validity of the 2004 Order, saying that it had been based on a failure by the defendant properly to disclose matters it was under a duty of candour to disclose.
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 . .
Cited – Bashir and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 30-Jul-2018
(Interim Judgment) The respondent asylum seekers had been rescued in the Mediterranean and taken to an RAF base in Akrotiri on Cyprus, a sovereign base area. The court was now asked whether they were entitled, or should be permitted, to be resettled . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Constitutional, Judicial Review

Leading Case

Updated: 16 January 2022; Ref: scu.277126

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 lawfulness of the section 9A notice was itself in issue, neither the question of a section 19A notice nor of an appeal against it arose. Judicial review can be competent in exceptional circumstances, where the challenges to the decisions include assertions that there has been an abuse of power and unreasonableness.
The House considered the availability of judicial review alongside a statutory right of appeal: ‘The court can only intervene by judicial review to direct the Commissioners to abstain from performing their statutory duties or from exercising their statutory powers if the court is satisfied that ‘the unfairness’ of which the applicant complains renders the insistence by the Commissioners on performing their duties or exercising their powers an abuse of power by the Commissioners’.
Where a public body gives undertakings which conflict with its statutory duty, it was in principle entitled to go back on the undertaking. However, if the authority made an assurance and then exercised its statutory power in a manner which caused unfairness, that exercise could be viewed as an abuse of power and the undertaking upheld by the courts.
Lord Templeman: ‘In the present case, the appellant does not allege that the commissioners invoked section 460 for improper purposes or motives or that the commissioners misconstrued their powers and duties. However, the HTV case and the authorities there cited suggest that the commissioners are guilty of ‘unfairness’ amounting to an abuse of power if by taking action under section 460 their conduct would, in the case of an authority other than Crown authority, entitle the appellant to an injunction or damages based on breach of contract or estoppel by representation. In principle I see no reason why the appellant should not be entitled to judicial review of a decision taken by the commissioners if that decision is unfair to the appellant because the conduct of the commissioners is equivalent to a breach of contract or a breach of representation. Such a decision falls within the ambit of an abuse of power for which in the present case judicial review is the sole remedy and an appropriate remedy. There may be cases in which conduct which savours of breach of conduct or breach of representation does not constitute an abuse of power; there may be circumstances in which the court in its discretion might not grant relief by judicial review notwithstanding that conduct which savours of breach of contract or breach of representation. In the present case, however, I consider that the appellant is entitled to relief by way of judicial review for ‘unfairness” amounting to abuse of power if the commissioners have been guilty of conduct equivalent to a breach of contract or breach of representations on their part.’

Lords Scarman and Templeman
[1985] AC 835, [1984] UKHL 5, [1985] BTC 208, [1984] 3 WLR 945, [1985] 2 All ER 327
Bailii
Income and Corporation Taxes Act 1970
England and Wales
Citing:
Cited – HTV Ltd v Price Commission CA 1976
Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .

Cited by:
Cited – Regina v Beatrix Potter School ex parte Kanner Admn 20-Dec-1996
The applicant’s child had been offered a place by the respondent. The offer was withdrawn.
Held: The school when deciding was entitled to look to the need for efficiency in education. On appeal, the committee may go against that need. The . .
Cited – Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
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 . .
Cited – UK Tradecorp Ltd, Regina (on the Application of) v Commissioners for Customs and Excise Admn 10-Nov-2004
The trader had traded in zero-rated goods, leading to a net reclaim of input tax. Having submitted a claim, it sought repayment, and interest on the sums withheld.
Held: No duty fell upon the commissioners until they had accepted the claim to . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd HL 14-Mar-1994
The applicant had obtained what it thought to be clearance from the Revenue for a complex scheme, whose effectiveness depended on whether investors would qualify for capital allowances. The Inspector initially gave a favourable assurance, but that . .
Cited – Oxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
Cited – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Cited – Ingenious Media Holdings Plc and Another, Regina (on The Application of) v Revenue and Customs SC 19-Oct-2016
The tax payer complained that the Permanent Secretary for Tax had, in an off the record briefing disclosed tax details regarding a film investment scheme. Despite the off the record basis, details were published in a newspaper. His claims had been . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Income Tax

Leading Case

Updated: 16 January 2022; Ref: scu.179860

Yousuf, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 Mar 2016

The court was asked whether it is appropriate to stay an application for judicial review when the defendant public authority has agreed to reconsider the decision in point, from scratch, with a fresh and open mind.

Holman J
[2016] EWHC 663 (Admin)
Bailii
England and Wales

Judicial Review

Updated: 13 January 2022; Ref: scu.561687

Carespec Ltd v Wolverhampton City Council: Admn 10 Mar 2016

The court criticised the inappropriate attempted use of judicial review proceedings,

Coulson J
[2016] EWHC 521 (Admin)
Bailii

Judicial Review

Updated: 13 January 2022; Ref: scu.561685

The Project Management Institute, Regina (on The Application of) v The Minister for The Cabinet Office and Others: CA 22 Jan 2016

Challenge to a decision by a committee of the Privy Council to recommend to The Queen in Council that a Royal Charter should be granted to the Association for Project Management.

[2016] WLR(D) 48, [2016] EWCA Civ 21
WLRD, Bailii
England and Wales

Judicial Review, Administrative

Updated: 09 January 2022; Ref: scu.559157

Regina v Crown Court At Snaresbrook ex parte Director of Serious Fraud Office: Admn 16 Oct 1998

A challenge to a judge’s dismissal of cases, or his refusal to stay an indictment in fraud cases transferred from the magistrates Court, should be by judicial review, and not by voluntary bill of indictment. This would give the defendant a chance to be heard.

Gazette 18-Nov-1998, Times 26-Oct-1998, [1998] EWHC Admin 975, [1998] EWHC Admin 985
England and Wales
Cited by:
Cited – Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court QBD 23-Jul-2004
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14.
Held: A child convicted of an offence for which an adult would . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Criminal Practice

Updated: 07 January 2022; Ref: scu.139096

Regina v Provincial Court of Church In Wales ex parte Reverend Williams: Admn 23 Oct 1998

No judicial review was available of the decision of a court of the disestablished Church in Wales removing a minister for misconduct.

Latham J
[1998] EWHC Admin 998
England and Wales
Cited by:
Cited – Khaira and Others v Shergill and Others CA 17-Jul-2012
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. . .

Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Judicial Review

Updated: 07 January 2022; Ref: scu.139119

Regina v Gravesham Justices ex parte Medhurst: Admn 14 Oct 1998

[1998] EWHC Admin 961
England and Wales

Judicial Review

Updated: 07 January 2022; Ref: scu.139082

Public Interest Lawyers Ltd, Regina (on The Application of) v Legal Services Commission: Admn 5 Nov 2010

Application for interim relief and a protective costs order in relation to claims arising out of tendering exercises conducted by the defendant, the Legal Services Commission. These tendering exercises relate to the award of the contracts to provide publicly funded legal services. They relate to contracts for public law work and mental law work in high-security hospitals. The injunction sought would permit the defendant to continue the process of verifying successful bids and hear appeals but prevent the issue of a new contract or ‘new matter starts’ essentially until the outcome of judicial review proceedings.

Cranston J
[2010] EWHC 3259 (Admin)
Bailii
England and Wales

Judicial Review, Legal Aid

Updated: 03 January 2022; Ref: scu.550657

Regina v Leeds Metropolitan University ex parte Manders: Admn 9 Oct 1997

The claimant complained that his examinations had been wrongly marked, failing to allow for his chronic fatigue syndrome. He had recorded a tutorial in which he claimed he had been abused. The Deputy Vice Chancellor had said the tape was unclear and possible edited.
Held: The evidence did not establish bias and the complaint for judicial review had been deleyed very considerably. Review was refused.

[1997] EWHC Admin 852
Bailii
England and Wales

Education, Judicial Review

Updated: 03 January 2022; Ref: scu.137797

Hunt v North Somerset Council: SC 22 Jul 2015

The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the Equality Act 2010 and section 507B of the Education Act 1996 and for an order quashing the decision to approve the budget.
Held: Where a court finds for a claimant on the substantive elements and refuses a remedy for the sole reason that it was too late to reverse the decision (here the adoption of the budget for a financial year which had expired) the court should look at the claimant as a successful party when considering the award of costs.
As to the costs appeal: ‘the Court of Appeal said that it reached its decision as a matter of principle, treating the respondent as the ‘successful party’. In adopting that approach, I consider that the court fell into error. The rejection of the respondent’s case on the two issues on which the appellant was given leave to appeal was of greater significance than merely that the respondent had increased the costs of the appeal by its unsuccessful resistance. The respondent was ‘successful’ only in the limited sense that the findings of failure came too late to do anything about what had happened in the past, not because the appellant had been slow to raise them but because the respondent had resisted them successfully until the Court of Appeal gave its judgment. The respondent was unsuccessful on the substantive issues regarding its statutory responsibilities.’

Baroness Hale of Richmond DPSC, Lord Wilson, Lord Reed, Lord Hughes, Lord Toulson JJSC
[2015] UKSC 51, [2015] WLR(D) 331, UKSC 2014/0023
Bailii, Bailii Summary, WLRD, SC, SC Summary
Equality Act 2010 149, Education Act 1996 507B
England and Wales
Citing:
At First Instance – Hunt v North Somerset Council Admn 18-Jul-2012
The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the . .
Appeal from – Hunt, Regina (on The Application of) v North Somerset Council CA 6-Nov-2013
Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported . .
Costs at CA – Hunt, Regina (on The Application of) v North Somerset Council CA 21-Nov-2013
Reasons for costs order made on failure of the claimant’s applications.
Held: The respondent should be entitled to recover half of its costs of the appeal. Rimer LJ said that by the time that the appeal came on for hearing, it was far too late . .

Lists of cited by and citing cases may be incomplete.

Local Government, Education, Judicial Review, Costs

Updated: 02 January 2022; Ref: scu.550392

S v Airedale National Health Service Trust: QBD 22 Aug 2002

The patient had been detained, and then secluded within the mental hospital for 11 days. He claimed to have been subjected to inhuman treatment, and false imprisonment.
Held: His claim failed. The policy allowed the authority to confine him to a locked room under supervision for the protection of others. The fact of seclusion did not add to the fact that he was already and lawfully confined. A self evidently necessary power could be read into the 1983 Act to permit seclusion. Nevertheless a high degree of scrutiny was appropriate to prevent abuse.
Mr Justice Stanley Burnton considered when it might be proper to hear oral evidence on an application for judicial review: ‘It is a convention of our litigation that at trial in general the evidence of a witness is accepted unless he is cross-examined and is thus given the opportunity to rebut the allegations made against him. There may be an exception where there is undisputed objective evidence inconsistent with that of the witness that cannot sensibly be explained away (in other words, the witness’s testimony is manifestly wrong), but that is not the present case. The general rule applies as much in judicial review proceedings as in other litigation, although in judicial review proceedings it is relatively unusual for there to be a conflict of testimony and even more unusual for there to be cross-examination of witnesses.’

Mr Justice Stanley Burnton
[2003] Lloyd’s Rep Med 21, [2003] MHLR 63, Times 05-Sep-2002, [2002] EWHC 1780 (Admin)
Bailii
Mental Health Act 1983, European Convention on Human Rights 3 5
England and Wales
Citing:
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2) Admn 5-Jul-2002
The court dismissed the claimant’s complaint that the seclusion policies operated at Ashworth Special Hospital infringed his human rights. The Special Hospitals operated policies for seclusion which differed from the Code of Practice laid down under . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – Regina (Wilkinson) v Broadmoor Special Hospital and Others CA 22-Oct-2001
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD.
Held: Where a mental patient sought to . .

