Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Administrative - From: 1996 To: 1996

This page lists 34 cases, and was prepared on 02 April 2018.

 
Regina v London Borough of Islington ex parte East [1996] ELR 74
1996
Admn
Keene J
Education, Administrative
The court considered the obligation on an authority to consult: ".. the precise demands of consultation .. there according to the circumstances .. The extent and method of consultation must depend on the circumstances. Underlying what is required must be the concept of fairness"
1 Cites

1 Citers


 
Regina v Executive Counsel of the JDS, ex parte Hipps (1996) (New Law Transcript 296069202)
1996
ChD
Dyson J
Administrative
The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings. Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original jurisdiction whether to grant a stay. That jurisdiction must be used sparingly. The court must balance any prejudice to the defendant against any public interest in the need to complete the disciplinary proceedings, and in assessing this the court will listen to the disciplinary body. Each case turns on its facts.
1 Cites

1 Citers



 
 Regina v Commissioners of Inland Revenue, ex parte Unilever plc; CA 1996 - [1996] STC 681
 
Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic [1996] 30 HLR 1
2 Jan 1996
CA
Lord Justice Simon Brown, Lord Justice Staughton
Housing, Administrative
A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which the LHA considered before, in January, refusing her again. The reconsideration of the case was voluntary.
Lord Justice Simon Brown (obiter): "In my judgment, this council went as far as it possibly could in construing section 61 in a way favourable to this appellant. By no stretch of the imagination could [the cousin's] presence in the neighbouring borough be regarded as a family association such as to give the appellant a local connection with the respondent under section 61(1)(c). Indeed [counsel] does not so submit. . . . To my mind it is far from clear that an appellant's claim to be housed under Part III of the 1985 Act can be improved in this fashion simply because the local authority accede to a request to review the matter, as this local authority has done after the initial decision was taken." Though it was unnecessary to deal definitively with the point the Lord Justice questioned whether the local authority should have acceded to the request for a review.
Simon Brown considered the nature of the authority's residual discretion: "Residual Discretion. That such a discretion exists cannot be doubted. Plainly a local authority are entitled to house an applicant even if he or she has an obvious local connection with some other borough and none at all with their own. To my mind that proposition hardly needs the citation of authority, although I record that it is so stated in R v London Borough of Newham, ex p London Borough of Tower Hamlets (1993) 23 HLR 62 at 71. It should, however, be remembered that this particular legislation is concerned essentially with a local authority's housing function rather than with their social services function. It is not to be thought that a London borough, very hard pressed as doubtless they all are in connection with their public housing stock, will very readily accept on an entirely voluntary basis a housing obligation which, by virtue of section 67, they are perfectly entitled to refer elsewhere and which, indeed some other borough expressly accepts. Nevertheless, I repeat, such a discretion exists. . . . "
Housing Act 1985 65(2) 67(2)(a)
1 Cites

1 Citers


 
Three Rivers District Council v Bank of England Times, 08 January 1996
8 Jan 1996
ComC

Administrative

1 Cites

1 Citers


 
Regina v London Borough of Newham ex parte Bibi, Regina v London Borough of Newham ex parte Al-Nashed [1996] EWHC Admin 4
18 Jan 1996
Admn

Administrative, Local Government, Housing

1 Cites

1 Citers

[ Bailii ]
 
Regina v Home Secretary, ex parte Sherwin Unreported, 16 February 1996
16 Feb 1996
QBD

Administrative
The Benefits Agency was part of the Department of Social Security, having been set up under the prerogative power pursuant to the Prime Minister's statement of 18 February 1988.
1 Citers



 
 Regina v Secretary of State for the Environment and Another Ex Parte Kirkstall Valley Campaign Ltd; QBD 20-Mar-1996 - Times, 20 March 1996

 
 Regina v Registrar General for England and Wales Ex Parte P; Same v Same Ex Parte G; QBD 27-Mar-1996 - Times, 27 March 1996; Independent, 22 February 1996
 
In Re A Subpoena Issued by the Commissioner for Local Administration Times, 04 April 1996
2 Apr 1996
QBD
Justice Carnwath
Administrative, Local Government
Local ombudsman can investigate adoptions and to get confidential papers. His task was not that of a party to litigation, and he may well require more papers than a party to litigation might be entitled to. Even so, and though the sup poena ad duces tecum was confirmed, the Commissioner was invited to reconsider and reduce the scope of the papers requested.


