Jones and Another v First Greater Western Ltd: CA 18 Mar 2014

The appellants on behalf of themselves and other members of the Bristol branch of the National Taxi Association, claimed that the introduction by the respondent First Greater Western Limited of a taxi permit scheme at the public taxi rank at Bristol Temple Meads station was unlawful. They now appealed against rejection of their claim.

Areden, Underhill, Floyd LJJ
[2014] EWCA Civ 301
Bailii
England and Wales

Licensing, Road Traffic

Updated: 01 December 2021; Ref: scu.522551

Christian Concern, Regina (on The Application of) v Secretary of State for Health and Social Care: CA 25 Sep 2020

In proceedings for judicial review the appellant challenged the ‘Approval of a Class of Places’ within the Abortion Act 1967 as amended made by the Secretary of State on 30 March 2020. This approves the ‘home of a pregnant woman’ as being a place which is authorised for the purpose of section 1 of the 1967 Act where the treatment for early medical abortion may be carried out. The Approval was made under sections 1(3) and (3A) of the 1967 Act. It is time limited until either the date when the temporary provisions of the Coronavirus Act 2020 expire or two years, whichever is the earlier.

Lady Justice Nicola Davies
[2020] EWCA Civ 1239
Bailii
Abortion Act 1967, Coronavirus Act 2020
England and Wales

Health Professions, Licensing, Health

Updated: 30 November 2021; Ref: scu.654037

British Telecommunicatons Plc v Office of Communications and Others: CA 17 Feb 2014

The appellant challenged challenged the imposition of certain conditions on its licence under the 2003 Act. The Office had acted to seek to prevent acts prejudicial to consumers.
Held: The appeal succeeded. The Office of Communications had jurisdiction under the section to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.

Arden, Aikens, Vos LJJ
[2014] EWCA Civ 133, [2014] WLR(D) 79
Bailii, WLRD
Communications Act 2003 316
England and Wales

Licensing, Consumer

Updated: 29 November 2021; Ref: scu.521297

Thompson, Regina (on the Application of) v Oxford City Council: CA 11 Feb 2014

Appeal against refusal of renewal of licence for lap dancing club.
Held: It could not be said that the reasons given were inadequate. The appeal failed.

Lord Dyson MR, Longmore, Lloyd Jones LJJ
[2014] EWCA Civ 94, [2014] 1 WLR 1811, [2014] WLR(D) 62
Bailii, WLRD
Local Government (Miscellaneous Provisions) Act 1982
England and Wales
Citing:
Appeal fromThompson, Regina (on The Application of) v Oxford City Council Admn 28-Jun-2013
This case raises issues regarding the licensing of lap-dancing clubs. . .

Lists of cited by and citing cases may be incomplete.

Licensing, Local Government

Updated: 29 November 2021; Ref: scu.521161

Thompson, Regina (on The Application of) v Oxford City Council: Admn 28 Jun 2013

This case raises issues regarding the licensing of lap-dancing clubs.

Haddon-Cave J
[2013] EWHC 1819 (Admin)
Bailii
England and Wales
Cited by:
Appeal fromThompson, Regina (on the Application of) v Oxford City Council CA 11-Feb-2014
Appeal against refusal of renewal of licence for lap dancing club.
Held: It could not be said that the reasons given were inadequate. The appeal failed. . .

Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 15 November 2021; Ref: scu.512115

Aylesbury Vale District Council, Regina (on The Application of) v Call A Cab Ltd: Admn 12 Nov 2013

The council appealed against dismissal of its prosecution of the respondent, alleging the operation of a private hire vehicle without having a current licence, ‘in a controlled district’. The respondent had denied that the necessary resolution had been effectively passed creating the ‘controlled district’ as required. The defendant had produced records from the parish council to the effect that they had not been served with the necessary notices. The Council argued that the statutory provisions read as a whole showed that the notice requirement was no more than a notification requirement. It did not incept a process of consultation, nor was it there obviously to give rise to a right of objection.
Held: ‘The District Judge was entitled, upon analysis of the minutes of the Parish Council which he had received, to infer that their record-keeping minuting, including minuting of correspondence was sufficiently detailed and thorough that the receipt of a notice would have been minuted.’ However, the statutory provisions read as a whole showed that the notice requirement was no more than a notification requirement. It did not incept a process of consultation, nor was it there obviously to give rise to a right of objection.
The District judge, having made his rulings, had not considered adequately whether the compliance was effective and substantial. The case was remitted accordingly.

Treacy LJ, Ouseley J
[2013] EWHC 3765 (Admin), [2013] WLR(D) 482
Bailii
Local Government Miscellaneous Provisions Act 1976 46, Town Police Clauses Act 1847
England and Wales
Citing:
CitedRegina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
CitedBoddington 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 . .
CitedRegina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .

Lists of cited by and citing cases may be incomplete.

Licensing, Local Government, Road Traffic

Updated: 11 November 2021; Ref: scu.519011

Hemming and Others v Westminster City Council and Others: ECJ 16 Nov 2016

Charges for processing application for licence

ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred

L. Bay Larsen, P
[2016] WLR(D) 608, [2016] EUECJ C-316/15, ECLI:EU:C:2016:879
Bailii, WLRD
Directive 2006/123/EC
European
Citing:
ReferenceHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
At CAHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster CA 24-May-2013
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It . .

Cited by:
At ECJHemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council SC 19-Jul-2017
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the . .

Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 11 November 2021; Ref: scu.571774

Transport for London v Uber London Ltd: Admn 16 Oct 2015

TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required licensing.
Held: The system was not unlawful. The fare was calculated by a system external to the smarthone, and therefore the phone was not itself a meter: ‘A device for recording time and distance is not a device for calculating a fare based on time and distance, let alone one based on more than that, including the fare structure itself, a necessary component to the calculation. The language of the statute is quite clear. The essence of a taximeter for the purpose of section 11 is that the device must be for the calculation of the fare then to be charged, based on whatever inputs are appropriate. Such a device is not simply recording and transmitting some or all of the inputs to a calculation made elsewhere, or receiving the output, that is the calculated fare. The Smartphone is not a ‘thing designed or adapted for a particular functional purpose’ namely calculating fares for the PHV; see the Shorter OED. It is not a taximeter. The Smartphone with its Driver’s App may be essential to enabling the calculation to take place but that does not make it a device for calculating fares. Nor does that warrant treating the Smartphone as part of a single device with Server 2; it simply is not.’

Ouseley J
[2015] EWHC 2918 (Admin)
Bailii
Private Hire Vehicles (London) Act 1998 11
Citing:
CitedDirector of Public Prosecutions v Ottewell HL 1968
The antecedent criminal history of an offender is a factor which may be taken into account in determining the sentence to be imposed, but it cannot be given such weight as to lead to the imposition of a penalty which is disproportionate to the . .
CitedThe Presidential Insurance Company Ltd v Resha St Hill PC 16-Aug-2012
(Trinidad and Tobago) The Board considered that when interpreting a statute certain requirements had to be met before external materials could be used. The scope for enquiry into extraneous records, following Pepper v Hart [1993] AC 593, is broadly . .
CitedRoyal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
CitedRegina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
CitedRegina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
CitedHaynes, Regina (on the application of) v Stafford Borough Council Admn 14-Jun-2006
Walker J set out the principles applicable (in this case) before making a declaration as to the criminal law. . .

Lists of cited by and citing cases may be incomplete.

Road Traffic, Licensing

Updated: 11 November 2021; Ref: scu.553501

Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others: Admn 5 Nov 2008

The applicant council complained that the respondent council was issuing a disproportionately high number of taxi licences, believing that it should only refuse a licence where the driver appeared to be unfit.
Held: The purpose of the licensing system was to ensure safety. Where taxi fleets operated substantially outside their licensing authority, the supervision necessary to ensure safety was weakened. The defendant had argued that the Acts did not give them power to refuse licences in this way, but that argument arose from a misunderstanding. The nature of the licensing system was local in character, with public safety in mind, and the local authority should therefore take into account the location where the taxi was to operate, and on this basis there was no need for the discretion which the respondent said it needed, but in any event it did have that discretion. In determining whether to grant a licence under the said section 37 a licensing authority may require an applicant to submit information pursuant to section 57 Local Government (Miscellaneous Provisions) Act 1976 in order to ascertain the intended usage of the vehicle.

Christopher Symons QC J
[2008] EWHC 2369 (Admin)
Bailii
Transport Act 1985, Government (Miscellaneous Provisions) Act 1976 46(1)(e), Town Police Clauses Act 1847 37
England and Wales
Citing:
CitedBrentwood Borough Council v Gladen Admn 28-Oct-2004
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire . .
CitedBritain v ABC Cabs (Camberley) Ltd QBD 1981
A hackney carriage had been booked, in the district where it was licensed, to pick up a fare in another district. The prosecutor said that when and where the fare was picked up the hackney carriage had no relevant private hire licence and no . .
CitedKingston Upon Hull City Council v Wilson QBD 29-Jun-1995
The grant to an individual of a hackney licence in one local authority, does not stop the grant of a similar licence elsewhere. Though the court applied the ABC case, Buxton J rejected an argument that a vehicle was not a private hire vehicle for . .
CitedHawkins v Edwards 1901
. .
CitedYates v Gates 1970
. .
CitedBenson v Boyce Admn 20-Jan-1997
‘Looking at the other subsections of section 46, the first applies to a proprietor of a vehicle who uses or permits it to be used in a controlled district as a private hire vehicle without having a licence for it as such under section 48. The phrase . .