Cited by:
Appeal from – 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 – Shoesmith, Regina (on The Application of) v Ofsted and Others Admn 23-Apr-2010
The claimant challenged her dismissal as Director of children’s services at the respondent council following an adverse report into the Baby P death identified her department as being responsible. She said that the first defendant had allowed its . .

Lists of cited by and citing cases may be incomplete.

Health, Torts – Other, Judicial Review

Updated: 02 January 2022; Ref: scu.174790

Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of receiving advice and assistance in connection with a possible institution of proceedings in the courts forms an inseparable part of the right of access to the courts themselves and that section 47(1) did not authorise the making of any rule which created an impediment to the free flow of communication between a solicitor and a client about contemplated legal proceedings. Section 47(1) did not expressly authorise the making of a rule such as rule 33(3), and a fundamental right such as the common law right to legal professional privilege would very rarely be held to be abolished by necessary implication. But section 47(1) should be interpreted as conferring power to make rules for the purpose of preventing escapes from prison, maintaining order in prisons, detecting and preventing offences against the criminal law and safeguarding national security. Rules could properly be made to permit the examining and reading of correspondence passing between a prisoner and his solicitor in order to ascertain whether it was in truth bona fide correspondence and to permit the stopping of letters which failed such scrutiny. The crucial question was whether rule 33(3) was drawn in terms wider than necessary to meet the legitimate objectives of such a rule. ‘The question is whether there is a self-evident and pressing need for an unrestricted power to read letters between a prisoner and a solicitor and a power to stop such letters on the ground of prolixity and objectionability.’

Steyn LJ, Neill LJ, Rose LJ
Independent 20-May-1993, Times 20-May-1993, [1994] QB 198, [1993] EWCA Civ 12, [1993] 3 WLR 1125
Bailii
Prisons Act 1952 47(1), Prison Rules 1964 (SI 1964/388) 33(3)
England and Wales
Citing:
Applied – Campbell v The United Kingdom ECHR 25-Mar-1992
The applicant complained about the compatibility with the European Convention of the Prisons rule 74(4) which provided that ‘every letter to or from a prisoner shall be read by the Governor . . and it shall be within the discretion of the Governor . .
Cited – Raymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .

Cited by:
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 . .
Approved – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien QBD 19-Dec-1996
A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence . .
Cited – Watkins v Secretary of State for The Home Departmentand others CA 20-Jul-2004
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage.
Held: Proof of damage was not necessary in the tort . .
Cited – Nilsen v HM Prison Full Sutton and Another CA 17-Nov-2004
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
Cited – Simm’s Application for Judicial Review; O’Brien’s Application for Judicial Review and Main’s Application for Judicial Review CA 4-Dec-1997
In two cases, long term prisoners who asserted their innocence were in touch with journalists. Challenges were made against conditions imposed on their access that materials obtained during the visits should not be disclosed by the journalists. A . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Human Rights, Prisons

Leading Case

Updated: 31 December 2021; Ref: scu.87987

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 of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow sufficient protection. The policy went well beyond what was necessary, and so was a disproportionate interference in the prisoner’s right to respect for his correspondence. There are real differences between the tests of Wednesbury unreasonableness and as to proportionality of interference in human rights. The intensity of the review, in similar cases, is guaranteed by the twin requirements that the limitation of the right was necessary in a democratic society, in the sense of meeting a pressing social need, and the question whether the interference was really proportionate to the legitimate aim being pursued. The principles of judicial review depend on the context in which they fall to be applied.
Lord Bingham said: ‘Any custodial order inevitably curtails the enjoyment, by the person confined, of rights enjoyed by other citizens. He cannot move freely and choose his associates as they are entitled to do. It is indeed an important objective of such an order to curtail such rights, whether to punish him or to protect other members of the public or both. But the order does not wholly deprive the person confined of all rights enjoyed by other citizens. Some rights, perhaps in an attenuated or qualified form, survive the making of the order. And it may well be that the importance of such surviving rights is enhanced by the loss or partial loss of other rights. Among the rights which, in part at least, survive are three important rights, closely related but free standing, each of them calling for appropriate legal protection: the right of access to a court; the right of access to legal advice; and the right to communicate confidentially with a legal adviser under the seal of legal professional privilege. Such rights may be curtailed only by clear and express words, and then only to the extent reasonably necessary to meet the ends which justify the curtailment.’ and
‘the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations.’
Lord Steyn said that the court should ask: ‘. . whether (i) the legislative objective is sufficiently important to justify limiting a fundamental right; (ii) the measures designed to meet the legislative objective are rationally connected to it; and (iii) the means used to impair the right or freedom are no more than is necessary to accomplish the objective’ and ‘in law context is everything’.
Lord Cooke of Thorndon said: ‘It is of great importance, in my opinion, that the common law by itself is being recognised as a sufficient source of the fundamental right to confidential communication with a legal adviser for the purpose of obtaining legal advice. Thus the decision may prove to be in point in common law jurisdictions not affected by the Convention. Rights similar to those in the Convention are of course to be found in constitutional documents and other formal affirmations of rights elsewhere. The truth is, I think, that some rights are inherent and fundamental to democratic civilised society. Conventions, constitutions, bills of rights and the like respond by recognising rather than creating them.’

Lord Steyn, Lord Cooke of Thorndon
Times 25-May-2001, Gazette 21-Jun-2001, [2001] 3 All ER 433, [2001] 1 AC 532, [2001] 2 WLR 1622, [2001] UKHL 26
Bailii, House of Lords
England and Wales
Citing:
Cited – De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
Cited – Regina v Board of Visitors of Hull Prison, Ex parte St Germain (No 2) CA 1979
Proper Limits on Imprisonment
The court discussed the proper limits of imprisonment: ‘despite the deprivation of his general liberty, a prisoner remains invested with residuary rights appertaining to the nature and conduct of his incarceration . . An essential characteristic of . .
Cited – Raymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .
Cited – Regina v Secretary of State for the Home Department, Ex parte Anderson QBD 1984
A prisoner challenged a standing order which restricted visits by his legal adviser as he contemplated proceedings concerning his treatment in prison when he had not at the same time made any complaint to the prison authorities internally.
Cited – Campbell v The United Kingdom ECHR 25-Mar-1992
The applicant complained about the compatibility with the European Convention of the Prisons rule 74(4) which provided that ‘every letter to or from a prisoner shall be read by the Governor . . and it shall be within the discretion of the Governor . .
Cited – Campbell v The United Kingdom ECHR 25-Mar-1992
The applicant complained about the compatibility with the European Convention of the Prisons rule 74(4) which provided that ‘every letter to or from a prisoner shall be read by the Governor . . and it shall be within the discretion of the Governor . .
Cited – Regina v Secretary of State Home Department, ex parte Leech (No 2) CA 20-May-1993
Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
Cited – Regina v Governor of Whitemoor Prison, Ex parte Main QBD 1999
The court considered whether prison staff should be able to read letters between a prisoner and his legal advisers before proceedings were actually commenced.
Held: The policy represented the minimum intrusion into the rights of prisoners . .
Cited – Smith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .
Cited – Regina v Secretary of State for Home Department ex parte Mahmood CA 8-Dec-2000
A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born.
Held: Only . .
Cited – Regina v Secretary of State for Home Department ex parte Peter Isiko; Susan and Shemy Isiko CA 20-Dec-2000
. .
Cited – Redmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . .

Cited by:
Cited – Regina on the Application of Anna Ford v The Press Complaints Commission Admn 31-Jul-2001
The complainant had been photographed wearing a bikini, whilst on holiday by a photographer using a long lens. She had been on a quiet part of public beach. She complained to the Press Complaints Commission who rejected her complaint. The rules . .
Cited – Abacha, Bagudu v The Secretary of State for the Home Department, The Federal Republic of Nigeria Interested Party Admn 18-Oct-2001
Attempts were being made by the Federal Government of Nigeria to recover moneys alleged to have been taken fraudulently from the state. They sought assistance from the UK, and the claimants sought details of that request. The statute provided that . .
Cited – Regina (Ponting) v Governor of HMP Whitemoor, Secretary of State for the Home Department CA 22-Feb-2002
The applicant appealed a refusal of permission to use a computer for preparation of materials for his litigation save under conditions imposed by the Prisons Service. He was dyslexic, and with a low IQ. He claimed that the conditions operated so as . .
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 – 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 (on the Application of Ellis) v The Chief Constable of Essex Police Admn 12-Jun-2003
An officer proposed to print the face of a convicted burglar on posters to be displayed in the town. The court considered the proposal. The probation service objected that the result would be to make it more difficult for him to avoid criminality on . .
Cited – Lord, Regina (on the Application of) v Secretary of State for the Home Department Admn 1-Sep-2003
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued . .
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Cited – Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another Admn 19-Dec-2003
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression.
Held: Such an action by the prison authorities was not incompatible . .
Cited – Durant v Financial Services Authority CA 8-Dec-2003
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
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 – Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 29-Jul-2004
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate.
Held: The . .
Cited – Lough and others v First Secretary of State Bankside Developments Ltd CA 12-Jul-2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery.
Held: The only basis of the challenge was under article 8. Cases established of a breach . .
Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
Cite164876d – British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health Admn 5-Nov-2004
The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech.
Held: The Regulations . .
Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .
Cited – Machado v Secretary of State for the Home Deptment CA 19-May-2005
At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – Langley and others v Liverpool City Council and others CA 11-Oct-2005
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Cited – Wiggins, Regina (on the Application Of) v Harrow Crown Court Admn 20-Apr-2005
The defendant appealed against refusal of bail. He had failed to attend court in time of the day of his trial and said he had overlooked the date.
Held: Collins J said: ‘[T]he question of whether bail should be continued or removed in . .
Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
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 . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
Cited – MB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq.
Held: The section allowed the Secretary of State to impose any necessary conditions, but . .
Cited – 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 . .
Cited – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Secretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
Cited – Suryananda, Regina (on the Application of) v The Welsh Ministers Admn 16-Jul-2007
The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat . .
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 – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
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 . .
Cited – Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
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 – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
Cited – Brown, Regina v CACD 29-Jul-2015
The claimant, a patient hld at Rampton Hospital faced charges of attempted murder of two nurses. His lwayers had asked for the right to see their client in private, but eth Hospital objected, insisting on the presence of two nurses at all times. . .
Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
Cited – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Judicial Review

Leading Case

Updated: 31 December 2021; Ref: scu.85961

English Bridge Union, Regina (on The Application of) v Sport England: Admn 23 Apr 2015

Renewed application for leave to bring judicial review to challenge is to the refusal by Sport England to recognise duplicate bridge as a sport. If it had recognised duplicate bridge as a sport there would have been beneficial consequences to the English Bridge Union.

Mostyn J
[2015] EWHC 1347 (Admin)
Bailii
England and Wales

Judicial Review

Updated: 30 December 2021; Ref: scu.547509

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 agreement and (b) determining that the District Judge’s decision was within the permissible grounds of his discretion.
Held: In the absence of a right of appeal, the court was faced with an application for judicial review. The question is whether the decision reached was a fair one, not whether it was the only fair conclusion. As in many other situations, although particular weight must be given to a claimant’s Article 6 rights, reasonable tribunals may differ as to the correct outcome, and ‘The question is whether the decision reached was a fair one, not whether it was the only fair conclusion. As in many other situations, although particular weight must be given to a claimant’s Article 6 rights, reasonable tribunals may differ as to the correct outcome.’
On examining the authorities: ‘the hurdles surmounting the claimant today are formidable. This is not enough to demonstrate that the Circuit Judge got it ‘extremely wrong’. In order to succeed on this application the claimant has to demonstrate something truly egregious or outrageous as to amount to a complete abrogation of the judicial process in the context of the right to a fair trial.’

