The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to purchase the records for its register of addresses.
Held: The consultation had been adequate. The regulations did not create a duopoly, and any new registrant as a credit reference agency could also apply for access to the registers. The regulations were neutral as to the number of registrants. There was no exceptional case here deserving declaratory relief. The company had also delayed bringing its action to such an extent as to deprive it of the right to a judicial review, and nor was there any justification for declaratory relief.
Judges:
The Honourable Mr Justice Maurice Kay
Citations:
[2003] EWHC 1761 (Admin), Times 11-Aug-2003
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Reid, Robertson v City of Wakefield Metropolitan Council, Secretary of State for the Home Department Admn 16-Nov-2001
The claimant requested the defendant authority to remove his details from the electoral register before it was sold on to third parties. They refused. He claimed that the information had been obtained from him under penalty of criminal charges, and . .
Cited – Robertson, Regina (on the Application of) v Experian Ltd and Another (2) Admn 21-Jul-2003
The claimant sought a judicial review of the regulations allowing sale of the electoral role by local government bodies to registered credit reference agencies. An adjournment was refused, and the case proceeded in his absence.
Held: The . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Pyx Granite Ltd v Ministry of Housing and Local Government HL 1959
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court . .
Cited – Imperial Tobacco Ltd v Attorney-General HL 1980
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme.
Held: It was not necessary to decide whether a declaration as to the criminality or otherwise . .
Cited – Attorney-General v Able and Others QBD 28-Apr-1983
The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing . .
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Lists of cited by and citing cases may be incomplete.
Elections, Judicial Review
Updated: 03 November 2022; Ref: scu.184880