Lists of cited by and citing cases may be incomplete.

Licensing, Transport, Local Government

Updated: 11 November 2021; Ref: scu.277550

Regina v Gaming Board for Great Britain, ex Parte Benaim: CA 23 Mar 1970

A Gaming Club, Crockfords, sought the restoration of its gaming licence. It had historically found ways of circumventing the earlier Gaming Acts restrictions. The 1968 Act created the Gaming Board to assess their probity. They challenged the refusal saying that the hearing had not observed the rules of natural justice.
Lord Denning MR said: ‘Seeing the evils that have led to this legislation, the Board can and should investigate the credentials of those who make application to them. They can and should receive information from the police in this country or abroad, who know something of them. They can, and should, receive information from any other reliable source. Much of it will be confidential. But that does not mean that the applicants are not to be given a chance of answering it. They must be given the chance, subject to this qualification? I do not think they need tell the applicant the source of their information, if that would put their informant in peril: or otherwise be contrary to the public interest. Even in a criminal trial, a witness cannot be asked who is his informer. ‘

Lord Denning MR, Wilberforce L, Phillimore LJ
[1970] EWCA Civ 7, [1970] 2 QB 417, [1970] 2 All ER 528, [1970] 2 WLR 1009
Bailii
Gaming Act 1960, Gaming Act 1963, Gaming Act 1968
England and Wales

Licensing, Natural Justice

Leading Case

Updated: 10 November 2021; Ref: scu.262770

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a breach of the European Torture Regulation.
Held: The claims failed: ‘the obligation of the United Kingdom under the Convention does not extend to securing Convention rights to these Claimants. The Claimants are US citizens convicted and sentenced by US Courts in respect of offences committed in the United States. They are being held in the United States. They face a penalty imposed in accordance of the laws of the United States which will be implemented there. They are not and never have been at any material times within the territorial jurisdiction of the United Kingdom.’ Nor could the Charter be used to extend the scope of the Convention to include the claimants.
The rubric, ‘implementing EU law’ is to be interpreted broadly and, in effect, means whenever a member state is acting ‘within the material scope of EU law’.
Lloyd Jones J said: ‘If the claimants were correct in their submission that the Charter recognises Convention Rights without the limitation imposed by art.1 ECHR, the result would be very radical indeed. Whereas States party to the Convention undertake to secure Convention rights to persons within their jurisdiction (in the sense explained in Bankovic) the Charter would confer such rights on anyone, anywhere in the world, regardless of whether they have any connection with the European Union. That such a result should be brought about without any express reference to the massive extension which was being effected would be most surprising.’

Lloyd Jones J
[2010] EWHC 3110 (Admin), [2011] ACD 33, [2011] Eu LR 315, [2011] HRLR 6
Bailii
Export Control Act 2002, EU Council Regulation 1236/2005, Export Control Order 2008, EU Export Control Order 2008, Charter of Fundamental Rights of the European Union
England and Wales
Citing:
CitedSoering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
CitedSmith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
CitedSecretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
CitedPratt and Morgan v The Attorney General for Jamaica and Another PC 2-Nov-1993
(Jamaica) A five year delay in execution is excessive, and can itself amount to inhuman or degrading punishment. ‘There is an instinctive revulsion against the prospect of hanging a man after he has been held under sentence of death for many years. . .
CitedBankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
CitedAl-Saadoon and Mufdhi v The United Kingdom ECHR 2-Mar-2009
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder.
Held: The transfer was a breach of the applicants’ rights. The Iraqis had . .
CitedMartinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .
CitedElliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas ECJ 18-Jun-1991
ellinikiECJ1991
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth . .
CitedWachauf v Bundesamt Fur Ernahrung und Forstwirtschaft ECJ 13-Jul-1989
ECJ 1. The term ‘holding’ in Article 12(d) of Council Regulation No 857/84 relating to the application of the additional levy on milk covers all the agricultural production units which are the subject of a lease, . .
CitedElliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas ECJ 18-Jun-1991
ellinikiECJ1991
National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth . .
CitedAnnibaldi v Sindaco del Comune di Guidonia and Presidente Regione Lazio ECJ 18-Dec-1997
ECJ (Judgment) Agriculture – Nature and archaeological park – Economic activity – Protection of fundamental rights- Lack of jurisdiction of the Court. . .
CitedRegina v Secretary of State for the Home Department, Ex Parte Pierson HL 21-May-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 . .
CitedRegina 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 . .
CitedNS, Regina (on The Application of) v Secretary of State for The Home Department CA 12-Jul-2010
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in . .
CitedA 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 by:
CitedThe Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .
CitedSandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 4-Feb-2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by . .
CitedSandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 22-May-2013
The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for hr appeal, and now . .

Lists of cited by and citing cases may be incomplete.

Licensing, European, Human Rights

Updated: 10 November 2021; Ref: scu.426735

The Ritz Hotel Casino Ltd v Al Daher: QBD 15 Aug 2014

The claimant sought to recover andpound;1m on unpaid cheques. The cheques represented half of the sum gambled away by the defendant in one evening. She now alleged that the claimant had not complied with its duties under the 2005 Act to act responsibly in the giving of credit. The claimant denied that its cheque cashing facility afforded to high value players amounted to the giving of credit.
Held: The Act expressly permits the giving of a cheque by the player not post-dated and for full value, though if it were found on the facts that the player signs and the casino accepts a cheque as a charade or pretence, (for example if both know that the player could not ever pay upon presentation of the cheque), the proper finding of fact, as much as in law, would be that credit was being extended or accommodation made. The 2005 Act was a liberalising Act.
The court approved counsel’s analysis of the nature of a gambling chip: ‘chips are a convenient mechanism for facilitating gambling with money. If money is deposited, and the same would apply to a cheque, it is a gratuitous deposit with liberty to the casino to draw upon when and if a debt arises. In turn, the debt does not arise until the end of the session when it is ascertained who is the winner and who is the loser as between casino and player, whereupon a debt arises from the loser to the winner. ‘ There had been no unlawful giving of credit.
The court considered what would be the effect of a finding that the arrangement had been the giving of credit.

Seys Llewellyn QC HHJ
[2014] EWHC 2847 (QB)
Bailii
Gaming Act 2005 16(2) 81
England and Wales
Citing:
CitedRegina v Knightsbridge London Crown Court ex parte Marcrest Properties Ltd CA 1983
The court was asked not to renew a gaming licence on the basis that the company was not a fit and proper person. They had a practice of repeatedly accepting cheques from persons whose previous cheques had been dishonoured, and in circumstances in . .
CitedAspinall’s Club Ltd v Al-Zayat ComC 3-Sep-2008
The claimant sought payment on a cheque in respect of gamblig debts incurred by the defendant. Teare J said: ‘The ordinary and natural meaning of credit in the context of section 16 of the Act is ‘time to pay’, in the sense of deferring or . .
CitedLipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
CitedCrockfords Club Ltd v Mehta CA 8-Jan-1992
The Defendant had gambled at the plaintiff’s casino, using cheques drawn on a company to obtain chips, all of which he lost. The cheques not having been honoured, Crockfords sued the Defendant for repayment of the loan made to him on the issue of . .
CitedParkingeye Ltd v Somerfield Stores Ltd CA 17-Oct-2012
The claimant company operated parking management for the defendant, charging customers for overparking. The defendant came to believe that the claimant’s behaviour was over-aggressive, and the use of falsehoods, and terminated the contract. The . .
ApprovedCalvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .

Lists of cited by and citing cases may be incomplete.

Licensing, Contract, News

Updated: 09 November 2021; Ref: scu.536031

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 of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined jurisdiction. The question now was whether judicial review rovided a satisfactory means of appeal.
Held: The proposal was subject to judicial review, and that remedy was sufficient to satisfy European law. ‘It is not the function of a statutory tribunal to impugn statutory instruments or regulations made pursuant to statutory powers. Challenges to these are classically matters for JR and that is so in the case of the Award.’ The European case law was neutral on this topic.