Jay J
[2015] EWHC 1111 (Admin)
Bailii
European Convention on Human Rights 6
England and Wales
Citing:
Cited – Andreou v Lord Chancellor’s Department CA 22-Jul-2002
The Claimant had requested a postponement of the tribunal hearing on the basis of a medical certificate which stated that she was unfit to attend work. It therefore adjourned the proceedings for one week with directions that a medical report be . .
Cited – Terluk v Berezovsky CA 25-Nov-2010
Sedley LJ considered the position faced by an appellate court on a complaint of unfairness by a lower court, saying: ‘We would add that the question whether a procedural decision was fair does not involve a premise that in any given forensic . .
Cited – Strickson, Regina (On the Application of) v Preston County Court and Others CA 8-Oct-2007
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 . .
Cited – National Westminster Bank v Daniel CA 1993
The defence contained two contradictory grounds, and the defendant’s evidence again contradicted the defences. The plaintiff sought summary judgment.
Held: A judge, when considering whether a claim should be determined then or allowed to . .
Cited – Mahon, Regina (on the Application of) v Taunton County Court Admn 13-Dec-2001
Application for leave to apply for judicial review of a decision of a county court judge. The claim was as to the refusal of a licence to the claimant to work as a taxi driver.
Held: Leave was refused.
Hooper J said: ‘This case and . .
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 . .
At Admn – O v The Secretary of State for The Home Department Admn 3-Apr-2012
The claimant sought judicial review of the Secretary of State’s continued detention pending deportation of her after her diagnosis with a medical condition.
Held: Lang J refused her permission to apply for judicial review. She had to decide: . .

Cited by:
Cited – O, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Apr-2016
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Litigation Practice, Human Rights

Updated: 30 December 2021; Ref: scu.547506

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 investigation of the complaints, but instead the Board had proceeded directly to go to a meeting at which a vote was to be taken. The decision had been procedurally unfair, in that insufficient details were provided of the complaints. They had not been informed in advance of the form the meeting would take: ‘In view of the importance of the outcome of the investigation – namely the possible removal of elected members from a body entrusted with considerable public funds – all these questions should have been addressed beforehand, and the procedure to be adopted made known to the claimants. ‘ Though the Board had power to remove the applicants, the procedure followed was flawed. The decisions were quashed.

Keith J
[2007] EWHC 606 (Admin)
Bailii
England and Wales
Cited by:
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.

Administrative, Judicial Review

Updated: 28 December 2021; Ref: scu.250480

Garden and Leisure Group Ltd, Regina (on the Application Of) v North Somerset Council and Another: Admn 4 Jul 2003

The claimant garden centre sought to challenge a relaxation on planning restrictions over a competing centre.
Held: The section 106 agreemnent was to be looked at to see what purpose was served by the original conditions. Section 106A(6) does not require that the obligation continues to serve its original purpose. What matters is whether the obligation continues to serve a useful purpose. The members had not properly considered what purpose had been served, or looked at the suggested terms as a whole. The application was not premature since the faults were probably incapable of correction otherwise.

The Honourable Mr Justice Richards
[2003] EWHC 1605 (Admin)
Bailii
Town and Country Planning Act 1990 106 106A
England and Wales
Citing:
Cited – Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another HL 23-May-2002
The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be . .

Lists of cited by and citing cases may be incomplete.

Planning, Judicial Review

Updated: 20 December 2021; Ref: scu.184271

Justice for Families Ltd v Secretary of State for Justice: CA 14 Nov 2014

Appeal against refusal of application for writ of habeas corpus after the committal to prison of Mrs C after her refusal to surrender her children as required by a court order.
Held: Totally misconceived.

Sir James Munby P FD, Sharp, Vos LJJ
[2014] EWCA Civ 1477, [2014] WLR(D) 491
Bailii, WLRD
England and Wales

Judicial Review, Contempt of Court

Updated: 16 December 2021; Ref: scu.538876

Great Yarmouth Port Company and Another, Regina (on The Application of) v Marine Management Organisation and Another: Admn 24 Mar 2014

Challenge to a decision of the Marine Management Organisation not to make a Harbour Revision Order in respect of the port of Great Yarmouth. The decision of the MMO was that it was not satisfied that the making of the order was desirable in the interests of the improvement, maintenance or management of the harbour in an efficient and economical manner.

Cranston J
[2014] EWHC 833 (Admin)
Bailii
Harbours Act 1964 14(2)(b)
England and Wales
Citing:
See Also – Regina (Great Yarmouth Port Company Limited) v Marine Management Organisation CA 2013
There is a presumption that the bespoke statutory regime will be deployed unless there are clear and powerful reasons which exceptionally justify judicial review being permitted. . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Transport

Updated: 11 December 2021; Ref: scu.523157

Gifford v The Governor of HMP Bure and Others: Admn 31 Mar 2014

Claim for judicial review of the decision of the Secretary of State for Justice refusing to quash findings of guilt against the claimant arising out of two internal adjudications at HMP Bure. The principal complaint raised by the original claim was that the claimant had been found guilty in circumstances where he had been denied access to legal advice as a result of the secure PIN-phone system in operation at HMP Bure. This was a system which required the first defendant’s prior approval of all numbers that may be rung by a serving prisoner. In response to the claim, the defendants took the threshold point that permission to bring judicial review should be refused because there was an alternative remedy, namely a reference or application to the Interested Party

Coulson J
[2014] EWHC 911 (Admin)
Bailii
England and Wales

Prisons, Judicial Review

Updated: 11 December 2021; Ref: scu.523431

Regina v Secretary of State for the Environment, ex parte Powis: CA 1981

Material not available to the decision maker should not normally be admitted on an application for a judicial review of that decision. The court described three categories of acceptable new evidence: (1) evidence to show what material was before the tribunal; (2) where the jurisdiction of the tribunal depended ‘on a question of fact or whether essential procedural requirements were observed’, evidence to establish the ‘jurisdictional fact or procedural error’; (3) evidence to show misconduct (such as bias or fraud) by the tribunal or parties before it.

Dunn LJ
[1981] 1 WLR 584, [1981] 1 All ER 788, (1980) 42 P and CR 73
England and Wales
Cited by:
Cited – Regina (Dwr Cymru Cyfyngedig) v Environment Agency of Wales QBD 28-Feb-2003
On seeking a judicial review of the defendant’s decision, the claimant sought to bring in new evidence which would show that the factual basis on which the decision had been made was incorrect.
Held: Great caution should be exercised before . .
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 – Oxfordshire County Council v GB and Others CA 22-Aug-2001
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, . .
Cited – British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad Admn 11-Jan-2012
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview.
Held: The claim succeeded. The decision was quashed and must be retaken. If ever any . .

Lists of cited by and citing cases may be incomplete.

Judicial Review

Updated: 10 December 2021; Ref: scu.181622

Giltinane v Child Support Agency: FD 9 Mar 2006

The applicant sought to appeal against a liability order out of time.
Held: The time limit for appeals was not extendable. However the magistrates finding had been based upon misleading evidence supplied by the Agency. Where as here there was a risk of a miscarriage of justice, it was open to the claimant to seek a judicial review of the magistrates’ decision. If there was no other way of providing justice a review would be granted. The decision was reviewed.

Munby J
Times 07-Apr-2006
England and Wales

Child Support, Judicial Review

Updated: 06 December 2021; Ref: scu.240156

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 immigrant.
Held: The term ‘illegal immigrant’ included anyone entering unlawfully. This could include those obtaining leave to enter by deception as well as those entering clandestinely. There is no duty of absolute candour upon someone applying for entry, but silence as to certain important facts might amount to fraud: ‘it would be wrong to construe the Immigration Act 1971 as if it imposed on persons applying for leave to enter a duty of candour approximating to uberrima fides. But, of course, deception may arise from silence as to a material fact in some circumstances; for example, the silence of the appellant Khawaja about the fact of his marriage to Mrs Butt and the fact that she had accompanied him on the flight to Manchester were, in my view, capable of constituting deception, even if he had not told any direct lies to the immigration officer.’
Habeas Corpus is available to all, not just British Nationals. When reviewing the decision of the immigration officer the court should go beyond asking only whether there was evidence on which the officer could have reached his decision, and look also at the sufficiency of that evidence. On a judicial review it was for the administrative authority to prove the facts upon which the decision it had reached had been made. The house was free to not follow its earlier decisions. The decision in Zamir was too narrow.
Lord Scarman said: ‘My Lords, I would adopt as appropriate to cases of restraint put by the executive upon the liberty of the individual the civil standard flexibly applied in the way set forth in the cases cited: and I would direct particular attention to the words of Morris LJ already quoted. It is not necessary to import into the civil proceedings of judicial review the formula devised by judges for the guidance of juries in criminal cases. Liberty is at stake: that is, as the court recognised in Bater v Bater [1951] P 35 and in Hornal v Neuberger Products Ltd [1957] 1 QB 247, a grave matter. The reviewing court will therefore require to be satisfied that the facts which are required for the justification of the restraint put upon liberty do exist. The flexibility of the civil standard of proof suffices to ensure that the court will require the high degree of probability which is appropriate to what is at stake. The nature and gravity of an issue necessarily determines the manner of attaining reasonable satisfaction of the truth of the issue’: Dixon J in Wright v Wright (1948) 77 CLR 191, 210. I would, therefore, adopt the civil standard flexibly applied in the way described in the case law to which I have referred. And I completely agree with the observation made by my noble and learned friend, Lord Bridge of Harwich, that the difficulties of proof in many immigration cases afford no valid ground for lowering the standard of proof required.
Accordingly, it is enough to say that, where the burden lies on the executive to justify the exercise of a power of detention, the facts relied on as justification must be proved to the satisfaction of the court. A preponderance of probability suffices: but the degree of probability must be such that the court is satisfied. The strictness of the criminal formula is unnecessary to enable justice to be done: and its lack of flexibility in a jurisdiction where the technicalities of the law of evidence must not be allowed to become the master of the court could be a positive disadvantage inhibiting the efficacy of the developing safeguard of judicial review in the field of public law.’
Lord Bridge said: ‘the civil standard of proof by a preponderance of probability will suffice, always provided that, in view of the gravity of the charge of fraud which has to be made out and of the consequences which will follow if it is, the court should not be satisfied with anything less than probability of a high degree.’
Lord Wilberforce said: ‘These remedies of judicial review and habeas corpus are, of course, historically quite distinct and procedurally are governed by different statutory rules, but I do not think that in the present context it is necessary to give them distinct consideration. In practice, many applicants seek both remedies. The court considers both any detention which may be in force and the order for removal: the one is normally ancillary to the other. I do not think that it would be appropriate unless unavoidable to make a distinction between the two remedies and I propose to deal with both under a common principle.’
Lord Fraser of Tullybelton observed: ‘in spite of [a] decision . . that the illegal immigrant be removed from this country, it will still be open to him to appeal under section 16 of [the 1971 Act] to an adjudicator against the decision to remove him. The fact that he is not entitled to appeal so long as he is in this country – section 16(2) – puts him at a serious disadvantage, but I do not think it is proper to regard the right of appeal as worthless. At least the possibility remains that there may be cases, rare perhaps, where an appeal to the adjudicator might still succeed.’