 
 Three Rivers District Council v Bank of England; QBD 22-Apr-1996 - Times, 22 April 1996; [1996] 3 All ER 558; [1996] 3 All ER 634
 
Percy and Another v Hall and Others Times, 31 May 1996; [1997] QB 924
31 May 1996
QBD
Simon Brown LJ, Schliemann LJ
Torts - Other, Police, Administrative
There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of action for invalid administrative acts as such. A "second actor" may be blameless if he detains a person in reliance on what appears to be a lawful authority, whether issued by a "first actor" or otherwise.
Simon Brown LJ said of a byelaw under consideration: "Better . . to treat the instrument as valid unless so uncertain in its language as to have no ascertainable meaning, or so unclear in its effect as to be incapable of certain application in any case."
1 Citers


 
John Seifert v Pensions Ombudsman; E Kural; P Helm; a Lynch; Fairmount Trustee Services Limited; Seifert Limited; Guardian Assurance Plc Co, Anthony Lynch; Philip Helm v Julian Farrand and Erdogan Kural [1996] EWHC Admin 13
1 Jun 1996
Admn

Administrative
The Ombudsman must follow both statutory rules and natural justice principles.
Pensions Schemes Act 1993 149(1)
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly; HL 11-Jul-1996 - Times, 11 July 1996; Gazette, 12 September 1996; [1996] 1 WLR 1103
 
Regina v Secretary of State for the Home Department Ex Parte Urmaza Times, 23 July 1996; [1996] COD 479
23 Jul 1996
QBD
Sedley J
Immigration, Administrative
A deportee after a marriage was to be treated in the same way as others despite desertion from ship. The application of the Home Secretary's discretion under the Policy was in issue. The case "raises a novel question about the extent to which departmental policy is amenable to judicial review". "these legal controls upon the deployment of discretion and the implementation of policy demonstrate that the courts do not limit themselves to a bare rationality test ... such cases, as authority demonstrates, are not limited to irrationality; they include cases where an international policy has been disregarded or misapplied by one or more of a Minister's officials". And "the modern approach to a departmental policy document" by saying that "it follows that those cases in which the challenge has been predicated upon pure irrationality are illustrative but not exhaustive of the grounds of challenge". Policies should be applied consistently: "… similar situations not to be treated differently and different situations not to be treated in the same way, unless such treatment is objectively justified."
Immigration Act 1971 11(5)
1 Citers



 
 Boddington v British Transport Police; QBD 23-Jul-1996 - Times, 23 July 1996
 
Regina v Monopolies and Mergers Commission Ex Parte Stagecoach Holdings Plc Times, 23 July 1996
23 Jul 1996
QBD

Administrative, Natural Justice
Monopolies and Mergers Commission decisions are to be judged on an test of whether they comply with natural justice and not as to whether only they are Wednesbury unreasonable.


 
 Stovin v Wise, Norfolk County Council (Third Party); HL 24-Jul-1996 - Gazette, 25 September 1996; Times, 26 July 1996; [1996] AC 923; [1996] UKHL 15; [1996] 3 All ER 801; [1996] 3 WLR 389
 
Stevenage Borough Football Club Ltd v The Football League Ltd Times, 01 August 1996
1 Aug 1996
ChD

Administrative, Judicial Review
The Football League is a body subject to judicial review, since it exercises its control over members in the public interest.
1 Citers


 
Stevenage Borough Football Club Limited v Football League Limited Times, 09 August 1996; [1996] EWCA Civ 569; [1996] EWCA Civ 570
6 Aug 1996
CA
Hobhouse, Millett, Swinton-Thomas LJJ
Administrative
Unfair changes to the rules for the promotion of sports clubs between leagues could not be challenged retrospectively after the team in question had impliedly accepted the rules. An injunction granted may within a sporting league context have unfair consequences on others not party to the proceedings.
1 Cites

1 Citers


 
Regina v West Sussex Family Health Services ex parte Boots Ltd [1996] EWHC Admin 65
21 Aug 1996
Admn

Health Professions, Administrative


 
Regina v Broadcasting Complaints Commission ex parte Barclay [1996] EWHC Admin 83
4 Oct 1996
Admn

Media, Administrative

[ Bailii ]
 
Regina v Broadcasting Complaints Commission Ex Parte Barclay and Another Times, 11 October 1996
11 Oct 1996
QBD

Media, Administrative
The Commission can only consider a claim of invasion of privacy after a programme has been broadcast.