Tuckey LJ, Jacob LJ, Sir William Aldous
[2008] EWCA Civ 1373, Times 18-Dec-2008
Bailii
Supreme Court Act 1981 31, Directive 2002/21/EC (Framework Directive)
England and Wales
Citing:
CitedRegina (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 . .
CitedBegum (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 . .
CitedUnibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services) ECJ 13-Mar-2007
(Grand Chamber) Principle of judicial protection National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law Procedural autonomy Principles of equivalence and effectiveness . .
CitedUnibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services) ECJ 30-Nov-2006
CJEU Effective judicial protection of Community law rights – National rules not providing for self-standing application for annulment of national legislation conflicting with Community law – Right to interim . .
CitedMobistar SA v Institut belge des services postaux et des telecommunications (IBPT) (Approximation Of Laws) ECJ 13-Jul-2006
ECJ Telecommunications – Mobile telephony – Number portability – Per-line or per-number set-up costs for the provision of number portability – Article 30 of Directive 2002/22/EC (Universal Service Directive) – . .
CitedJB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock CA 11-Jul-2006
JB challenged his detention under the 1983 Act.
Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee. . .
CitedOffice 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 . .
CitedRegina (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 . .
CitedRegina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another HL 4-Mar-1994
The Equal Opportunities Commission sought judicial review to test whether English employment law was in breach of EC law where threshold conditionsions for part time workers to make unfair dismissal and redundancy law claims were discriminatory.
CitedConnect Austria Gesellschaft fur Telekommunikation GmbH v Telekom-Control-Kommission, intervener: Mobilkom Austria AG, ECJ 22-May-2003
Europa Telecommunications – Mobile telecommunications services – Article 5a(3) of Directive 90/387/EEC – Appeal to an independent body against a decision of the national regulatory authority – Articles 82 EC and . .
CitedBarber v Staffordshire County Council CA 29-Jan-1996
A dismissal of a claim without consideration by the tribunal created an issue estoppel. Issue estoppel rules apply equally to Industrial Tribunal decisions as elsewhere. Redundancy claim once withdrawn on one ground could not be revived on another. . .
CitedManson v Ministry of Defence CA 4-Nov-2005
. .
CitedImpact v Minister for Agriculture and Food ECJ 15-Apr-2008
ECJ Grand Chamber – Fixed-term employment – Directive 1999/70/EC – Framework agreement on fixed-term work – Abuse through use of successive fixed – term employment contracts – Civil and public servants – . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Licensing, Commercial, European

Updated: 09 November 2021; Ref: scu.278674

OSS Group Ltd, Regina (on the Application of) v Environment Agency and others: CA 28 Jun 2007

Once lubricating oil had been processed into fuel oil suitable for burning, it ceased to be waste so as to require it to be handled and stored as waste.
Held: Carnwath LJ discussed the meaning of the term ‘discards or intends . . to discard’. The use of the subjective test, while useful when examining the product in the hands of the ‘producer’ of waste, may not be apt to define the status of the material in the hands of a subsequent holder of the material for recycling or re-processing. Carnwath LJ expressed the ‘general concept’ of the discard of waste as getting rid of something which is unsuitable, unwanted or surplus to requirements.
Carnwath LJ summarised the European case law: ‘Understandably, the court has held that a material does not cease to be waste merely because it has come into the hands of someone who intends to put it to a new use. But that should not be because it still meets the Art.1(a) definition in his hands; but rather because, in accordance with the aims of the Directive, material which was originally waste needs to continue to be so treated until acceptable recovery or disposal has been achieved. Unfortunately the court has consistently declined invitations to develop workable criteria to determine that question. Instead, it continues to insist that the ”discarding” test remains applicable, even where the ”holder” is an end-user such as Epon, whose only subjective intention is to use, not to get rid of, the materials in issue . . In other words, although the Court continues to pay lip-service to the ”discarding” test, in practice it subordinates the subjective question implicit in that definition, to a series of objective indicators derived from the policy of the Directive. What is required from the national court is a value judgment on the facts of the particular case in the light of those indicators.’

Carnwath LJ, (Lord Clarke MR, Maurice Kay LJ
[2008] Env LR 8, [2007] EWCA Civ 611, Times 06-Jul-2007
Bailii
England and Wales
Cited by:
CitedEzeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
CitedEnvironment Agency v Thorn International UK Ltd Admn 2-Jul-2008
The Agency appealed by case stated against the Magistrates’ decision to acquit Thorn of keeping controlled waste contrary to section 33 of the 1990 Act. For that section ‘waste’ had the same meaning as that provided in Art 1(1)(a) of the WFD. The . .

Lists of cited by and citing cases may be incomplete.

Environment, Licensing

Updated: 02 November 2021; Ref: scu.253746

Regina (Morris) v Newport City Council: QBD 27 Nov 2009

The claimant taxi driver challenged the introduction by the defendant council of a rule that no taxi cab would be licensed if more than twelve years old or more than three years and three months if converted.
Held: The decision had failed to take account of the representations made as to the effectiveness on existing checks on roadworthiness, and the councillor driving the policy forward had a personal interest through his brother and, following flawed advice, had failed to declare that interest. A fair minded and informed observer might reasonably have concluded that the decision was biassed.

Beatson J
Times 05-Jan-2010
England and Wales

Licensing, Local Government

Updated: 02 November 2021; Ref: scu.392883

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 required, and in particular failed to advise the applicants directly.
Held: The local authority had blindly applied the results of a computer database system to guide its consultation. The results appeared bizarre, but that need not make them unlawful. The decision was quashed. The first dispute was as to whether the Council had a discretion to take account of late submissions. The Act contains a clear statutory procedure, with clear time limits for the making of an application, objections to it and for the resolution of such objections. It provides in clear terms that, subject to such representations, the grant of the application is to follow. Given this clear machinery, in exercising its functions under this Act, the Council is entitled to deal with representations made to it as licensing authority strictly as such. Subject to such representations the applicant is entitled to the grant of his application. It would be contrary to that entitlement for the machinery to be undermined by letting in late applications through a backdoor not provided for by the Act itself.
However the process was more than one of being merely courteous to neighbours: ‘the notification decided upon by the Council here was not a legal requirement, but once embarked upon it had to be carried out properly. This is all the more so in a case where the practice is clearly adopted in the light of statutory guidance to which the Council as licensing authority has to have regard. This is not to say that the notification exercise will fail because some residents have been missed, but it will fail if it obviously will not catch whole residential buildings as substantial as the one in issue here.’
As a consultation it failed to meet the standards required: ‘ The Council allowed its computer programme to dictate the notification process, even when a brief glance at the plan produced by that programme must have shown clearly that the stated wish of notifying those living in the immediate vicinity would not be achieved.’

McCombe J
[2010] EWHC 393 (Admin), [2010] 20 EG 146, [2010] PTSR (CS) 21, [2010] 2 EGLR 65, [2010] ACD 63, [2010] NPC 25
Bailii
Licensing Act 2003
England and Wales
Citing:
CitedThe British Beer and Pub Association and others v Canterbury City Council Admn 24-Jun-2005
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy.
Held: One aim of the legislation is to allow licensing authorities to provide a . .
CitedCouncil 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 . .
CitedGreenpeace Ltd, Regina (on the Application of) v Secretary of State for Trade and Industry Admn 15-Feb-2007
The claimant sought to challenge the defendant’s report on the future use of nuclear power, saying that the consultation process had been flawed.
Held: Procedural unfairness may not be so serious as to undermine the decision itself. Sullivan J . .
CitedRegina (Niazi) v Secretary of State for the Home Department CA 9-Jul-2008
The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates.
Held: The simple . .
CitedBelfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .

Lists of cited by and citing cases may be incomplete.

Licensing, Administrative

Updated: 01 November 2021; Ref: scu.401978

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably

The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a declaration that the conditions were ineffective.
Held: Parliament had given to the local authority a discretion as to the conditions for the licence. That discretion might be exercised in different ways according to honestly and reasonably held opinion. It was not the court’s job to substitute its own opinion for that of the local authority.
Greene MR said: ‘the discretion must be exercised reasonably. Now what does that mean? Lawyers familiar with the phraseology commonly used in relation to exercise of statutory discretions often use the word ‘unreasonable’ in a rather comprehensive sense. It has frequently been used and is frequently used as a general description of the things that must not be done. For instance, a person entrusted with a discretion must, so to speak, direct himself properly in law. He must call his own attention to the matters which he is bound to consider. He must exclude from his consideration matters which are irrelevant to what he has to consider. If he does not obey those rules, he may truly be said, and often is said, to be acting ‘unreasonably.’ Similarly, there may be something so absurd that no sensible person could ever dream that it lay within the powers of the authority.’ and ‘The court is entitled to investigate the action of the local authority with a view to seeing whether they have taken into account matters which they ought not to take into account, or, conversely, have refused to take into account or neglected to take into account matters which they ought to take into account. Once that question is answered in favour of the local authority, it may be still possible to say that, although the local authority have kept within the four corners of the matters which they ought to consider, they have nevertheless come to a conclusion so unreasonable that no reasonable authority could ever have come to it. In such a case, again, I think the court can interfere. The power of the court to interfere in each case is not as an appellate authority to override a decision of the local authority, but as a judicial authority which is concerned, and concerned only, to see whether the local authority have contravened the law by acting in excess of the powers which Parliament has confided in them.’