Lord Fraser of Tullybelton, Lord Wilberforce, Lord Scarman, Lord Bridge of Harwich and Lord Templeman
[1983] 2 WLR 321, [1984] 1 AC 74, [1982] UKHL 5, [1983] UKHL 8, [1983] 1 All ER 765, [1982] Imm AR 139
lip, Bailii, Bailii
Immigration Act 1971 33(1)
England and Wales
Citing:
Not followed – Regina v Secretary of State for the Home Department, Ex parte Zamir HL 17-Jul-1980
A person who obtained leave to enter, but did so by fraud, was an illegal entrant, on the basis that the fraud had the effect of vitiating the leave to enter which had been granted: ‘it is clear on general principles of law that deception may arise . .
Cited – Bater v Bater CA 1951
The wife petitioned for divorce, alleging cruelty.
Held: It had not been a misdirection for the petitioner to have to prove her case beyond reasonable doubt: ‘A high standard of proof’ was required because of the importance of such a case to . .
Cited – Hornal v Neuberger Products Ltd CA 1956
Proof Standard for Misrepresentation
The court was asked what was the standard of proof required to establish the tort of misrepresentation, and it contrasted the different standards of proof applicable in civil and criminal cases.
Held: The standard was the balance of . .
Cited – In re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research ChD 1964
Husband and wife, having made mutual wills each leaving their estate to the other, had been found dead in their home from coal gas poisoning. The court asked what was required to displace the presumption that the husband, the older of the two, had . .
Cited – Wright v Wright 1948
The civil standard of proof is flexible and the court may properly require a higher degree of probability which is appropriate to what is at stake. ‘… the nature and gravity of an issue necessarily determines the manner of attaining reasonable . .
Cited – Somerset’s Case, Somerset v Stewart 1772
Habeas Corpus Granted to Slave
Somerset, a slave purchased by the defendant in Virginia, had been brought to England, but then confined on board a ship. He brought a writ for habeas corpus.
Held: The plea in defence was insufficient. Lord Mansfield ordered an African slave . .
Cited – Practice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .

Cited by:
Cited – Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
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 . .
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 Secretary of State for Home Department ex parte Dolapo Omolara Martins Admn 29-Nov-1996
The Applicant sought judicial review of the Secretary of State’s decision declaring her to be an illegal entrant. She challenged a finding that at the time of entry she had intended to marry.
Held: It was established that she had not told th . .
Cited – Regina v Secretary of State for Home Department ex parte Cengiz Doldur Admn 26-Jun-1997
The applicant sought judicial review of the immigration officer’s finding that he was an illegal immigrant within the section. He had failed to declare that after obtaining temporary permission to enter, he had got married. It was not suggested that . .
Cited – Szoma v Secretary of State for the Department of Work and Pensions HL 28-Jul-2005
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these . .
Cited – Regina v Fraydon Navabi; Senait Tekie Embaye CACD 11-Nov-2005
The defendants had been convicted of not having an immigration document when presenting themselves for interview. They had handed their passports to the ‘agents’ who had assisted their entry.
Held: The jury should have been directed as to the . .
Cited – AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others CA 21-Dec-2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release.
Held: The standard of proof in such applications remained the balance of probabilities, but that . .
Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
Cited – In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D HL 11-Jun-2008
The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls . .
Cited – In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-2008
Balance of probabilities remains standard of proof
There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah SC 31-Oct-2012
The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to . .
Cited – ZN and Another, Regina (on The Application of) v Bromley Youth Court Admn 9-Jul-2014
The applicants, both aged 16, sought permission to bring judicial review of a decision to commit thme for trial at the adult Crown Court on theft charges along with a co-defendant adult (though 18).
Held: Permission was granted.
Hayden J . .
Cited – O, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Apr-2016
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending . .
Cited – Kiarie and Byndloss, Regina (on The Applications of) v Secretary of State for The Home Department SC 14-Jun-2017
The court considered a challenge to the rules governing ‘out of country’ appeals against immigration decisions. They had in each case convictions leading to prison terms for serious drugs related offences.
Held: The appeals were allowed, and . .
Cited – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .

Lists of cited by and citing cases may be incomplete.

Immigration, Judicial Review, Evidence

Leading Case

Updated: 05 December 2021; Ref: scu.178149

Karsaiye, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2014

The applicant seeking judicial review, and the respondent had agreed a form of order, which they then asked the court to make. The court had refused to make such an order without a hearing. A hearing took place.
Held: The application was dismissed.

Simon Bryan QC
[2014] EWHC 1738 (Admin)
Bailii

Judicial Review, Immigration

Updated: 03 December 2021; Ref: scu.526072

Lewin v Crown Prosecution Service: Admn 24 May 2002

The applicant sought review of the decision of the respondent not to initiate a prosecution in respect of a death in Spain. The deceased had been left drunk and unconscious in a car in the sun. There was a variance of opinion as to the exact cause of death, but it was said the proposed defendant should not have left him in a car in the hot sun.
Held: A decision not to prosecute is susceptible to judicial review, but that should be sparingly exercised. The duty of care assumed by bringing the deceased home in the car could not be extended to care for him afterwards. Application for review dismissed.

Mrs Justice Hallett
[2002] EWHC 1049 (Admin)
Bailii
England and Wales
Citing:
Cited – C (A Minor) v Director of Public Prosecutions HL 17-Mar-1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside.
Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good . .

Lists of cited by and citing cases may be incomplete.

Coroners, Crime, Judicial Review

Updated: 03 December 2021; Ref: scu.171268

Regina v British Coal Corporation, Ex Parte Price and Others: QBD 28 May 1993

British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; adequate information on which to respond; adequate time in which to respond and conscientious consideration by an authority of the response to consultation. Applying the test in R v Gwent ex p Bryant: ‘It is axiomatic that the process of consultation is not one in which the consultor is obliged to adopt any or all of the views expressed by the person or body whom he is consulting. ‘ and ‘Another way of putting the point more shortly is that fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, with the consultor thereafter considering those views properly and genuinely.’

Glidewell LJ
Times 28-May-1993, [1994] IRLR 72
Citing:
Adopted – Regina v Gwent County Council ex parte Bryant 1988
The court described what was meant by consultation: ‘Fair consultation means: (a) consultation when the proposals are still at a formative stage; (b) adequate information on which to respond; (c) adequate time in which to respond; (d) conscientious . .

Cited by:
Cited – Lambe v 186K Ltd CA 29-Jul-2004
The claimant had been dismissed for redundancy, but the company had been found not to have consulted him properly, and he had therefore been unfairly dismissed. The tribunal had then found that even if consulted the result would not have been . .
Cited – Cambridge Housing Society v Anwar EAT 9-Mar-2007
EAT Unfair Dismissal – Reason for dismissal including substantial other reason / Reasonableness for dismissal
4 grounds of appeal challenging reasonableness of Employment Tribunal decision allowing a claim . .
Cited – Mccaffrey v Fold Housing Association NIIT 27-Nov-2007
. .
Cited – English v Coastal Container Line Ltd NIIT 17-Dec-2008
. .
Cited – Hanover (Scotland) Housing Association Limited v John Reid Margaret Reid OHCS 6-Apr-2006
. .
Cited – Polyglobe Group Ltd v Vadher, Hassen EAT 21-Apr-2005
EAT Practice and Procedure – Bias, misconduct and procedural irregularity. The Employment Tribunal made an important factual finding as to the process by which the employees were dismissed, the finding being on a . .
Cited – Cranwick Country Food Plc v GMB Trade Union EAT 6-Sep-2005
EAT Tribunal correct that consultation about the correspondence of factory closure should have taken place immediately after closure plans announced before contracts exchanged on a new site. Securicor and Susie . .
Cited – M Mofunanya v Richmond Fellowship A Hanley EAT 23-Dec-2003
EAT Redundancy – Definition
EAT Redundancy – Definition . .
Cited – Caves v Board of Governors of Campbell College NIIT 23-Apr-2004
. .
Cited – Transport and General Workers Union v Manchester Airport Plc EAT 4-Aug-2004
EAT Redundancy – Collective consultation and information . .
Cited – Amicus v Nissan Motor Manufacturing (UK) Ltd EAT 26-Jul-2005
EAT Employers failed to consult with company council rather than union – did not consult with union until later stage 3 weeks before employees had to indicate willingness to be relocated but 4.5 months before . .
Cited – Securicor Omega Express Ltd v GMB (A Trade Union) EAT 7-Apr-2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult . .
Cited – Oakley v Merseyside Magistrates Court Committee EAT 2-Mar-2003
EAT Redundancy – Collective Consultation and Information . .
Cited – Alstom Traction Ltd v Birkenhead and others EAT 10-Oct-2002
. .
Cited – Colvin v Attol Business Systems Ltd EAT 29-Nov-2002
EAT Unfair Dismissal – Other . .
Cited – Hailwood v Best Power Technology Ltd EAT 29-Sep-1999
EAT Redundancy – Fairness . .
Cited – Scotch Premier Meat Ltd v Stuart Burns and others EAT 28-Apr-2000
EAT Redundancy – Definition . .
Cited – Middlesbrough Borough Council v TGWU Unison EAT 4-May-2001
The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham.
Held: Fair consultation involves giving the body consulted a fair and . .
Cited – Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom ChD 31-Jul-2002
The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary.
Cited – Hailwood v Best Power Technology Ltd EAT 29-Sep-2000
. .
Cited – O’Kane and Another v Grayston White and Sparrow Ltd EAT 6-Dec-1994
. .
Cited – Rowell v Hubbard Group Services Ltd EAT 12-Jan-1995
. .
Cited – British Flowplant Group Ltd and others EAT 9-May-1995
. .
Cited – Ormsby v the West of England Shipowners Insurance EAT 8-Nov-1995
. .
Cited – Reeve v Agricultural and Food Research Council EAT 9-Feb-1996
. .
Cited – Armishaw v London Docklands Development Corporation EAT 16-Jan-1996
. .
Cited – Isaac v Badgerline Ltd EAT 16-May-1996
. .
Cited – British Flowplant Group Ltd v Law and others EAT 12-Mar-1997
. .
Cited – British Flowplant Group Ltd v Law and others EAT 16-Dec-1997
. .
Cited – Tabani v United Bank Ltd EAT 21-Jun-1999
. .
Cited – Lloyd v Taylor Woodrow Construction EAT 1-Jul-1999
A defect of the consultation procedure in a redundancy which could make a dismissal unfair, was capable in some circumstances of being corrected by the company in its appeal procedure. The appellant had not originally been informed of the criteria . .
Cited – Cable Realisations Ltd v GMB Northern EAT 29-Oct-2009
The company appealed against the upholding of the union’s claim that the company was in breach of the regulations. The company was to close its factory and decided at first to begin consultations for redundancy, but then looked for a buyer for the . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative

Updated: 30 November 2021; Ref: scu.86211

Chuah, Regina (on The Application of) v Birmingham Crown Court and Another: Admn 30 Jul 2013

Application for judicial review of refusal of leave to appeal against conviction out of time.
Held: Proceedings by way of judicial review were wrong, because the Claimant sought to undermine the basis of the conviction and so any challenge to the Crown Court rulings ought to have been by way of Case Stated.

Saunders, Hickinbottom LJJ
[2013] EWHC 3336 (Admin)
Bailii
England and Wales

Criminal Practice, Judicial Review

Updated: 29 November 2021; Ref: scu.520864

Hunt, Regina (on The Application of) v North Somerset Council: CA 21 Nov 2013

Reasons for costs order made on failure of the claimant’s applications.
Held: The respondent should be entitled to recover half of its costs of the appeal. Rimer LJ said that by the time that the appeal came on for hearing, it was far too late to consider granting any relief (by which he must have had in mind a quashing order), even if – as to which the court had doubts – it might have been appropriate for relief to be granted a year earlier when the matter was before Wyn Williams J: ‘In these circumstances, the court considers that it would be wrong in principle to award any costs to Mr Hunt. The appeal proved to be of no practical value to him; and, in the court’s view it was always one which was destined to fail.
6. As the council was the successful party in the appeal, the court considers that it is in principle entitled to its costs. On the other hand, the court has regard to the fact that the council resisted the appeal not only on the basis that this was not a case for relief, but also on the two substantive grounds on which it lost. Its resistance on those two grounds increased the costs of the appeal. We regard that consideration as pointing away from an order awarding the council all of its costs.’