 
Anderton and Co (a Firm) ex parte v George F Cawood [1996] EWCA Civ 721
15 Oct 1996
CA

Legal Professions, Administrative

[ Bailii ]

 
 Regina v Parliamentary Commissioner for Administration ex parte Balchin; Admn 25-Oct-1996 - [1996] EWHC Admin 152; [1998] 1 PLR 1; [1997] COD 146; [1996] EG 166; [1997] JPL 917
 
Regina v Leicester Crown Court ex parte Kaur [1996] EWHC Admin 170
30 Oct 1996
Admn
Potts J
Criminal Practice, Administrative
The claimant sought leave to bring judicial review of decision first to estreat her recognisance of £150,000 and second not to deal with her complaint about the behaviour of the Crown Court. Held: The request for a review was out of time. The decisions followed a finding that the applicant was both unreliable in her evidence and culpable in failing to ensure the attendance of her son for trial. The request was refused.
Powers of Criminal Courts Act 1973 31(1)

 
Regina v Secretary of State for Home Department ex parte Gangadeen [1996] EWHC Admin 237; [1998] INLR 206
15 Nov 1996
Admn
Hirst LJ Swinton Thomas LJ and Sir Brian Neill
Administrative
The Court should not intervene in a minister's decision in application of his own policy unless he disregarded it, or the decision was inherently irrational.
1 Citers

[ Bailii ]
 
Regina v Press Complaints Commission and Ian Stewart-Brady (By Next Friend Graeme Edward Kerr) Times, 22 November 1996; [1996] EWCA Civ 986; (1996) 9 Admin LR 274
18 Nov 1996
CA

Media, Administrative
Judicial review of a decision of the Press Complaints Commission was not appropriate.
1 Citers

[ Bailii ]
 
Regina v Secretary of State for Home Department and Governor of Her Majesty's Prison Risley ex parte Hargreaves, Briggs and Green Times, 03 December 1996; Gazette, 05 February 1997; [1996] EWCA Civ 1006; [1997] 1 WLR 906
20 Nov 1996
CA
Hirst LJ
Prisons, Criminal Practice, Administrative
No sufficient expectation which could form the basis of a judicial review arose from an agreement for prison home leave which was later denied. The only legitimate expectation of the prisoners was to have their applications individually considered in light of whatever policy was in force at the time.
1 Citers

[ Bailii ]

 
 Olutu v Home Office; CA 29-Nov-1996 - [1997] 1 WLR 328; [1996] EWCA Civ 1070; [1997] 1 All ER 385
 
Andreou v Institute of Chartered Accountants In England and Wales (2) [1996] EWCA Civ 1167
11 Dec 1996
CA

Administrative
Application for leave to appeal - granted.
1 Citers

[ Bailii ]
 
In Re L (a Minor) (Adoption: Disclosure of Information) Gazette, 29 January 1997; Times, 09 January 1997; [1996] EWCA Civ 1195
12 Dec 1996
CA

Adoption, Administrative, Adoption
A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant's adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to an adopted child is needed, before any disclosure is to be made to the natural parent. The words of section 50(5) were mandatory, and disclosure should be given in only exceptional cases.
Adoption Act 1976 50(5)
1 Cites

[ Bailii ]
 
Regina v Beatrix Potter School ex parte Kanner [1996] EWHC Admin 397
20 Dec 1996
Admn

Education, Administrative
The applicant's child had been offered a place by the respondent. The offer was withdrawn. Held: The school when deciding was entitled to look to the need for efficiency in education. On appeal, the committee may go against that need. The appeal committee refused the child's appeal on the grounds of efficiency. Many more children had applied for places than were available, and many more had succeeded at appeal. The school needed urgently to reduce the numbers, and claimed the offer had been made without authority. Then arrangements were made to increase capacity, and two children who had been offered places withdrew. The appeal was on the ground of the school's failure to take account of parental choice, and on the legitimate expectation created. Held: It was impossible to describe the withdrawal of the offer as Wednesbury unreasonable, and the appeal failed.
Education Act 1980 6 - Education Reform Act 1988 26
1 Cites

[ Bailii ]
 
Regina v Ministry of Agriculture Fisheries and Food and Another Ex Parte First City trading Etc Times, 20 December 1996; [1997] 1 CMLR 250
20 Dec 1996
QBD
Laws J
European, Administrative
EU law principles do not apply in domestic law unless implementing EU law. Laws J said that: "Wednesbury and European review are two different models - one looser, one tighter -of the same juridical concept, which is the imposition of compulsory standards on decision-makers so as to secure the repudiation of arbitrary power".
1 Citers


 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.