Greene MR, Somervell LJ and Singleton J
[1947] 2 All ER 680, [1948] 1 KB 223, 1947 WL 10584, (1948) 92 SJ 26, [1948] LJR 190, [1948] 45 LGR 635, (1948) 112 JP 55, 63 TLR 623, [1947] EWCA Civ 1
Bailii
Sunday Entertainments Act 1932, Cinematograph Act 1909
England and Wales
Citing:
CitedTheatre de Luxe (Halifax) LD v Gledhill KBD 1915
The company appealed a condition which had been attached to its licence to open the cinema. The condition was that ‘Children under fourteen years of age shall not be allowed to enter into or be in the licensed premises after the hour of 9 p.m. . .
CitedLondon County Council v Bermondsey Bioscope Co 1911
. .
CitedHarman v Butt 1944
A condition imposed on a cinema license not allowing children under a certain age was intra vires the Act. The licence to open on Sundays originated in a representation by the commanding officer of forces stationed in the neighbourhood.
Held: . .
CitedRex v Burnley Justices ex parte Longmore 1916
Where unreasonable conditions have been imposed on a licence, the party claiming to be aggrieved has the right to take the issue to the court. . .
CitedRex v London County Counci, ex parte London and Provincial Electric Theatres LD 1915
. .
CitedEllis v Dubowski 1921
A complaint was made that the local authority had added an unlawful condition to a licence it had granted.
Held: The illegal element which the authority had imported into the conditions imposed consisted of a delegation of their powers to the . .
CitedRoberts v Hopwood HL 1925
The district auditor for Poplar Council had surcharged council members for making payments of a minimum wage of andpound;4 a week to their lowest grade of workers. This was notwithstanding that the cost of living had fallen during the year from 176% . .

Cited by:
CitedPeregrine Fixed Income Ltd v Robinson Department Store Public Co Ltd ComC 18-May-2000
The claimant sought the determination of the court as to the interpretation of parts of a currency swap and derivatives agreement. Upon termination of the contract, it provided means to calculate the balances due between the parties, and the . .
CitedRegina v Ullah CACD 3-Nov-1999
Counsel, in a trial alleging an indecent assault, had failed to raise with the jury the contents of an illegally taped conversation between the complainant and one of her witnesses encouraging perjury.
Held: The defect in counsel’s conduct of . .
AppliedRegina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
CitedGillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
CitedRegina (Goodman and Another) v Lewisham London Borough Council CA 14-Feb-2003
Claimants challenged the grant of planning consent for the construction of a storage and distribution facility without first undertaking an environmental impact assessment.
Held: The local authority had concluded that the project could not be . .
CitedRegina 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 . .
ExplainedRegina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
CitedRegina 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: . .
CitedRegina 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 . .
CitedRegina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc CA 6-Nov-1995
A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more . .
CitedWandsworth 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 . .
CitedJoseph v Director of Public Prosecutions QBD 24-Nov-2003
The defendant had given a specimen of breath over the minimum, but below 5omg, and accordingly he was to be allowed to give a specimen of blood or urine. The choice was the officers using a wide discretion. That discretion was still to be exercised . .
CitedRegina 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 . .
CitedRegina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
CitedRegina (Chief Constable of Avon and Somerset Constabulary) v Police Appeals Tribunal QBD 2-Feb-2004
The constable was disciplined. The Police Appeals Tribunal ordered his re-instatement. The Chief constable complained that the tribunal had acted beyond its powers in not limiting itself to a review.
Held: The task of the tribunal was to . .
AppliedRegina v Norfolk County Council, ex parte M QBD 1989
The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released . .
CitedOffice 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 . .
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .
AppliedRegina v Secretary of State for Trade, Ex parte Anderson Strathclyde Plc QBD 1983
A proposed takeover had been referred to the Monopolies and Mergers Commission under the 1973 Act. A majority of the Commission recommended against the takeover. The Deputy (acting instead of the Secretary who had an interest) overruled the . .
CitedHall v London Borough of Wandsworth CA 17-Dec-2004
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been . .
CitedCalgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
CitedRegina v Secretary of State ex parte Khan CA 4-Apr-1984
The Secretary of State had refused an entry clearance for a child to be allowed into the United Kingdom for the purpose of adoption by the applicant, but had done so upon grounds nowhere mentioned in a Home Office circular letter apparently setting . .
ExplainedRegina v Her Majesty’s Coroner for Exeter and East Devon ex parte Palmer CA 10-Dec-1997
The deceased died in Dartmoor prison. He had been held in seclusion. When visited he was said to have attacked the guards. He was restrained until a body belt could be brought. The period of restraint exceeded the maximum recommended, and the . .
CitedLymington Marina Ltd v MacNamara and others ChD 4-Apr-2006
The claimant marina had been constructed with financial assistance from debenture holders who in return were given low cost licences. The claimant sought to refuse to the defendant debenture holders the right to sub-licence their rights to berth . .
CitedBancoult, 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 . .
CitedDr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
CitedBradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 21-Feb-2007
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid.
Held: The court should not rely on . .
CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
CitedHuang 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 . .
CitedSomerville 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; . .
CitedLondon Borough of Wandsworth v Allison CA 15-Apr-2008
The claimant had applied for emergency housing, saying that he had suffered a deep vein thrombosis, and was vulnerable under the 1996 Act. The authority said that its finding that the VT would not put him at additional risk if homeless, was one of . .
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
CitedCastorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
CitedTesco Stores Ltd v Secretary of State for the Environment and Others HL 11-May-1995
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for . .
CitedWheeler 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 . .
CitedCentral Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
CitedLumba (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 . .
CitedRegina (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 . .
CitedFitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
fitzpatrick_compolQBD2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
CitedPadda v Regina CACD 12-Dec-2013
The defendant had been convicted of supplying drugs, had had a confiscation made and had paid out under it. The prosecution sought a restraint order pending re-assessment. A further confiscation order was made. The defendant appealed, saying that . .
CitedRegina v Johal CACD 19-Apr-2013
The defendant appealed against a confiscation order made on his conviction for possession of a Class B controlled drug. There had been considerable delays in the completion of the process, and it had exceeded the two year limit. The appellant argued . .
AppliedCVG Siderurgicia del Orinoco SA v London Steamship Owners’ Mutual Insurance Association Limited ‘The Vainqueur Jose’ 1979
The plaintiff sought to claim under the rules of the P and I club of which it was a member. After defining the risks in respect of which members were to be indemnified, the rules made the following proviso in Rule 8(k): ‘A member shall at the . .
CitedYoussef 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 . .
CitedAberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited SC 25-Oct-2017
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development.
Held: The appeal failed. . .

Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review, Licensing, Local Government

Leading Case

Updated: 01 November 2021; Ref: scu.179730

Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 14 Nov 2013

ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality – Charter of Fundamental Rights

C-390/12, [2013] EUECJ C-390/12
Bailii
European
Cited by:
OpinionRobert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner ECJ 30-Apr-2014
ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to . .

Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 02 November 2021; Ref: scu.517796

Monarch Airlines Ltd v Airport Coordination Ltd and Another: Admn 15 Nov 2017

The court was asked whether the defendant, Airport Co-ordination Limited, is under a duty to allocate slots at certain United Kingdom airports for the summer 2018 season to the insolvent Monarch Airlines Limited.

Gross LJ, Lewis J
[2017] EWHC 2896 (Admin)
Bailii
England and Wales
Cited by:
Appeal fromMonarch Airlines Ltd, Regina (on The Application of) v Airport Coordination Ltd CA 22-Nov-2017
. .

Lists of cited by and citing cases may be incomplete.

Transport, Licensing

Updated: 01 November 2021; Ref: scu.599415

DHL International (UK) Ltd, Regina (on the application of) v The Office of Communications: Admn 4 May 2016

The claimant, an international door to door courier, challenged service on it of an information request under the 2011 Act, saying that it was not a postal operator subject to the Act.
Held: The challenge failed. OFCOM’s policy was properly reached and applied, and since the policy itself had not been challenged the principle of regularity applied to validate the notice.

Soole J
[2016] EWHC 938 (Admin), [2016] WLR(D) 232
Bailii, Jiudiciary, WLRD
Postal Services Act 2011
England and Wales

Utilities, Licensing

Updated: 01 November 2021; Ref: scu.563178

Broads Authority v Fry: Admn 5 Nov 2015

The Authority brought an appeal by way of case stated, the regulatory authority for the Norfolk and Suffolk Broads, concerning the effect of changes in the statutory regime as a result of the 2009 Act 2009. The particular issue concerns the liability of the owner of a vessel to pay tolls to the Broads Authority in respect of a vessel moored outside the navigation area of the Broads. The vessel is moored at a private mooring on waters which qualify as ‘adjacent waters’ because a vessel may be navigated into the navigation area from it.

Beatson LJ, Mitting J
[2015] EWHC B27 (Admin)
Bailii
Broads Authority Act 2009
England and Wales

Transport

Updated: 01 November 2021; Ref: scu.562471

Ferguson v Weaving: KBD 1951

Aiding and Abetting Needs Knowledge of Offence

The prosecutor appealed after dismissal of the allegation that the respondent licensee landlord had aided and abetted the manager’s serving of drink outside licensing hours. The defendant had not known of the offence or been present when the glasses had not been collected.
Held: The prosecutor’s appeal failed. A person who aids or abets the principal offence, sometimes referred to as an accessory at the fact (and in felony cases as the principal in the second degree), is one who is present and, by way of actus reus, renders assistance or encouragement to the principal in the commission of the offence. A person who counsels or procures an offence (referred to also as an accessory before the fact) is not present but provides assistance or encouragement prior to the commission of the offence.
Where the prosecution are unsure of the precise role played by the accused it is permissible to allege aiding, abetting, counselling or procuring in the alternative in one count.
Lord Goddard CJ in delivering the judgment of the Court said:[22]
‘That all these words may be used together to charge a person who is alleged to have participated in an offence otherwise than as a principal in the first degree was established by In Re Smith 3 H and N 227.’