Moore-Bick, Rimer, Underhill LJJ
[2013] EWCA Civ 1483
Bailii
England and Wales
Citing:
Appeal from – Hunt v North Somerset Council Admn 18-Jul-2012
The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the . .
Main judgment – Hunt, Regina (on The Application of) v North Somerset Council CA 6-Nov-2013
Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported . .

Cited by:
Costs at CA – Hunt v North Somerset Council SC 22-Jul-2015
The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the . .

Lists of cited by and citing cases may be incomplete.

Costs, Judicial Review

Updated: 26 November 2021; Ref: scu.518319

Sky Blue Sports & Leisure Ltd and Others v Coventry City Council and Others: Admn 1 Nov 2013

The court was asked whether an order for specific disclosure should be made in the judicial review application even before permission has been granted and where permission has been refused on paper.

Silber J
[2013] EWHC 3366 (Admin)
Bailii
England and Wales

Judicial Review, Litigation Practice

Updated: 23 November 2021; Ref: scu.517342

Hunt, Regina (on The Application of) v North Somerset Council: CA 6 Nov 2013

Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported by the Council. Judicial review had been refused.
Held: The court upheld the appellant’s argument under section 149, but expressed doubt about whether section 507B(9) was applicable, though this was not disputed by the respondent. The court assumed without deciding, that the section was applicable, and on that assumption it upheld the appellant’s argument. However, the court refused to make the quashing order which was sought.
Rimer LJ said that although in theory a quashing order could be made, the court could not see how this could be done without quashing the respondent’s decision to approve the entire revenue budget for the financial year 2012/13, which had expired nearly three months before the appeal was heard. He concluded: ‘It is now too late to unwind what has been done. . . Judicial review is a discretionary remedy and, even though we have accepted the substantive points which Mr Hunt has advanced, we are of the firm view that he ought not to be granted the quashing order for which he asks. To do so would be detrimental to good administration.
We refuse to grant any relief to Mr Hunt and therefore dismiss the appeal.’

Moore-Bick, Rimer, Underhill LJJ
[2013] EWCA Civ 1320
Bailii
Equality Act 2010 149, Education Act 1996 507B
England and Wales
Citing:
Appeal from – Hunt v North Somerset Council Admn 18-Jul-2012
The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the . .

Cited by:
Appeal from – Hunt v North Somerset Council SC 22-Jul-2015
The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the . .
Main judgment – Hunt, Regina (on The Application of) v North Somerset Council CA 21-Nov-2013
Reasons for costs order made on failure of the claimant’s applications.
Held: The respondent should be entitled to recover half of its costs of the appeal. Rimer LJ said that by the time that the appeal came on for hearing, it was far too late . .

Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review

Updated: 25 November 2021; Ref: scu.517453

Regina v London Residuary Body, ex parte Inner London Education Authority: CA 3 Jul 1987

Mistake as a ground for judicial review. The court gave three classifications of a fact at issue: ‘Of course, a mistake of fact can vitiate a decision as where the fact is a condition precedent to an exercise of jurisdiction, or where the fact was the only evidential basis for a decision or where the fact was as to a matter which expressly or impliedly had to be taken into account. Outside those categories we do not accept that a decision can be flawed in this court, which is not an appellate tribunal, upon the ground of a mistake of fact.’

Watkins LJ
Times 03-Jul-1987
England and Wales

Judicial Review

Updated: 16 November 2021; Ref: scu.240306

Willford, Regina (on The Application of) v Financial Services Authority (FSA): CA 13 Jun 2013

Where a separate specialist statutory regime has been established by Parliament, there would need to be powerful reasons or exceptional circumstances to bypass that regime and permit an application for judicial review.
The Court considered and rejected an application by the appellant for the continuance of the steps taken to protect publication of his identity.

[2013] EWCA Civ 677
Bailii
England and Wales
Citing:
Appeal from – C, Regina (on The Application of) v Financial Services Authority Admn 25-May-2012
The claimant challenged by judicial review, disciplinary decisions made against him, saying tat insufficient reasons had been given. The Authority replied that judicial review was inappropriate since the claimant had open to him a reference to the . .

Cited by:
See Also – Willford, Regina (on The Application of) v Financial Services Authority (FSA) (No 2) CA 13-Jun-2013
. .
Cited – Erlam and Others v Rahman and Another QBD 23-Apr-2015
The petitioners had alleged that the respondent, in his or his agent’s conduct of his campaign to be elected Mayor for Tower Hamlets in London in May 2014, had engaged in corrupt and illegal practices.
Held: The election was set aside for . .
Cited – Watch Tower Bible and Tract Society of Britain v Charity Commission Admn 12-Dec-2014
The respondent had instigated a statutory inquiry under the 2011 Act into the claimant’s child safeguarding practices, and policies after compaints made to it. The Society now sought judicial review of that decision, and to production orders made to . .
Cited – Watch Tower Bible and Tract Society of Britain v Charity Commission Admn 12-Dec-2014
The respondent had instigated a statutory inquiry under the 2011 Act into the claimant’s child safeguarding practices, and policies after compaints made to it. The Society now sought judicial review of that decision, and to production orders made to . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Financial Services

Updated: 14 November 2021; Ref: scu.510833

Bryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis: Admn 23 May 2011

Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that the police had failed to protect their article 8 rights.
Held: Though the case law was factually quite different, the cases were not unarguable, and leave to go ahead was given, though the applicants were reminded of their need to continually review the viability of their claims.

Foskett J
[2011] EWHC 1314 (Admin)
Bailii
European Convention on Human Rights 8
England and Wales
Citing:
Cited – Airey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
Cited – Lopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
Cited – Guerra and Others v Italy ECHR 19-Feb-1998
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne QBD 17-May-2000
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict . .
Cited – Regina (on the Application of Bateman) v Legal Services Commission Admn 22-Oct-2001
The court emphasised the need for applicants for judicial review to review the merits of their case . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Judicial Review

Updated: 12 November 2021; Ref: scu.440075

Rex v Northumberland Compensation Appeal Tribunal, ex Parte Shaw: CA 19 Dec 1951

A tribunal had wrongly calculated his ‘service’ when assessing the applicant’s compensation for loss of office as clerk to the Hospital Board. There was no right of appeal against its decisions. The Attorney General had argued that certiorari would only lie to prevent a tribunal exceeding its jurisdiction. The Divisional Court disagreed.
Held: The A-G’s appeal failed. The court had not arrogated to itself any appellate function not been given to it.
Denning LJ said that that the court had: ‘an inherent jurisdiction to control all inferior tribunals, not in an appellate capacity, but in a supervisory capacity. This control extends not only to seeing that the inferior tribunals keep within their jurisdiction, but also to seeing that they observe the law. The control is exercised by means of a power to quash any determination by the tribunal which, on the face of it, offends against the law. The King’s Bench does not substitute its own views for those of the tribunal, as a Court of Appeal would do. It leaves it to the tribunal to hear the case again.’ and ‘A tribunal may often decide a point of law wrongly whilst keeping well within its jurisdiction’.
And: ‘No one has ever doubted that the Court of King’s Bench can intervene to prevent a statutory tribunal from exceeding the jurisdiction which Parliament has conferred on it: but it is quite another thing to say that the King’s Bench can intervene when a tribunal makes a mistake of law. A tribunal may often decide a point of law wrongly whilst keeping well within its jurisdiction.’
Singleton LJ regretted the lack of a right of appeal on a point of law, which he thought would save a great deal of time and trouble in deciding whether certiorari would lie.

Denning, Singleton, Morris LJJ
[1951] EWCA Civ 1, [1952] 1 TLR 161, [1952] 1 All ER 122, [1952] 1 KB 338
Bailii
England and Wales
Citing:
Cited – Rex v The London County Council CA 1931
Scrutton LJ said: ‘The writ of certiorari is a very old and high prerogative writ drawn up for the purpose of enabling the Court of King’s Bench to control the action of inferior Courts and to make it certain that they shall not exceed their . .

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

Lists of cited by and citing cases may be incomplete.

Judicial Review

Leading Case

Updated: 12 November 2021; Ref: scu.262864

Liversidge v Sir John Anderson: HL 3 Nov 1941

The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding to the words to give that effect. Although Parliament had made the power subject to a reasonable belief they accepted the Home Secretary’s statement that he held such a belief; in otherwise that he believed he had reasonable cause. This was a matter of national security., and it was not appropriate for a court to deal with matters of national security, especially as they were not privy to classified information that only the executive had.
Lord Atkin dissented as whether the defendant should or should not be obliged to give further and better particulars of a paragraph in his pleaded defence asserting that he had reasonable cause to believe that the claimant was a person of hostile associations. One of the pillars of liberty in English law is the principle that ‘every imprisonment is prima facie unlawful and that it is for a person directing imprisonment to justify his act. The only exception is in respect of imprisonment ordered by a judge, who from the nature of his office cannot be sued, and the validity of whose judicial decisions cannot in such proceedings as the present be questioned.’
He discussed the function of judges when faced with claims involving the liberty of a subject: ‘Their function is to give the words [of the Act] their natural meaning, but not perhaps in wartime leaning towards liberty, but following the dictum of Pollock CB in Bowditch v Balchin [1855] Exch R at page 378, cited with approval by my noble and learned friend, Lord Wright, in Barnard v Gorman [1941] AC 378 at page 393: ‘In a case in which the liberty of a subject is concerned we cannot go beyond the natural construction of the statute.’. In this country, amid the clash of arms, the laws are not silent. They may be changed but they speak the same language in war as in peace. It has always been one of the pillars of freedom and one of the principles of liberty for which, on recent authority, we are now fighting that judges are no respecters of persons and stand between the liberty of the subject and any attempted encroachments on his liberty by the executive alert to see that any coercive action is justified by law.’
Given the public importance of the case: ‘I think the majority of their Lordships… are rather of opinion that it is not a case in which costs should be asked for’. As to the mode of interpretation which tooks words to mean whatever the author meant Lord Atkin condemned it as: ‘when I use a word Humpty Dumpty said in rather a scornful tone, it means just what I choose it to mean – neither more nor less.’

Viscount Maugham, Macmillan, Wright, Romer LL, Lord Atkin (dissenting)
[1942] AC 206, [1941] UKHL 1, [1941] 3 All ER 338
Bailii
Defence (General) Regulations 1939, Emergency Powers (Defence) Act 1939 1
England and Wales
Citing:
Cited – Bowditch v Balchin 1855
Pollock CB said: ‘In a case in which the liberty of a subject is concerned we cannot go beyond the natural construction of the statute.’ . .
Cited – Barnard v Gorman HL 1941
The court considered awarding costs in a judicial review case: ‘There will be no order as to costs in this House, as the Crown has very properly agreed (since this is a case of general importance, and the respondent is a poor man) to pay the costs . .

