swarb.co.uk - law index
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Administrative - From: 1994 To: 1994
This page lists 10 cases, and was prepared on 02 April 2018.
Regina v Institute of Chartered Accounts and Others, Ex Parte Brindle and Others Times, 12 January 1994; [1994] BCC 297
12 Jan 1994
CA
Financial Services, Administrative
The Bank's liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly.
1 Citers
ISKCON v United Kingdom 20490/92; (1994) 18 EHRR CD 133
8 Mar 1994
ECHR
Human Rights, Planning, Administrative
(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an inspector the Secretary of State largely confirmed the enforcement notice. The High Court and the Court of Appeal rejected ISKCON'S appeal. On a complaint under the Convention the Commission recalled that an appeal under section 289 of the Town and Country Planning Act 1990 lay only on a point of law but it took into account that the local authority could only take proceedings within the limits of section 174 of that Act and that in accordance with its own structure plans and the policy guidance laid down by the Secretary of State ISKCON could then seek a determination as to whether the legal requirements had been met. Held: The Commission concluded: "The Commission recalls that the High Court dealt with each of ISKCON'S grounds of appeal on its merits, point by point, without ever having to decline jurisdiction. Moreover, it was open to ISKCON to contend in the High Court that findings of fact by the inspector and/or the Secretary of State were unsupported by evidence, as they could have argued that the administrative authorities failed to take into account an actual fact or did take into account an immaterial fact. Finally, the High Court could have interfered with the administrative authorities' decisions if those decisions had been irrational having regard to the facts established by the authorities.
It is not the role of article 6 of the Convention to give access to a level of jurisdiction which can substitute its opinion for that of the administrative authorities on questions of expediency and where the courts do not refuse to examine any of the points raised; article 6 gives a right to a court that has 'full jurisdiction' (cf [Zumtobel v Austria (1993) 17 EHRR 116, para 32])."
European Convention on Human Rights 6 - Town and Country Planning Act 1990
1 Citers
Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another Independent, 12 May 1994; [1995] 1 WLR 845
12 May 1994
CA
Personal Injury, Administrative
The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.
1 Cites
1 Citers
S, Regina (on the Application of) v Secretary of State for Education [1995] ELR 71; [1994] EWCA Civ 37; [1995] 2 FCR 225; [1995] COD 48
15 Jul 1994
CA
Education, Administrative
Education Act 1981 8
1 Cites
1 Citers
[ Bailii ]
Regina v Inland Revenue Commissioners Ex Parte Unilever Plc and Others; QBD 12-Sep-1994 - Ind Summary, 12 September 1994
Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others Independent, 04 October 1994
4 Oct 1994
QBD
Administrative, Environment
Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation.
1 Cites
1 Citers
Benzler v Commission (Rec 1994,p FP-IA-245,II-777) T-536/93; [1994] EUECJ T-536/93
27 Oct 1994
ECFI
European, Administrative
Europa 1. The daily subsistence allowance provided for in Article 10(1) of Annex VII to the Staff Regulations, to which a newly recruited official is entitled only until such time as he removes in order to reside at his place of employment, is intended to cover the expense and inconvenience occasioned by the need to travel and establish a provisional residence at the place of employment, whilst retaining, likewise provisionally, his previous residence. The allowance cannot therefore be paid to an official who does not prove that he has been exposed to such expense or inconvenience. 2. The concept of habitual residence at the time of recruitment, to which the general provisions for implementation of the Staff Regulations adopted by an institution refer for the purpose of determining an official' s place of recruitment, in the absence of any definition in the Staff Regulations, must be taken to mean the place where the person concerned has established, and intends to maintain, the permanent or habitual centre of his interests. The fact of residing in a place for the sole purpose of pursuing studies there does not of itself, in the absence of other relevant factors, mean that the person concerned intended to transfer the centre of his interests to that place.
[ Bailii ]
Home Office v Barnes and Others Independent, 23 November 1994
23 Nov 1994
QBD
Employment, Administrative, Prisons
Prison officers may not, in the course of an employment dispute, refuse to accept prisoners into the prison after they had been properly committed to the care of the prison in which they worked.
Prisons Act 1952 8
Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2); QBD 29-Nov-1994 - Independent, 29 November 1994; Times, 02 December 1994; [1995] 1 WLR 734
Lisrestal and others v Commission T-450/93; [1994] EUECJ T-450/93
6 Dec 1994
ECFI
R Schintgen, P
European, Administrative
1. The delegation of authority to sign within an institution is a measure relating to the internal organization of the Community' s administrative departments. It is in accordance with Article 27 of the Commission' s Rules of Procedure and is the normal means by which the Commission exercises its powers. Officials may therefore be empowered to take, in the name of the Commission and subject to its control, clearly defined measures of management or administration.
2. Respect for the rights of the defence in all proceedings which are initiated against a person and are liable to culminate in a measure adversely affecting that person is a fundamental principle of Community law which must be guaranteed, even in the absence of any specific rules concerning the proceedings in question. That principle requires that any person who may be adversely affected by the adoption of a decision should be placed in a position in which he may effectively make known his views on the evidence against him which the Commission has taken as the basis for the decision at issue.
That is so in the case of recipients of European Social Fund assistance for a vocational training operation in a Member State, where the Commission proposes to reduce the assistance initially granted on the ground that it has not been used in accordance with the conditions laid down in the decision of approval. The fact that the Member State concerned is the sole interlocutor of the ESF and the addressee of any decision to reduce assistance does not preclude there being a direct link between the Commission and the recipient of the assistance, which is directly affected by the economic consequences of the reduction, since it has primary liability for the repayment of the sums paid without warrant.
Consequently, it is an infringement of the recipient' s rights of defence for a decision to reduce assistance to have been adopted when the recipient had not been notified of the reports of the Commission' s inquiry into the conditions in which the assisted training operations were being carried out, or the Commission' s complaints against it, and had not been heard by the Commission before it adopted the decision, and where having been invited by the Commission to submit its observations on the proposed reduction, the national authority in charge of supervising the relevant matters informed the Commission, without first hearing the recipient, that it would accept that decision.
3. A Commission decision reducing financial assistance from the European Social Fund initially granted for a vocational training operation, which has serious consequences for the recipient organization, must clearly show the grounds which justify a reduction of the amount of assistance initially authorized. The requirement to state reasons laid down in Article 190 of the Treaty is not satisfied when a decision to reduce assistance relating to various operations carried out by different organizations does not identify, with respect to each of them, the items to which the reduction relates and clearly state the reasons which led the Commission to reduce, for each of them, the assistance granted.
[ Bailii ]