Lord Goddard CJ
115 JP 142, [1951] 1 KB 814, [1951] 1 All ER 412
England and Wales

Crime, Licensing

Leading Case

Updated: 01 November 2021; Ref: scu.655555

Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007

Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. The right to vend pornography is not the most important right of free expression in a democratic society and the licensing system does not prohibit anyone from exercising it. It only prevents him from using unlicensed premises for that purpose.’ The council was entitled to take into account late objections when deciding on the licence, but a court is likely to treat with greater respect a justification for a policy which was carefully thought through by reference to the relevant principles at the time when it was adopted.
Lord Neuberger of Abbotsbury said: ‘If an objection which revealed to a council for the first time certain highly relevant information was received one day late, it would be a little short of absurd if it could not be taken into account. It might reveal, for instance, that a family with a large number of small children had moved into the flat above the subject property, or that the applicant had a string of relevant convictions. In such cases, it would be contrary to the purpose of the 1985 Order, and to the public interest generally, if the council was obliged to ignore the information. Furthermore, it would be the duty of council officers to open and read any letter received; such an officer would be placed in an impossible situation if she or he had read a late letter of objection, with new and important information, but was effectively precluded from communicating this information to Council members.’
Baroness Hale explained that: ‘The role of the court in human rights adjudication is quite different from the role of the court in an ordinary judicial review of administrative action. In human rights adjudication, the court is concerned with whether the human rights of the claimant have in fact been infringed, not with whether the administrative decision-maker properly took them into account.’

Lord Hoffmann, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury
[2007] 1 WLR 1420, [2007] UKHL 19, Times 01-May-2007, [2007] 3 All ER 1007
Bailii
Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 No 1208 (NI 15), European Convention on Human Rights 10
Northern Ireland
Citing:
CitedQuietlynn Ltd v Plymouth City Council QBD 1987
A company operated sex shops in Plymouth under transitional provisions which allowed them to do so until their application for a licence under the scheme introduced by the Act had been ‘determined.’ The local authority refused the application. The . .
At first instanceMisbehavin’ Ltd, Re Application for Judicial Review QBNI 24-Sep-2004
. .
CitedBegum (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 . .
Appeal fromMisbehavin’ Ltd, Re an Application for Judicial Review CANI 15-Sep-2005
Appeal from a decision dismissing the appellant’s application for judicial review of Belfast City Council’s refusal to grant the appellant’s application for a sex establishment licence in respect of premises at Gresham Street, Belfast. . .
CitedUK Waste Management Ltd, Re Application for Judicial Review CANI 25-Jan-2002
. .
CitedHuang 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 . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .

Cited by:
CitedOfulue and Another v Bossert CA 29-Jan-2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedSecretary of State for the Home Department v Nasseri HL 6-May-2009
The applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be . .
CitedCentral Bedfordshire Council v Housing Action Zone Ltd, Taylor and Others; Secretary of State for Communities and Local Government intervening CA 23-Jun-2009
The authority had granted a lease to a housing society who had in turn granted the occupants’ leases. A successor then revoked the head lease. The occupiers appealed against possession orders, saying that they had come to acquire article 8 rights in . .
CitedAlbert 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 . .
CitedGaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
CitedHall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedO’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
CitedBirks, 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 . .
CitedLord 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 . .
CitedBrewster, Re Application for Judicial Review (Northern Ireland) SC 8-Feb-2017
Survivor of unmarried partner entitled to pension
The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not . .
CitedTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Licensing

Updated: 31 October 2021; Ref: scu.251483

Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster: CA 24 May 2013

The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It also said that the council had failed, as it was required to do, to set the fee each year. The Council now appealed against a finding against it.
Held: The LA’s appeal succeeded, except as to the basis on which restitution was to be made. The council was not entitled to levy the (considerably larger) parts of the actual charges which related to the costs of enforcing the scheme against non-licence holders.

Lord Dyson MR, Black, Beatson LJJ
[2013] EWCA Civ 591, [2013] WLR(D) 203, [2013] PTSR 1377, [2013] PTSR 1377
Bailii, WLRD
Provision of Services Regulations 2009, Directive 2006/123/EC on Services in the Internal Market
England and Wales
Citing:
CitedRegina v Birmingham City Council ex parte Quietlynn Ltd 1985
The court held that on the failure of an application for a licence for a sex establishment, that part of the licence fee paid which related to the management of the supervisory regime rather than the cost of administering the application alone . .
CitedRegina v Westminster City Council, ex parte Hutton 1985
H challenged the fee set for applying for a livence to operate a sex shop. The administrative costs on which the fee was based in the year in question included a sum representing the supposed shortfall in fee income against administrative costs in . .
CitedRegina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
CitedWaikato Regional Airport Ltd and others v Attorney General PC 30-Jun-2003
PC New Zealand . .
Appeal fromHemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council Admn 16-May-2012
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the . .

Cited by:
Appeal fromHemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council SC 29-Apr-2015
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring . .
At CAHemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council SC 19-Jul-2017
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the . .
At CAHemming and Others v Westminster City Council and Others ECJ 16-Nov-2016
Charges for processing application for licence
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred . .

Lists of cited by and citing cases may be incomplete.

Licensing, Costs

Updated: 31 October 2021; Ref: scu.510074

Prasannan v Royal Borough of Kensington and Chelsea: Admn 25 Feb 2010

The appellant challenged an order to pay costs summarily assessed at andpound;20,000.
Held: The order was not a penalty and was within the discretion of the district judge. The appeal failed.
[2010] EWHC 319 (Admin)
Bailii
England and Wales
Citing:
CitedRegina v Highgate Justices ex parte Petrou QBD 1954
The Appellant was the owner of premises which she let to another party for use as a club. The other party was charged with 10 offences relating to the supply of liquor at the premises and the Appellant was joined to show cause why the club should . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.401867

New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Oct 2010

The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to students from abroad, those who come from countries other than the European Community.
Cranston J
[2010] EWHC 2701 (Admin)
Bailii
England and Wales
Cited by:
See AlsoNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 7-Apr-2011
The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses. . .
Appeal fromNew London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
At first instanceNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.434933

New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 7 Apr 2011

The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses.
Wyn Williams J
[2011] EWHC 856 (Admin)
Bailii
Immigration Act 1971
England and Wales
Citing:
CitedEnglish UK Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 9-Jul-2010
Foskett J interpreted Pankina: ‘The Court of Appeal held that the revised criterion could not be put in place by virtue of a process of issuing guidance. The ratio of the decision appears to me to be that a provision that reflects a substantive . .
CitedSecretary 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 . .
CitedAlvi, Regina (on The Application of) v Secretary of State for The Home Department Admn 25-Oct-2010
The claimant, a 32 year old Pakistani national, had been refused leave to remain as a Tier 2 (General) Migrant worker. He had worked as a physiotherapy assistant, and said that this should have entitled him to 50 points under the assessment system. . .
CitedJoint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department Admn 17-Dec-2010
The claimants challenged the imposition by the defendant of interim limits on (1) the number of applicants for entry clearance who may be issued with visas under Tier 1 (General) of the Points based system (PBS); and (2) the number of certificates . .
See AlsoNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 19-Oct-2010
The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to . .

Cited by:
Appeal fromNew London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
CitedManchester College of Accountancy and Management, Regina (on The Application of) v Secretary of State for The Home Department Admn 1-Mar-2013
The college appealed against the revocation of its Tier 4 General (Student) Sponsor Licence.
Held: The challenge failed: ‘the Defendant was entitled on the evidence to conclude that the Claimant was not properly monitoring its students’ . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.431860