Cited by:
Cited – Regina v Human Fertilisation and Embryology Authority ex parte DB Admn 17-Oct-1996
Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent.
Held: Community Law does not assist the Applicant. The question had been . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Abdi, Same v Same, Ex Parte Gawe HL 15-Feb-1996
Two Somali nationals were refused asylum and sought to challenge a decision rejecting their claim that to be sent to Spain would be contrary to the United Kingdom’s obligations under the Geneva Convention of 1951.
Held: Adjudicators are . .
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Cited – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
Cited – Haw, Regina (on the Application of) v Secretary of State for the Home Department and Another CA 8-May-2006
The applicant had demonstrated continuously against the war in Iraq from the pavement outside the House of Commons. The respondent sought an order for his removal under the law preventing demonstrations near Parliament without consent which was . .
Cited – Raissi and Another v The Commissioner of Police of the Metropolis QBD 30-Nov-2007
The claimants had been arrested under the 2000 Act, held for differing lengths of time and released without charge. They sought damages for false imprisonment.
Held: The officers had acted on their understanding that senior offcers had more . .
Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – TF, Regina (on the Application of) v Secretary of State for Justice CA 18-Dec-2008
The claimant had been near to completing a sentence for serious violence. He now challenged the way in which, as his sentenced approached completion, the defendant had sought an order transferring him to a secure mental hospital. He was served with . .
Cited – Commissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
Cited – 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 . .
Dissenting Judgment applied – Nakkuda Ali v M F De S Jayaratne PC 1951
(Ceylon) The section provided that ‘where the Controller has reasonable grounds to believe that any dealer is unfit to be allowed to continue as a dealer’ the Controller could exercise power to cancel the dealer’s licence given to him by the . .
Dissenting judgment approved – 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 – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Zabrovsky v The General Officer Commanding Palestine PC 4-Dec-1946
Mr Zabrovsky’s son, Arie Ben Eliezer, a Palestinian citizen, was detained under emergency powers regulations. He was issued with an order requiring him to leave Palestine. He was then transported to a military detention camp in Eritrea. At the time, . .
Cited – AA, Regina (on The Application of) v Secretary of State for The Home Department SC 10-Jul-2013
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Torts – Other, Constitutional

Leading Case

Updated: 11 November 2021; Ref: scu.197896

Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page: HL 3 Dec 1992

The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the court has no jurisdiction to review a decision of the visitor of a University on the construction of its statues if such a decision is made within the visitors powers.
The House considered the nature and purpose of the system of judicial review: ‘The fundamental principle [of judicial review] is that the courts will intervene to ensure that the powers of public decision-making bodies are exercised lawfully. In all cases . . this intervention . . is based on the proposition that such powers have been conferred on the decision-maker on the underlying assumption that the powers are to be exercised only within the jurisdiction conferred, in accordance with fair procedures and, in a Wednesbury sense . . reasonably. If the decision-maker exercises his powers outside the jurisdiction conferred, in a manner which is procedurally irregular or is Wednesbury unreasonable, he is acting ultra vires his powers and therefore unlawfully.’ The House discarded the distinction between error of law within and outwith jurisdiction.

Lord Keith of Kinkel, Lord Griffiths, Lord Browne-Wilkinson, Lord Mustill, Lord Slynn of Hadley
Gazette 10-Mar-1993, [1993] 3 WLR 1112, [1993] AC 682, [1992] UKHL 12, Indepent 09-Dec-1992
Bailii
England and Wales
Citing:
Appeal from – Regina v Hull University Visitor, ex parte Page CA 1991
(Orse Regina v Lord President of the Privy Council ex parte Page) The employee’s terms included two provisions, one in his letter of appointment which provided for either party to terminate on three months’ notice in writing, and one in the . .
Cited – Philips v Bury PC 1694
A university visitor, acting as a judge has exclusive jurisdiction, and his decision is final in all matters within his jurisdiction. . .
Remarks Explained – Thomas v University of Bradford HL 1987
The lecturer sought an order for the University to comply with what he understood were its own rules. The House considered the availability of a remedy of certiorari in challenging a decision of the University visitors.
Held: A university is . .
Cited – Pearlman v Keepers and Governors of Harrow School CA 14-Jul-1978
The court considered the finality of decision of a county court judge regarding the interpretation of the phrase ‘structural alteration’ in the 1974 Act. Paragraph 2 (2) of Schedule 8 provided that the determination of the county court judge ‘shall . .
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 by:
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Ahsan v Carter CA 28-Jul-2005
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
Cited – Ford-Camber Ltd v Deanminster Ltd and Another CA 24-May-2007
The parties disputed the compensation for the diversion of a right of way. The right was over a service road connecting the land with the highway. If the land was acquired by the development authority under section 104, and was carried out by a . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Evans and Others v The Serious Fraud Office QBD 12-Feb-2015
evans_sfoQBD201502
The claimants had had criminal charges brought against them by the defendants. A court had ordered them discharged, but the defendant had recommenced proceedings and these second set of proceedings had also been dismissed by the court. They now . .
Cited – Regina v Visitors to the Inns of Court ex parte Calder CA 1993
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision.
Held: Justices . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .

Lists of cited by and citing cases may be incomplete.

Education, Judicial Review, Employment, Natural Justice

Leading Case

Updated: 11 November 2021; Ref: scu.187079

Henry, Regina (on The Application of) v The Bar Standards Board: Admn 28 Sep 2016

JR leave refusal – BSB Disciplinary Refusal

The claimant, was a solicitor who had himself been disciplined for misconduct, of disciplinary decisions following findings that his conduct had fallen short of that expected of an ordinary honest individual with his knowledge and experience and that he was guilty of a dishonest assistance in breach of trust. He had requested the defendant tio institute disciplinary proceedings against two barristers, but, having looked at it the Board declined to take it any further. He now made a renewed application for leave to bring judicial review of the decision.
Held: The PCC had adequately investigated the complaints and concluded that they should be dismissed. That was a reasonable conclusion properly open to the PCC. Whilst the complaint was not entirely without merit, applying Samia, it still lacked sufficient merit to warrant being taken further.

Whipple J
[2016] EWHC 2343 (Admin)
Bailii
England and Wales
Citing:
Applied – Wasif v The Secretary of State for The Home Department CA 9-Feb-2016
Wide scope for refusal of JR leave
These two appeals have been listed together because they both raise an issue about the proper approach to be taken in considering whether to certify an application for permission to apply for judicial review as ‘totally without merit’.
Held: . .

Lists of cited by and citing cases may be incomplete.

Legal Professions, Judicial Review

Updated: 11 November 2021; Ref: scu.569626

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.
Held: In the absence of some procedural irregularity or other exceptional circumstance, judicial review of a refusal to give leave to appeal should not be granted. Judicial review has always been a remedy of last resort. Phillips MR said: ‘All the authorities to which we have been referred indicate that this remains true today. The weight of authority makes it impossible to accept that the jurisdiction to subject a decision to judicial review can be removed by statutory implication’.
The court set out a comprehensive set of principles, operable through the discretionary power to deny judicial review, and designed to ensure that only true jurisdictional challenges could bypass the appeal process. The court confined such challenges to ‘very rare cases where a litigant challenges the jurisdiction of a circuit judge . . on the ground of jurisdictional error in the narrow, pre-Anisminic sense, or procedural irregularity of such a kind as to constitute a denial of the applicant’s right to a fair hearing.’ Permission to proceed with a judicial review claim will be refused where a claimant has failed to exhaust his other possible remedies.

Latham, Mance LJJ, Phillips MR
Gazette 23-Jan-2003, [2002] EWCA Civ 1738, [2003] 1 WLR 475, [2003] CP Rep 27, [2003] 2 All ER 160
Bailii
Access to Justice Act 1999 54(1)
England and Wales
Citing:
Appeal from – 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 – 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 by:
Cited – Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
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 . .
Cited – Ahsan v Carter CA 28-Jul-2005
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
Cited – Roche v The United Kingdom ECHR 19-Oct-2005
(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the . .
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 – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Cited – 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 – 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 . .
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 . .
Cited – Singh v HM Revenue and Customs UTTC 15-May-2010
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 . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Litigation Practice

Leading Case

Updated: 11 November 2021; Ref: scu.178469

Wightman, MSP and Others, Reclaiming Motion By v The Advocate General: SCS 20 Mar 2018

Art 50 withdrawal possibility review to proceed

Petition seeking judicial review of the United Kingdom Government’s ‘position’ on the revocability of a notice of intention to withdraw from the European Union in terms of Article 50.2 of the Treaty on European Union.

[2018] ScotCS CSIH – 18
Bailii
Scotland
Cited by:
At Outer House – Wightman MSP and Others for Judicial Review v The Secretary of State for Exiting The European Union SCS 8-Jun-2018
The Petitioners sought a declaration that the Article 50 notice given by the UK government could be withdrawn by the UK without the consent of the EU.
Held: The matter was referred to the CJEU for a preliminary answer to the question: ‘Where, . .
At Outer House – Wightman and Others v Secretary of State for Exiting the European Union ECJ 4-Dec-2018
Opinion – Unilateral withdrawal of Art 50 Notice
Opinion – Right of withdrawal from the European Union – Notification of the intention to withdraw – Withdrawal of the United Kingdom (Brexit)
Question referred for a preliminary ruling – Admissibility – Article 50 TEU – Right of withdrawal from . .
At Outer House – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .

Lists of cited by and citing cases may be incomplete.

European, Constitutional, Judicial Review

Updated: 11 November 2021; Ref: scu.609354

Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that a person charged with having committed a criminal offence should receive a fair trial and that, if he cannot be tried fairly for that offence, he should not be tried for it at all.’ Proceedings may be stayed in the exercise of the judge’s discretion not only where a fair trial is impossible but also where it would be contrary to the public interest in the integrity of the criminal justice system that a trial should take place. It was proper to order a stay of a prosecution (Lord Oliver of Aylmerton dissenting).
Lord Lowry: ‘the court, in order to protect its own process from being degraded and misused, must have the power to stay proceedings which have come before it and have only been made possible by acts which offend the court’s conscience as being contrary to the rule of law. Those acts by providing a morally unacceptable foundation for the exercise of jurisdiction over the suspect taint the proposed trial and, if tolerated, will mean that the court’s process has been abused.’

and ‘It would, I submit, be generally conceded that for the Crown to go back on a promise of immunity given to an accomplice who is willing to give evidence against his confederates would be unacceptable to the proposed court of trial, although the trial itself could be fairly conducted.’
Lord Griffiths said: ‘Your Lordships are now invited to extend the concept of abuse of process a stage further. In the present case there is no suggestion that the appellant cannot have a fair trial, nor could it be suggested that it would have been unfair to try him if he had been returned to this country through extradition proceedings. If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law which embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law.

My Lords, I have no doubt that the judiciary should accept this responsibility in the field of criminal law. The great growth of administrative law during the latter half of this century has occurred because of the recognition by the judiciary and Parliament alike that it is the function of the High Court to ensure that executive action is exercised responsibly and as Parliament intended. So also should it be in the field of criminal law and if it comes to the attention of the court that there has been a serious abuse of power it should, in my view, express its disapproval by refusing to act upon it. . .

The courts, of course, have no power to apply direct discipline to the police or the prosecuting authorities, but they can refuse to allow them to take advantage of abuse of power by regarding their behaviour as an abuse of process and thus preventing a prosecution.’

Lord Griffiths, Lord Oliver of Aylmerton, Lord Lowry
Independent 01-Jul-1993, Times 25-Jun-1993, [1993] 3 WLR 90, [1994] 1 AC 42, [1993] UKHL 10, (1993) 3 All ER 138, (1994) 98 Cr App R 114
Bailii
England and Wales
Citing:
Cited – Mills v Cooper QBD 1967
Two sets of criminal proceedings were brought against the defendant for offences under section 127 of the Highways Act 1959 namely that of being a gypsy and, without lawful excuse, camping on a highway. The first proceedings were brought in respect . .
Cited – Regina v Brentford Justices Ex parte Wong QBD 1981
The defendant had been involved in a traffic accident. Very shortly before the expiry of the six month time limit, the prosecutor issued a careless driving summons apparently in order to preserve the possibility of a prosecution without yet having . .
Cited – Regina v Watford Justices, Ex parte Outrim (1982) 1982
Magistrates have a jurisdiction to hear abuse of process arguments. . .

Cited by:
Cited – Regina (Kashamu) v Governor of Brixton Prison and Another; Regina (Kashamu) v Bow Street Magistrates’ Court; Regina (Makhlulif and Another) v Bow Street Magistrates’ Court QBD 23-Nov-2001
Where a magistrates’ court heard an application for extradition, it was within its proper ambit to assess the lawfulness of the detention of the suspect in the light of the Human Rights Convention, but not to stray onto issues which were only for . .
Cited – Walker v The Governor of HM Prison Nottingham Admn 25-Jan-2002
The claimant sought a writ of habeas corpus. The Commissioners of Customs and Excise had requested the arrest of the claimant in the US pending extradition. It was not realised that the offence alleged was not sufficient to found extradition. The . .
Cited – Johannes Cornelius Vervuren v Her Majesty’s Advocate HCJ 12-Apr-2002
The applicant had been extradited from Portugal. He said that the procedures in Portugal had infringed his human rights in that he had not had proper representation nor translation, and that his consent to extradition had been under protest as to . .
Cited – Attorney-General’s Reference (No 2 of 2001) HL 11-Dec-2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an . .
Cited – Regina v Manchester Stipendiary City Magistrates ex parte Pal Tagger Admn 29-Nov-1996
The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution.
Held: No abuse had been established, only delay. . .
Cited – Regina (on the Application of Mullen) v The Secretary of State for the Home Department CA 20-Dec-2002
The applicant had been unlawfully taken from Zimbabwe, then tried and sentenced in the UK. His conviction was set aside as unsafe, but he had been refused damages. He appealed.
Held: There was no substantial criticism of the trial itself, but . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Cited – Regina v J HL 14-Oct-2004
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same . .
Cited – Regina v Mullen CACD 4-Feb-1999
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to . .
Cited – Hounsham and Others, Regina v CACD 26-May-2005
The defendants appealed convictions for having staged motor accidents to support false insurance claims. They said that the insurance companies had contributed to the costs of the investigation by the police.
Held: It might have been most . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
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 – Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the . .
Cited – Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the . .
Cited – Department for Work and Pensions v Courts Admn 3-May-2006
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, . .
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were . .
Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – Crown Prosecution Service v P; Director of Public Prosecutions v P Admn 27-Apr-2007
The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by . .
Cited – Mote v Regina CACD 21-Dec-2007
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. . .
Cited – Panday v Virgil PC 9-Apr-2008
(Trinidad and Tobago) The defendant’s appeal against conviction had succeeded on the basis of apparent bias in the tribunal. He now appealed the order remitting the case to be reheard, saying that a fair trial was no longer possible.
Held: The . .
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 – CPS (Sussex) v Mattu CACD 17-Jul-2009
The defendant faced a charge of conspiracy to import Class A drugs. Detailed discussions had taken place between the prosecutor and defendant under which he had pleaded guity on a agreed basis of fact. The prosecutor then proceeded with a furthe . .
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 – Hauschildt, Regina (On the Application of) v Highbury Corner Magistrates’ Court Admn 13-Dec-2007
The detainee sough a writ of habeas corpus. He had returned to England to surrender to bail against a representation that he would be bailed. After interview he had been remanded in custody. The officer said that he had known his representation was . .
Cited – Abdul and Others v Director of Public Prosecutions Admn 16-Feb-2011
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a . .
Cited – Maxwell, Regina v SC 20-Jul-2011
The defendant had had his conviction for murder set aside after a finding of gross prosecutorial misconduct by the police. The Court was now asked as to the propriety of the order for a retrial. The police involved in the case had misled the CPS, . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Applied – Mullen and Another, Regina v CACD 5-May-2000
Mr Mullen, had been deported from Zimbabwe to the United Kingdom as a result of a plan concocted between the United Kingdom and Zimbabwean authorities which involved breaching Zimbabwean extradition law.
Held: The subsequent conviction was set . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Extradition, Criminal Practice

Leading Case

Updated: 11 November 2021; Ref: scu.86889

Ruddy v Chief Constable, Strathclyde Police and Another: SC 28 Nov 2012

The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the investigation, saying that it had infringed his Artricle 3 human rights. The Sheriff rejected the claims, and his appeal was rejected as incompetent by the Court of Session.
Held: The appeal succeeded.
The Court of Session is largely master of its own procedures, and its decisions on such should not be disturbed unless shown to be wrong in principle. This was such a case. The pursuer was right to seek damages rather than judicial review since a review of the decision would be an inadequate remedy.
As the objection that was taken to the competency of the action as a whole was not well founded, it is open to this court to differ from the Extra Division on this issue too and reject the objection. The court must take a pragmatic approach and not allow procedure to become the master of justice. The case was remitted for the Court of Session to admit and hear the appeal.

Lord Hope, Deputy President, Lady Hale, Lord Mance, Lord Kerr, Lord Reed
[2012] UKSC 57, UKSC 2011/0258
Bailii Summary, Bailii, SC Summary, SC
Human Rights Act 1998 8(3), European Convention on Human Rights 3, Scotland Act 1998 100(3)
Scotland
Citing:
Cited – Cowan and Sons v Duke of Buccleuch HL 1876
Lord Chancellor Cairns said: ‘In matters of procedure and practice, and still more in matters of discretion, and, above all, where the Judges of the Court below are unanimous as to a matter of procedure and practice, the uniform practice of your . .
Cited – Docherty and Others v The Scottish Ministers SCS 2-Sep-2011
The pursuers each sought damages, saying that the conditions in which they had been held whilst prisoners in HMP Barlinnie had infringed their human rights.
Held: It would be contrary to public policy and an abuse of process for a person to . .
Appeal from – Ruddy v Rae, Chief Constable Strathclyde Police and Another SCS 2-Mar-2011
The pursuer had been arrested under warrant. He complained that other officers in Strathclyde assualted him when iin custody. That complaint was rejected after investigation, and proceedings were refused either by way of criminal prosecution or . .
Cited – Cocks v Thanet District Council HL 25-Nov-1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. . .
Cited – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – SC, Re Judicial Review SCS 3-Aug-2011
. .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Clark v University of Lincolnshire and Humberside CA 14-Apr-2000
A student had been failed after being falsely accused of cheating, but the academic review board, on remarking the paper marked it as zero.
Held: Where a University did not have the supervisory jurisdiction of a visitor, a breach of contract . .
Cited – Roy v Kensington and Chelsea and Westminster Family Practitioner Committee HL 6-Feb-1992
The respondent had withheld part of the plaintiff’s GP payments saying that he had failed to devote himself full time to his practice. The plaintiff sued, and the defendant sought to strike out his application, saying that his application had to be . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Judicial Review

Leading Case

Updated: 11 November 2021; Ref: scu.466371

Regina v Criminal Injuries Compensation Board Ex Parte A: HL 11 Mar 1999

A police doctor’s statement in a contemporary medical report that her findings were consistent with the claimant’s allegation had not been included in the evidence before the CICB when it rejected her claim for compensation.
Held: The decision was quashed. What happened was held to be a breach of the rules of natural justice and constituted unfairness. Where a party had successfully applied inter partes for judicial review out of time, the court should not bring that question in again when making the final order. A party wishing to oppose the time extension should rather appeal against the leave given.
The court has a jurisdiction to quash for a misunderstanding or ignorance of an established and relevant fact.
Lord Slynn of Hadley set out the principles to be applied in cases relating to delay as:
‘(a) On an ex parte application leave to apply for judicial review out of time can be refused, deferred to the substantive hearing or given.
(b) Leave may be given if the court considers that good reason for extending the period has been shown. The good reason on an ex parte application is generally to be seen from the standpoint of the applicant.
(c) If leave is given then an application to set it aside may be made though this is not to be encouraged.
(d) If leave is given, then unless set aside, it does not fall to be reopened at the substantive hearing on the basis that there is no ground for extending time under Ord.53 r.4(1). At the substantive hearing there is no ‘application for leave to apply for judicial review’, leave having already been given.
(e) Nor is there a power to refuse ‘to grant . . leave’ at the substantive hearing on the basis of hardship or prejudice or detriment to good administration. The court has already granted leave; it is too late to ‘refuse’ unless the court sets aside the initial grant without a separate application having been made for that to be done. What the court can do under section 31(6) is to refuse to grant relief. (This was stated by his Lordship as his ‘provisional view’ on this matter as the point had not been argued).
(f) If the application is adjourned to the substantive hearing, the questions as to good reason for an extension of time and hardship, prejudice, detriment, justifying a refusal of leave may fall for determination’.

Lord Slynn of Hadley Lord Mackay of Clashfern Lord Nolan Lord Clyde Lord Hobhouse of Woodborough
Times 26-Mar-1999, Gazette 28-Apr-1999, [1999] UKHL 21, [1999] 2 AC 330, [1999] 2 WLR 974, [1999] QB 659
House of Lords, House of Lords, Bailii
Supreme Court Act 1981 31
England and Wales
Citing:
Overruled – Ex parte Worth 1985
The giving of leave to bring a judicial review case did not equate to an extension of time to make the application. The judge’s task on the ex parte application was to do no more than to decide that there was an arguable case for judicial review and . .
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 Greenwich London Borough Council, Ex Parte Patterson QBD 27-May-1993
A council should satisfy itself by making more enquiries about suggestions of domestic violence before transferring a claimant to another authority. The granting of leave to move for a judicial review does not preclude the respondent from objecting . .

Cited by:
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 – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Natural Justice

Leading Case

Updated: 11 November 2021; Ref: scu.135140

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 scope of judicial review was limited or excluded.
Held: The appeals failed, though the Court gave different reasons. The Upper Tribunal should be subject to judicial review only where a litigant would be allowed a second tier appeal, ie, where an important question of principle or practice falls to be answered.
Lady Hale said: ‘the adoption of the second-tier appeals criteria would be a rational and proportionate restriction upon the availability of judicial review of the refusal by the Upper Tribunal of permission to appeal to itself. It would recognise that the new and in many ways enhanced tribunal structure deserves a more restrained approach to judicial review than has previously been the case, while ensuring that important errors can still be corrected. It is a test which the courts are now very used to applying. It is capable of encompassing both the important point of principle affecting large numbers of similar claims and the compelling reasons presented by the extremity of the consequences for the individual. ‘
Lady Hale said: ‘the scope of judicial review is an artefact of the common law whose object is to maintain the rule of law – that is to ensure that, within the bounds of practical possibility, decisions are taken in accordance with the law, and in particular the law which Parliament has enacted, and not otherwise.’

Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lady Hale, Lord Brown, Lord Clarke,Lord Dyson
[2011] UKSC 28, UKSC 2010/0176, [2011] PTSR 1053, [2011] 3 WLR 107, [2011] STI 1943, [2012] 1 AC 663, [2011] 4 All ER 127, [2011] AACR 38, [2011] MHLR 196, [2012] 1 FLR 997, [2011] Imm AR 704, [2011] STC 1659, [2012] Fam Law 398
Bailii, Bailii Summary, SC, SC Summary
Tribunals, Courts and Enforcement Act 2007 3
England and Wales
Citing:
At Upper Tribunal – RC v Secretary of State for Work and Pensions UTAA 15-Apr-2009
. .
At First Instance – 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 . .
Appeal from – 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 – Rex v Northumberland Compensation Appeal Tribunal, ex Parte Shaw CA 19-Dec-1951
A tribunal had wrongly calculated his ‘service’ when assessing the applicant’s compensation for loss of office as clerk to the Hospital Board. There was no right of appeal against its decisions. The Attorney General had argued that certiorari would . .
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 . .
Mentioned – Regina v National Insurance Commissioner, Ex parte Secretary of State for Social Services; In re Packer CA 1981
Mrs Packer, a lady of eighty-three, claimed an attendance allowance under the Act of 1975 in respect of the cooking of her meals which she could not do herself. The Commissioner thought that eating was a bodily function and that cooking was so . .
Cited – In re Woodling; Woodling v Secretary of State for Social Services HL 1984
The question of law was whether cooking meals was ‘attention in connection with bodily functions’ for the purpose of attendance allowance.
Held: Though courts are willing to give ‘bodily functions’ a fairly wide meaning, it did not include the . .
Appeal from – EBA v The Advocate General for Scotland SCS 10-Sep-2010
(Inner House) The petitioner wished to appeal against refusal of disability living allowance. Her appeal to the first tier tribunal was rejected, and her request to the Upper Tribunal for leave to appeal was refused. When, she then sought leave to . .
Cited – Regina v Immigration Appeal Tribunal, ex parte Darsham Singh Sohal QBD 1981
. .
Cited – Regina v Immigration Appeal Tribunal, Ex parte Bakhtaur Singh HL 1986
The claimant’s appeal against the decision of the Secretary of State to deport him failed before the adjudicator. The Immigration Appeal Tribunal refused leave to appeal to that Tribunal. He sought judicial review of that refusal. The issue was . .
Cited – Bone v Mental Health Review Tribunal 1985
Review was sought of a decision of the Mental Health Tribunal.
Held: In the specific case of Mental Health Review Tribunals, reasons for decisions must be proper, adequate and intelligible, and dealing with the substantial points raised. . .
Cited – Regina v Immigration Appeal Tribunal, Ex parte Bakhtaur Singh HL 1986
The claimant’s appeal against the decision of the Secretary of State to deport him failed before the adjudicator. The Immigration Appeal Tribunal refused leave to appeal to that Tribunal. He sought judicial review of that refusal. The issue was . .
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 – Chessington World of Adventures Ltd v Reed EAT 27-Jun-1997
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public . .
Cited – Regina v Regional Office of the Employment Tribunals (London North), Ex p Sojorin (unreported) CA 21-Feb-2000
The Employment Appeal Tribunal is immune from judicial review. . .
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 – 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 – FA (Iraq) and PD (India) v Secretary of State for the Home Department CA 28-Jun-2010
. .
Cited – Wiles v Social Security Commissioner and Another CA 16-Mar-2010
The court considered one of the last applications for permission to seek judicial review of a Social Security Commissioner’s determination before the transfer of the Commissioner’s jurisdiction to the Upper Tribunal. Mr Eadie, for the Commissioner, . .
Cited – Secretary of State for the Home Department v AH (Sudan) and others HL 14-Nov-2007
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. . .
Disapproved – 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 by:
See Also – 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 . .
Cited – Daejan Investments Ltd v Benson and Others SC 6-Mar-2013
Daejan owned the freehold of a block of apartments, managing it through an agency. The tenants were members of a resident’s association. The landlord wished to carry out works, but failed to complete the consultation requirements. The court was . .
Cited – Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government CA 6-Feb-2013
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
Cited – A v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .
Cited – Michalak v General Medical Council and Others SC 1-Nov-2017
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Constitutional, Judicial Review

Leading Case

Updated: 11 November 2021; Ref: scu.441294

Friends of Basildon Golf Course v Basildon District Council and Another: Admn 23 Jan 2009

The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact Assessment was inadequate.
Held: The court felt able to accept oral evidence despite it being an application for judicial review. The examination of the screening option was complete and did not need to be revisited. There was no statutory duty on the respondent to consult the county authority even though it wised to be consulted.

Wyn Williams J
[2009] EWHC 66 (Admin)
Bailii
Town and Country Planning (Prescription of County Matters) (England) Regulations 2003
England and Wales
Citing:
Cited – Regina v Swale Borough Council, ex parte Royal Society for the Protection of Birds 1991
A party seeking a judicial review has a duty to go ahead very quickly. The court considered the need for an environmental assessment in respect of the proposed development. . .
Confirmed – Regina (Fernback and Others) v Harrow London Borough Council QBD 15-May-2001
The local planning authority adopted a screening opinion that proposed development was not development requiring an EIA under the 1999 Regulations. About a year later it granted planning permission for the proposed development. Local residents . .
Cited – Regina (on the Application of Kides) v South Cambridgeshire District Council Ltd CA 9-Oct-2002
The applicant sought a judicial review of a grant of planning permission. She said that in the considerable time gap between the decision in principle, and the decision notice, several elements had changed requiring the decision to be reconsidered. . .
Cited – Barker, Regina (on the Application of) v London Borough of Bromley HL 6-Dec-2006
The House was asked whether the 1988 Regulations properly implemented the Directive so as to require environmental impact assessments where the developer first obtained outline permission and then approval of reserved matters, but the need for an . .
Cited – Anderson and Others, Regina (on the Application Of) v City of York Council Admn 13-Jun-2005
. .
Cited – Regina (B) v Merton London Borough Council Admn 14-Jul-2003
The authority had to decide the age of the applicant, an asylum seeker, in order to decide whether a duty was owed to him under the Act. He complained that the procedure adopted was unfair. The 2002 Act did not apply to persons under 18, and he . .
Cited – Younger Homes (Northern) Ltd v First Secretary of State and Another Admn 26-Nov-2003
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, Judicial Review

Updated: 11 November 2021; Ref: scu.280138

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 may be, subject to constraints of national security and the like, as susceptible to review as that of a statutory power. The controlling factor in determining whether the exercise of a power by a body is subject to judicial review is not in its source but its subject matter. Challenges to the lawfulness of subordinate legislation or administrative decisions and acts may take under the headings of illegality, procedural impropriety and irrationality.
Though it was unfair for the government to decide to deprive a civil servant of his right to belong to a trade union without first consulting the civil servant or his union but for the overriding interests of national security which justified the government’s decision.
Lord Diplock said: ‘A legitimate expectation may arise from an express promise ‘given on behalf of a public authority’, and ‘some benefit or advantage which . . [the applicant] had in the past been permitted by the decision-maker to enjoy and which he can legitimately expect to be permitted to continue to do until there has been communicated to him some rational grounds for withdrawing it on which he has been given an opportunity to comment.’ and ‘To qualify as a subject for judicial review the decision must have consequences which affect some person (or body of persons) other than the decision-maker, although it may affect him too. It must affect such other person either (a) by altering rights or obligations of that person which are enforceable by or against him in private law; or (b) by depriving him of some benefit or advantage which either (i) he had in the past been permitted by the decision – maker to enjoy and which he can legitimately expect to be permitted to continue to do until there has been committed to him some rational grounds for withdrawing it on which he has been given an opportunity to comment; or (ii) he has received assurance from the decision-maker that it will not be withdrawn without giving him first an opportunity of advancing reasons for contending that they should not be withdrawn.’
and ‘Many of the most important prerogative powers concerned with the control of the armed forces and with foreign policy and with matters which are unsuitable for discussion or review in the Law Court . . Such decisions will generally involve the application of Government policy. The reasons for the decision-maker taking one course rather than another do not normally involve questions to which, if disputed, the judicial process is adapted to provide the right answer, by which I mean that the kind of evidence that is admissible under judicial procedures and the way in which it has to be adduced tend to exclude from the attention of the court competing policy considerations which, if the Executive discretion is to be wisely exercised, need to be weighed against one another – a balancing exercise which judges by their upbringing and experience are ill-qualified to perform.’
Lord Diplock summarised the grounds of judicial review: ‘By ‘irrationality’ I mean what can by now be succinctly referred to as ‘Wednesbury unreasonableness’ . . It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.’
Lord Fraser said: ‘The question is one of evidence. The decision on whether the requirements of national security outweigh the duty of fairness in any particular case is for the Government and not for the courts; the Government alone has access to the information, and in any event the judicial process is unsuitable for reaching decisions on national security. But if the decision is successfully challenged, on the ground that it has been reached by a process which is unfair, then the Government is under an obligation to produce evidence that the decision was in fact based on grounds of national security.’
Lord Roskill described of a number of prerogative powers which he thought could not be subject to review by the courts: ‘Many examples were given during the argument of prerogative powers which as at present advised I do not think could properly be made the subject of judicial review. Prerogative powers such as those relating to the making of treaties, the defence of the realm, the prerogative of mercy, the grant of honours, the dissolution of Parliament and the appointment of ministers as well as others are not, I think, susceptible to judicial review because their nature and subject matter are such as not to be amenable to the judicial process.’

Lord Scarman, Lord Diplock, Lord Fraser of Tullybelton
[1985] 1 AC 374, [1985] ICR 14, [1984] 3 All ER 935, [1983] UKHL 6, [1984] 3 WLR 1174, [1985] IRLR 28, [1984] UKHL 9, [1985] AC 374
Bailii, Bailii
England and Wales
Citing:
Cited – The Zamora PC 1916
Lord Parker said: ‘The idea that the King in Council, or indeed any branch of the Executive, has power to prescribe or alter the law to be administered by the Courts of law in this country is out of harmony with the principles of our Constitution. . .

Cited by:
Cited – Regina v British Broadcasting Corporation, ex parte Referendum Party; Regina v Independent Television Commission, ex parte Referendum Party Admn 24-Apr-1997
The Referendum Party challenged the allocation to it of less time for election broadcasts. Under the existing agreements, having fielded over 50 candidates, they were allocated only five minutes.
Held: Neither the inclusion of past electoral . .
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
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 – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Regina v Southwark Crown Court ex parte Watts CA 1991
A street market license was properly refused renewal, where the stall was not operated in person by the licensee for a period of four weeks. The Act required his personal supervision of the stall. Such a requirement was not in breach of the . .
Cited – Regina on Application of Dinev and Others v Westminster City Council Admn 24-Oct-2000
Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure . .
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
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 Braintree District Council ex parte Halls Admn 2-Jul-1999
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant . .
Cited – Jones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service CACD 21-Jul-2004
The court considered the extent to which the defendants in the proceedings can rely on their beliefs as to the unlawfulness of the United Kingdom’s actions in preparing for, declaring, and waging war in Iraq in 2003 in a defence to a charge of . .
Cited – 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 . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi Admn 25-Oct-1996
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
Cited – Regina v Director of GCHQ ex parte Hodges QBD 20-Jul-1988
The Court accepted evidence that the positive vetting procedure operated at GCHQ was required in the interests of national security.
Held: The withdrawal of the applicant’s positive vetting clearance was not justiciable. As to the Civil . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 11-May-2006
The claimant on behalf of himself and other islanders sought a declaration that the 2004 Order was unlawful. The islands had been emptied of people in 1973 and before in order to allow use of the islands as military bases. He had enjoyed a right to . .
Cited – Ozbek v Ispwich Borough Council CA 4-May-2006
The claimant applied to be housed as a homeless person. The authority sought to refer him to a different authority under s198. As an asylum seeker, he had been given assistance both in Portsmouth and Southampton before coming to Ipswich. He said . .
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 – Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others CA 12-Dec-2006
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.
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 – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Cited – Gentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
Cited – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another HL 30-Apr-2008
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006.
Held: The secretary of state’s . .
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Cited – Wheeler v Leicester City Council; In re Wheeler and others HL 25-Jul-1985
The Council opposed sporting links with South Africa. The local rugby club failed to denounce apartheid and did not seek to dissuade three of its players touring with the national side. The Court of Appeal had refused judicial review of the . .
Cited – Albert Court Residents Association and Others, Regina (on The Application of) v Corporation of The Hall of Arts and Sciences Admn 2-Mar-2010
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence . .
At HL – Council of Civil Service Unions v The United Kingdom ECHR 20-Jan-1987
(Commission) The applicants complained that as staff at GCHQ, they had been debarred from being members of trades unions. . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Cited – Braganza v BP Shipping Ltd SC 18-Mar-2015
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the . .
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 . .
Mentioned – 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 – The Project Management Institute, Regina (on The Application of) v The Minister for The Cabinet Office and Others Admn 17-Jul-2014
Mitting J set out the background to Royal Charters: ‘This is, I believe, the first time that the grant or refusal of a Royal Charter has been the subject of litigation. I propose, therefore, to begin by a brief analysis of the history and nature of . .
Cited – English Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others Admn 15-Oct-2015
The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal . .
Cited – Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority CA 18-Nov-1987
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the . .
Cited – SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Cited – 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 – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Cited – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
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 . .
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 . .
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 . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative, Constitutional

Leading Case

Updated: 11 November 2021; Ref: scu.181978