Stewart v Perth and Kinross Council: HL 1 Apr 2004

The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a court should be reluctant to interfere in the exercise of a statutory discretion, that discretion must not be exercised for a non-statutory purpose. The purpose was to prevent crime, not to regulate arrangements between a licensee and his customers. ‘The practice of Parliament is to provide for the protection of consumers by means of primary legislation which can be applied uniformly across the country. It is not its practice to delegate powers to legislate in this area to individual local authorities.’ Even if the conditions would not be incorporated into any contract with the consumer, the statements required would amount to representations.
Lord Hope of Craighead, Lord Steyn, Lord Rodger of Earlsferry, Baroness Hale of Richmond and Lord Carswell
[2004] UKHL 16, Times 06-Apr-2004, [2004] 28 SLLP 32, 2004 SCLR 849, 2004 GWD 12-273, 2004 SLT 383
House of Lords, Bailii
Civic Government (Scotland) Act 1982, Sale of Goods Act 1979 13
Scotland
Citing:
Appeal fromDouglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
. .
CitedRogers v Parish (Scarborough) Ltd CA 1987
The plaintiff appealed against rejection of his claim that the car he had bought from the defendant was not of merchantable quality. The goods were a Range Rover bought for a sum in excess of andpound;14,000.
Held: The appeal was allowed. . .
CitedHeilbut Symons and Co v Buckleton HL 11-Nov-1912
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing . .
CitedBartlett v Sidney Marcus Ltd 1965
A dealer will be bound by the implied condition in section 14(3) that a vehicle sold will be reasonably fit for the purpose as a vehicle to drive along the road. . .
CitedEastern Marine Services (and Supplies) Ltd v Dickson Motors Ltd 1981
The pursuer agreed to purchase a second-hand car from a car dealer on the basis of an assurance that the mileage shown on the odometer was genuine. It was alleged that this assurance was false and that the pursuers were entitled to damages. The . .
CitedTwomax Ltd v Dickson, McFarlane and Robinson 1982
. .
CitedKruse v Johnson QBD 16-May-1898
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge . .
CitedSpook Erection Ltd v City of Edinburgh District Council ScSf 1995
. .
CitedRossi v Magistrates of Edinburgh HL 1904
Conditions in an ice-cream vendors’ licence which restricted their right to open their shops when they liked and sell what they pleased were held to be ultra vires of the licensing authority. The court applied the rule that while the legislature may . .
CitedMixnams Properties Ltd v Chertsey Urban District Council HL 1965
The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee’s powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends . .
CitedNicol v Magistrates of Aberdeen 1870
A very strong case is required before a court could intefere with the exercise of a statutory discretion given to a local authority in a matter affecting the community. . .
CitedDa Prato v Magistrates of Partick IHCS 1907
. .
CitedPyx Granite Co Ltd v Minister of Housing and Local Government CA 1958
Pyx Granite had the right to quarry in two areas of the Malvern Hills. The company required permission to break fresh surface on one of the sites.
Held: Conditions attached to the planning permission relating to such matters as the times when . .
CitedReid v Mini-Cabs SCS 1966
The general aim of regulations imposed by local authorities on traders was to ensure the good conduct and efficiency of the various trades and activities for the benefit and protection of the citizens in the burgh. . .
CitedGrampian Regional Council v Secretary of State for Scotland HL 1983
The House endorsed the practice of imposing negative conditions in planning consents, upholding the validity of a condition that the development of the site could not commence until the road on the western boundary of the site had been closed by a . .
CitedHyslop v Shirlaw 1905
. .
CitedDick Bentley Productions Ltd v Harold Smith (Motors) Ltd CA 3-Mar-1965
When a person gives a promise or an assurance to another, intending that he should act on it by entering into a contract, and he does act on it by entering into the contract, it is binding.
Lord Denning MR said of a collateral warranty: . .

Cited by:
Appealed toDouglas Stewart v Perth and Kinross Council for Judicial Review IHCS 1-Oct-2002
. .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.195057

Renaissance Accountancy Services Ltd v Revenue and Customs: FTTTx 25 Jan 2012

MONEY LAUNDERING REGULATIONS 2007 – Penalty for failure by accountant to register under Regulations (reg 32(4)) – Whether the person ‘took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with’ (reg 42(2)) – Appeal dismissed
[2012] UKFTT 83 (TC)
Bailii
England and Wales

Updated: 25 September 2021; Ref: scu.450829

Regina v Basildon District Council, ex parte Brown: CA 1981

The status of a market was not relevant to the crucial question whether the stallholder’s licence had been validly terminated. The exercise of the powers by the local authority must be governed by the same principles whether in relation to a statutory market or an unofficial market managed by the local authority in the interests of the local community.
Templeman LJ
(1981) 79 LGR 655
England and Wales
Cited by:
AppliedRegina v Wear Valley District Council, ex p Binks 1985
The applicant operated a hot food takeaway caravan from a market place. She had no written licence, operating under an informal arrangement with the local authority. Her rights were terminated without notice.
Held: The decision was quashed. It . .
CitedHampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .

Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.185800

Regina v Cotham: QBD 30 Apr 1898

By 9 Geo. 4, c. 61, s. 4, licensing justices at special transfer sessions have power to license persons, ‘ intending to keep inns theretofore kept by other persons being about to remove from such inns/’ to sell exciseable liquors by retail. Justices, acting under that section, granted a licence by way of transfer from a person who was not and had not been in occupation of the premises in respect of which he held it, and no exciseable liquors had been sold upon those premises for many years.
Held: that as the justices had disregarded the provisions of the statute giving them jurisdiction, and must have acted upon some considerations altogether outside that statute, they had not heard and determined the matter according to law, and that a mandamus ought to go commanding them so to hear and determine it.
To obtain an order of mandamus, the applicant must show that he has a sufficient interest.
Matters ‘absolutely apart from the matters which by law ought to be taken into consideration’ must be ignored.
Kennedy J. noted the distinction between, on the one hand, disregarding the provisions of a statute and considering matters which ought not to be considered and, on the other hand, what he called ‘a mere misconstruction of an Act of Parliament.’
Kennedy J
[1898] 1 QB 802
Commonlii
England and Wales

Updated: 09 September 2021; Ref: scu.258764

Commission v Gerot Pharmazeutika (Order): ECJ 11 Apr 2001

Europa Withdrawal of marketing authorisations for medicinal products for human use containing the substance ‘phentermine’ – Urgency – Balancing of interests.
C-479/00
Second Directive 75/319/EEC
European
Citing:
See AlsoGerot Pharmazeutika v Commission ECFI 31-Oct-2000
(Order) . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.162813

Generics and Harris Pharmaceuticals v Smith Kline and French Laboratories: ECJ 27 Oct 1992

When deciding upon the terms upon which licenses for the use of patented drugs are to be granted, a member state must not take into account issues other than those properly involved in such decisions. Protection of existing licences were not a proper consideration, and operated unlawfully to restrict trade.
Europa 1. Articles 30 and 36 of the Treaty must be interpreted as precluding the authorities of Member States competent to settle, in the absence of agreement, the terms of licences of right from relying upon provisions of national legislation in order to refuse the licensee of right authorization to import the patented product from non-member countries where the proprietor of the patent manufactures the product within the national territory and in order to grant such authorization where the proprietor of the patent works his patent by importing the product from other Member States of the Community. Such a practice is discriminatory because it encourages proprietors of patents to manufacture patented products within the national territory rather than to import them from other Member States and does not correspond to any requirement for the safeguarding of rights constituting the specific subject-matter of the industrial and commercial property. 2. Articles 47 and 209 of the Act of Accession of 1985, according to which the holder (or his beneficiary) of a patent for a pharmaceutical product filed in a Member State at a time when a product patent could not be obtained in Spain or Portugal for that product may rely upon the rights granted by the patent in order to prevent the import and marketing of that product in the existing Member State or States where that product enjoys patent protection, even if that product was put on the market in Spain or Portugal for the first time by him or with his consent, must be interpreted to the effect that the authorities of the Member States competent to settle, in the absence of agreement, the conditions of licences of right may, on the basis of those provisions and in derogation from the principles laid down by Articles 30 and 36 of the Treaty, prohibit the licensee from importing from Spain and Portugal a patented pharmaceutical product if national law confers upon the proprietor of the patent the right to prevent imports and if the proprietor exercises the right conferred upon him by Articles 47 and 209.
Times 08-Dec-1992, [1992] ECR I-5335, C-191/90, [1992] EUECJ C-191/90
Bailii
Patents Act 1977 46
European
Cited by:
CitedOracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .

Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.160508

Regina v Licensing Authority Established by the Medicines Act 1968 (Acting by the Medicine Control Agency) Ex P Generics (Uk) Ltd (Er Squibb and Sons Ltd, Intervening Etc: ECJ 3 Dec 1998

When assessing a medicinal product for licensing under the abridged procedure the Authority must consider its essential similarity with a product licensed for ten years, of the same constitution both as to structure and proportions and with bio-equivalence.
Times 04-Jan-1999, C-368/96, [1998] EUECJ C-368/96
Bailii
ECTreaty art 177
European

Updated: 24 August 2021; Ref: scu.161988

Carter v Bradbeer: HL 1975

The House considered the definition of a ‘bar’ and the area to which a special hours certificate applied.
Held: The appellant’s conviction for selling intoxicating liquor after prescribed hours was upheld as the sale took place in an area not in accordance with the terms of the special hours certificate and the sale of the alcohol in that area was not ancillary to the provision of music and dancing and substantial refreshment.
Viscount Dilhorne said: ‘These provisions show that it was Parliament’s intention to secure that the sale of intoxicating liquor under a special hours certificate should always be ancillary to music and dancing, and that premises to which a special hours certificate applied should not be what was called in argument a ‘late night pub.”
Lord Diplock said that the inherent flexibility of the English language may make it necessary for an interpreter to have recourse to a variety of aids, and ‘Although the term ‘purposive construction’ is not new, its entry into fashion betokens a swing by the appellate courts away from literal construction. Lord Diplock said in 1975: ‘If one looks back to the actual decisions of [the House of Lords] on questions of statutory construction over the last 30 years one cannot fail to be struck by the evidence of a trend away from the purely literal towards the purposive construction of statutory provisions.’
Viscount Dilhorne, Lord Diplock
[1975] 1 WLR 1204
Licensing Act 1964
England and Wales
Citing:
Appeal fromCarter v Bradbeer QBD 1975
Sales of alcohol had taken place at a bar within the meaning of section 76(5).
Held: Widgery LCJ said: ‘I think it must be remembered that the consumption of liquor in the special hours period, for want of a better phrase, is liquor which is . .

Cited by:
CitedLuminar Leisure Ltd v Norwich Crown Court Admn 3-Oct-2003
The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours.
Held: The purpose of the licensee must be that the . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.186579

Reading Festival Ltd v West Yorkshire Police Authority: CA 3 May 2006

The organisers of a music festival in Leeds appealed a decision that they were liable to pay in full a bill from the police for additional services in policing the festival.
Held: The organisers appeal succeeded. Whilst it was a matter for the police how they felt that the festival needed to be policed, the organiser was not to be put in an all or nothing position. Though the section did not speak of a contract, some agreement from the organiser would normally be required before he could be made liable. There was insufficent evidence of a request from the organisers for the services provided.
Scott Baker LJ said that section 25: ‘is an enabling section. That is, it enables the police to do that which the common law already said they could do. For my part, I do not think section 15 (1) added anything to or altered the common law position except possibly to clarify that the police authority has the last word on the scale of charges.’
The Hon Mr Justice Neuberger The Honourable Mr Justice Jacob Lord Justice Scott Baker
Times 15-May-2006, [2006] EWCA Civ 524, [2006] 1 WLR 2005
Bailii
Police Act 1996 25
England and Wales
Citing:
CitedHarris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
CitedGlasbrook Brothers Limited v Glamorgan County Council HL 1925
A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to . .

Cited by:
CitedGreater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
CitedGreater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.241444

Robert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner: ECJ 30 Apr 2014

ECJ Article 56 TFUE – Freedom to provide services – Charter of Fundamental Rights of the European Union – Articles 15 to 17, 47 and 50 – Freedom to choose an occupation, right to engage in work, freedom to conduct a business, right to property, right to an effective remedy and access to an impartial tribunal, ne bis in idem principle – Article 51 – Scope – Implementation of European Union law – Games of chance – Restrictive legislation of a Member State – Administrative and criminal penalties – Overriding reasons in the public interest – Proportionality
M Ilesic P
ECLI:EU:C:2014:281, [2014] EUECJ C-390/12
Bailii
Charter of Fundamental Rights of the European Union 15 16 17 50, TFUE 56
European
Citing:
OpinionRobert Pfleger, Mladen Vucicevic, Maroxx Software Gmbh, Ing. Hans-Jorg Zehetner ECJ 14-Nov-2013
ECJ Article 56 TFEU – Freedom to provide services – Games of chance – Legislation prohibiting the provision of gaming machines without a licence – Limited number of licences – Criminal penalties – Proportionality . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.583966

Politano C-225/15: ECJ 16 Jun 2016

ECJ (Advocate Generals Opinion) Preliminary reference – Article 49 TFEU – Freedom of establishment – Principles of equivalence and effectiveness – Gambling – Restrictions – Conditions of participation in the tender and evaluation of the economic and financial capacity – tenderer Exclusion for failure to submit financial and economic capacity certificates issued by two banks – overriding reasons in the general interest – Proportionality – Applicability of Article 47 of Directive 2004/18 / EC
Mr Wahl Nils AG
[2016] EUECJ C-225/15 – O
Bailii
European
Cited by:
OpinionPolitano C-225/15 ECJ 8-Sep-2016
ECJ (Judgment) Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Betting and gambling – Restrictions – Overriding reasons of public interest – Proportionality – Public procurement . .

These lists may be incomplete.
Updated: 14 July 2021; Ref: scu.569039

Regina v Stafford Crown Court ex parte Shipley: Admn 16 Dec 1996

[1996] EWHC Admin 370
Licensing Act 1964 77
England and Wales
Cited by:
Appeal fromRegina v Stafford Crown Court ex parte Shipley CA 12-Dec-1997
The issue of a special hours certificate overrode the normal license during the entire period of the special hours granted; The Justices might also state the starting time for the special hours certificate. ‘at all times when the special hours . .

These lists may be incomplete.
Updated: 02 July 2021; Ref: scu.136918

Grierson, Regina (on the Application Of) v Atlantic Broadcasting Ltd and others: Admn 26 Aug 2005

The claimant sought leave to challenge the decision of the Radio Licensing Authority to grant a radio station licence to the defendant.
Held: As a minority shareholder in one of the competing companies, he did not have sufficient standing to make a complaint.
[2005] EWHC 1899 (Admin), [2005] EMLR 868
Bailii
England and Wales
Citing:
CitedDurayappah v Fernando PC 1967
An order had been made by a minister that the council of a local authority be dissolved. The council did not seek to challenge the order, but the appellant, the mayor, brought proceedings in his individual capacity to challenge the minister’s . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.229748

Rockware Glass Ltd, Regina (on the Application of) v Quinn Glass Ltd and Another: CA 15 Jun 2006

Challenge to terms of Integrated Pollution Prevention and Control permit
[2006] EWCA Civ 992, [2007] Env LR 3, [2007] JPL 217
Bailii
England and Wales
Citing:
Appeal fromRockware Glass Ltd, Regina (on the Application of) v Chester City Council and Another Admn 24-Oct-2005
. .

Cited by:
CitedEdwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .

These lists may be incomplete.
Updated: 01 June 2021; Ref: scu.270180

ABC Ltd and Another v HM Revenue and Customs: CA 7 Jul 2017

Temporary approval pending appeal was preferred

The company challenged refusal of fit and proper approval for registration as wholesaler of duty paid alcohol.
Held: The appeals were allowed in part. HMRC, having once concluded that the applicant was not fit and proper was not free to approve them pending their appeal. Better was a temporary approval under the 1979 Act
Patten, King, Burnett LJJ
[2017] EWCA Civ 956, [2017] WLR(D) 463, [2018] 1 WLR 1205
Bailii, WLRD
Alcoholic Liquor Duties Act 1979 88C, Commissioners of Revenue and Customs Act 2005 9
England and Wales
Cited by:
Appeal fromOWD Ltd (T/A Birmingham Cash and Carry) and Another v Revenue and Customs SC 19-Jun-2019
. .
CitedJJ Management Consulting Llp and Others v Revenue and Customs CA 22-Jun-2020
HMRC has power to conduct informal investigation
The taxpayer, resident here, but with substantial oversea business interests, challenged the conduct of an informal investigation of his businesses under the 2005 Act, saying that HMRC, as a creature of statute, are only permitted to do that which . .

These lists may be incomplete.
Updated: 01 June 2021; Ref: scu.588986

William Hill Organisation Ltd and Another, Regina (on The Application of) v The Horserace Betting Levy Board and Others: CA 3 May 2013

The court was asked whether business customers of betting exchanges may be required to pay a horse race betting levy. If they are bookmakers within the meaning of the Betting, Gaming and Lotteries Act 1963, then the Horserace Betting Levy Board, the respondent, is entitled to impose a levy on them. Customers of a betting exchange will fall within the statutory definition of a bookmaker if they carry on the business of ‘receiving or negotiating bets’.
Maurice Kay, Moses, Davis LJJ
[2013] EWCA Civ 487, [2013] 3 All ER 297, [2013] 1 WLR 3656, [2013] WLR(D) 174
Bailii, WLRD
Betting, Gaming and Lotteries Act 1963
England and Wales

Updated: 01 June 2021; Ref: scu.495182

Sheffield City Council v Ali: Admn 7 Jul 2005

The taxi driver had been acquitted for making a false statement to support his application. The magistrates had found that the form he had been requested to use had not been approved properly by the authority. It was accepted that the information, as to previous convictions, could properly have been asked of him.
Held: The information requested was plainly within the scope of an officer to whom this task had been delegated, and the authority’s appeal succeeded.
[2005] EWHC 1613 (Admin)
Bailii
Local Government (Miscellaneous Provisions) Act 1976 57(3), Local Government Act 1972 101
England and Wales
Citing:
CitedRegina (on the Application of the Chief Constable of the West Midlands Police) v Birmingham Justices Admn 30-May-2002
The Chief Constable applied for anti-social behaviour orders, but the applications were made by his officers under purported delegated powers. The district judge rejected the applications saying that the power to make such an application could not . .
CitedCarltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .

These lists may be incomplete.
Updated: 21 May 2021; Ref: scu.229310

Zoolife International Ltd, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 17 Dec 2007

Silber J reviewed the authorities which consider the question of whether courts should entertain claims for relief in which the claimants have no interest.
Held: Academic issues cannot and should not be determined by courts unless there are exceptional circumstances such as where two conditions are satisfied in the type of application now before the courts. On the facts there were factors some of which were overlapping and which individually or cumulatively indicated that the claim should not be heard as it was academic. First, any decision on the facts of that case would be fact-sensitive; second since the duties of the claimants were not the same in the instant case and in all other potential cases the result in the instant case would not necessarily be the same in any other cases; third there was no certainty or even probability that other claims would be brought; fourth if there were subsequent claims other parties might wish to adduce evidence so that the court on a subsequent occasion would have to consider different material; fifth because any decision in the instant case would depend on assumed facts it would be unlikely to be determinative or of any value in subsequent proceedings; sixth because the factual situation in a subsequent case might be different a decision on the instant case would not constitute a precedent for future applications; seventh not all interested parties had been served with details of the amended claim; and eighth that the claim in that case was an academic one and there was, in the words of Lord Slynn in Salem no ‘good reason in the public interest’ for it to be determined by him.
However, it was desirable if not necessary gtto resolve the outstanding issues in case he was wrong on the academic issue and also because it might well be necessary for him to come to conclusions on the other issues when dealing with the question of costs.
Silber J
[2007] EWHC 2995 (Admin), [2008] ACD 44
Bailii
England and Wales

Updated: 19 May 2021; Ref: scu.262876

Nicholds and others v Security Industry Authority: Admn 19 Jul 2006

Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions.
Kenneth Parker QC J
[2006] EWHC Admin 1792, [2006] EWHC 1792 (Admin), [2007] 1 WLR 2067, [2007] ICR 1076
Bailii
Private Security Industry Act 2001, European Convention on Human Rights
England and Wales
Cited by:
CitedSecurity Industry Authority v Stewart and Sansara Admn 17-Oct-2007
Various parties challenged the granting and withholding of licenses to operate as door supervisors (bouncers). The SIA regulated the grant of licences, and published criteria for their grant. It had been said that the inclusing of very minor . .
CitedMurungaru v Secretary of State for the Home Department and others CA 12-Sep-2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to . .

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.263474

Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Rhone Poulenc Rorer Limited; May and Baker Limited: Admn 23 Dec 1997

The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical products, pending resolution of the issue by the European Court. Licences had been granted for certain products, which the manufacturers considered to be superceded. This was an interim application. It first fell to be decided whether there was a serious issue to be tried. There was. Next would the damage be payable in damages. In this case no action would lie against the state, and losses would be irrecoverable. The balance of convenience lay in granting the injunction and to require suspension of the licences.
Laws J
[1997] EWHC Admin 1176
Bailii
Medicines Act 1968, Council Directive 65/65/EEC of 26 January 1965 for the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products,, Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 (SI 1994/3144)
England and Wales
Citing:
AppliedRegina v H M Treasury ex parte British Telecommunications Plc ECJ 1994
. .

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.138121

Solvent Resource Management Ltd v Environment Agency: Admn 30 Nov 2006

‘in what circumstances does or can material, which has become waste or derives from waste, cease to be waste if it is to be burnt as fuel: and, in particular, whether it can or does cease to be waste when a prior process is carried out for the purpose of rendering it safe to be burnt as fuel, or whether it only so ceases when it is so burnt. ‘
[2006] EWHC 3023 (Admin)
Bailii
England and Wales

Updated: 10 May 2021; Ref: scu.246758

Regina v Cambridge City Council, Ex Parte Lane: CA 3 Sep 1998

A trishaw was properly a form of hackney carriage, not a ‘stage coach,’ and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a ‘cross between a rickshaw and a bicycle and a tricycle. Like a tricycle, it has three wheels; a single front wheel and two rear wheels. Over the rear wheels, a compartment in which the passengers may sit is suspended. The vehicle is an adaptation of a rickshaw replacing the individual running on the ground and pulling the vehicle with an individual using cycle technique to provide the power for propelling the vehicle.’
Gazette 03-Sep-1998, [1998] EWCA Civ 1202, (1999) RTR 1982
Town and Police Clauses Act 1847 38, Local Government (Miscellaneous Provisions) Act 1976 47
England and Wales
Citing:
Appeal fromRegina v Cambridge City Council ex parte Simon Lane Admn 2-Jun-1998
. .

Cited by:
Appealed toRegina v Cambridge City Council ex parte Simon Lane Admn 2-Jun-1998
. .
CitedOddy, Regina (on the Application of) v Bugbugs Ltd Admn 12-Nov-2003
A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and . .

These lists may be incomplete.
Updated: 10 May 2021; Ref: scu.86275

Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health and social harms resulting from extremely heavy drinking in deprived communities was an element of targeted thinking behind the 2012 Act. The Policy Memorandum also discounted a straightforward increase in excise tax as it ‘would impact on high price products as well as cheap ones and so would have a proportionately greater effect on moderate drinkers than a minimum price’.
The Court of Session had made a judgment it was entitled to reach on the information before it.
The effect of the ECJ judgment was that, where a national court examines national legislation in the light of the justification relating to the protection of health under article 36 TFEU it is bound to examine objectively whether it may reasonably be concluded from the evidence submitted by the Member State concerned that the means chosen are appropriate for the attainment of the objectives pursued and whether it is possible to attain those objectives by measures that are less restrictive of the free movement of goods and of the CMO.
Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Hodge
[2017] UKSC 76, 2017 GWD 37-566, [2017] UKSC 76, [2018] LLR 198, 2018 SCLR 102, [2018] 2 CMLR 6, 2017 SLT 1261, UKSC 2017/0025
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2017 Jul 24am Video, SC 2017 Jul 24pm Video, SC 2017 ul25am Video, SC 2017 ul25pm Video
Alcohol (Minimum Pricing) (Scotland) Act 2012, Directive 92/84/EEC
Scotland
Citing:
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 3-May-2013
(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum . .
See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See AlsoScotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
At ECJScotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
CitedCommission v Italy (Free Movement Of Goods) ECJ 10-Feb-2009
ecJ Failure of a Member State to fulfil obligations Article 28 EC Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ Prohibition on mopeds, motorcycles, motor tricycles and . .
CitedBerlington Hungary And Others v Magyar Allam ECJ 11-Jun-2015
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Games of chance – National taxes on the operation of slot machines in amusement arcades – National legislation national . .
CitedLumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
CitedRecovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered.
Held: The Bill fell outside the legislative competence . .
CitedCommission v France C-434/97 ECJ 24-Feb-2000
(Rec 2000,p I-1129) Judgment) Action for failure to fulfil obligations – Directive 92/12/EEC – Specific tax levied on beverages with a high alcohol content
The Court summarised the difference between VAT and excise as being that the former is . .
CitedBernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment) ECJ 24-Nov-1993
Free movement of goods – Prohibition of resale at a loss. A national law is fair if the rules it applies deal equally to imported and home goods.
Europa Free movement of goods – Quantitative restrictions – . .
CitedGroupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA ECJ 11-Aug-1995
European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.
Trade between Member States is not likely to be impeded, . .
CitedTransportes Jordi Besora, SL v Tribunal Economico Administrativo Regional De Cataluna ECJ 27-Feb-2014
Indirect taxes – Excise duties – Directive 92/12/EEC – Article 3(2) – Mineral oils – Tax on retail sales – Concept of ‘specific purpose’ – Transfer of powers to the Autonomous Communities – Financing – Predetermined allocation – Health-care and . .
CitedTallinna Ettevotlusamet v Statoil Fuel and Retail ECJ 5-Mar-2015
ECJ Judgment – Reference for a preliminary ruling – Indirect taxation – Excise duties -Directive 2008/118/EC – Article 1(2) – Liquid fuel subject to excise duty – Sales tax – Concept of ‘specific purpose’ – . .
At IHCSThe Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .

These lists may be incomplete.
Updated: 09 May 2021; Ref: scu.599383

The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013

(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum price at 50 pence per unit of alcohol.
Held: The claim was rejected
Lord Doherty
[2013] ScotCS CSOH – 70, 2013 SLT 776
Bailii
Alcohol (Minimum Pricing) (Scotland) Act 2012
Scotland
Citing:
See AlsoThe Scotch Whisky Association and Others, Re Judicial Review SCS 26-Sep-2012
Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine . .

Cited by:
See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SCS 30-Apr-2014
(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ . .
See AlsoScotch Whisky Association and Others for Judicial Review SCS 11-Jul-2014
Extra Division, Inner House – Further application for leave to intervene. . .
See AlsoScotch Whisky Association And Others v Lord Advocate, Advocate General for Scotland ECJ 23-Dec-2015
ECJ (Judgment) Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Free movement of goods – Article 34 TFEU – Quantitative . .
See alsoThe Scotch Whisky Association and Others v The Lord Advocate and Another SCS 21-Oct-2016
The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population.
Held: In a reclaiming . .
See AlsoScotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .

These lists may be incomplete.
Updated: 08 May 2021; Ref: scu.495201

Arch Chemicals And Arch Timber Protection v Commission T-402/04: ECFI 20 Sep 2011

ECFI Health policy – Placing on the market of biocidal products – Identification of active substances on the market – Decision refusing amendment of certain provisions of the legislation – Actions for failure to act – Obligation to act – Actions for annulment – Not individually concerned – Inadmissibility
[2011] EUECJ T-402/04
Bailii
European

Updated: 08 May 2021; Ref: scu.444606