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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: 1997 To: 1997

This page lists 28 cases, and was prepared on 02 April 2018.

 
Lardner v Renfrew District Council 1997 SC 104
1997

Lord President Rodger
Scotland, Administrative
Rodger LP said that when construing the phrase 'a person aggrieved' it was necessary to have regard to the particular legislation involved, and the nature of the grounds on which the appellant claims to be aggrieved.
1 Citers


 
Regina v Director of Public Prosecutions ex parte Camelot Group Plc [1997] 10 Adm LR 93; [1997] EWHC Admin 360; [1997] EWHC Admin 121; [1997] EWCA Civ 1393
11 Feb 1997
Admn

Administrative, Litigation Practice
There is jurisdiction for a civil court to make a declaration as to the criminality of future conduct.
1 Citers

[ Bailii ] - [ Bailii ] - [ Bailii ]
 
Terence Geoffrey Best and others v Secretary of State for Environment v Bass Holdings Limited v South Somerset District Council v Tesco Stores Limited [1997] EWHC Admin 226
5 Mar 1997
Admn
Mr Lockhart-Mummery QC
Planning, Administrative
Counsel for an objector in a planning case submitted that the contents of an incoming letter lying in the Department's postroom were imputedly known to the Secretary of State. Held: The judge generously described the submission as having an air of unreality.
1 Cites

1 Citers

[ Bailii ]

 
 Dr Akena Adoko v Law Society; CA 7-Mar-1997 - [1997] EWCA Civ 1187
 
Hossack v The General Dental Council (Professional Conduct Committee of the GDC) Times, 22 April 1997; [1997] UKPC 15
16 Apr 1997
PC

Administrative, Health Professions
The Privy Council may alter a finding of fact by the disciplinary committee of the General Dental Council if it was clear that that committee had misread the evidence.
[ Bailii ]
 
Propend Finance Property Ltd and Others v Sing and Another Times, 02 May 1997; [1997] EWCA Civ 1433; (1997) 111 ILR 611
17 Apr 1997
CA

Administrative, International
Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection “under the same cloak” as the state itself: “The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, “functionaries”) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.” The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.
State Immunity Act 1978 14(1)
1 Cites

1 Citers

[ Bailii ]

 
 O'Rourke v Mayor etc of the London Borough of Camden; HL 12-Jun-1997 - [1997] UKHL 24; [1997] 3 WLR 86; [1998] AC 188; [1997] 3 All ER 23
 
Russell v Dickinson Times, 23 June 1997
23 Jun 1997
OHCS

Administrative
A sheriff sitting as a judge is immune from damages for an incompetent order detaining defendant for enquiries despite allegation of malice.


 
 Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others; ChD 30-Jun-1997 - Times, 30 June 1997

 
 Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc; Admn 10-Jul-1997 - Times, 14 July 1997; [1997] EWHC Admin 667; [1997] 3 WLR 724
 
Johnson v Blackpool General Commissioners; Johnson and Another v Same Times, 11 July 1997
11 Jul 1997
CA

Administrative, Taxes Management
Penalties of pounds 2,000 for failure to produce books for inspection at sensible time as required were entirely appropriate.
General Commissioners (Jurisdiction and Procedure) Regulations 1994 (1994 No 1812)

 
Regina v Medicines Control Agency Ex Parte Pharma Nord Ltd Times, 29 July 1997; [1997] EWHC Admin 674
11 Jul 1997
QBD
Collins J
Health, Licensing, Administrative
A Court reviewing a decision of the Medicines Control Agency does not decide whether the product is a medicine, but whether the decision had been properly reached.
1 Citers

[ Bailii ]

 
 Kelly v Commissioner of Police for Metropolis; CA 22-Jul-1997 - Gazette, 03 September 1997; Times, 20 August 1997; [1997] EWCA Civ 2160
 
Regina v Institute of Chartered Accountants In England and Wales ex parte Victor Benjamin Christie [1997] EWHC Admin 710
24 Jul 1997
Admn

Administrative

[ Bailii ]
 
Andreas Chry Andreou v Institute of Chartered Accountants In England and Wales [1997] EWCA Civ 2189; [1998] 1 All ER 14
25 Jul 1997
CA

Administrative
The appeallant having been found guilty in professional disciplinary proceedings sought to appeal, but was refused by the defendant saying that it had no discretion to extend the time for an appeal. Held: The Institute exercised its disciplinary jurisdiction for the public as a whole and not merely as part of a contractual relationship with its members. The plaintiff's action should therefore have been begun as a public law matter under judicial review, and not as a private contractual duispute.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Gloucestershire County Council (ex parte Prospects Care Services) [1997] EWHC Admin 714
28 Jul 1997
Admn
Sir Stephen Brown
Administrative

[ Bailii ]

 
 Modahl v British Athletic Federation Limited; CA 28-Jul-1997 - [1997] EWCA Civ 2209; [2002] 1 WLR 1192
 
Three Rivers District Council and Another v The Bank of England (No. 3) [1996] 3 All ER 558; [1997] 3 CMLR 429; Times, 22 April 1996
30 Jul 1997
ComC
Clarke J
Administrative, Torts - Other
ComC Misfeasance in public office. Assuming ingredients of tort as reported at [1996] 3 ALL ER 558 at 582-3, was claim bound to fail? All plaintiffs' evidence now available to court. On that evidence plaintiffs bound to fail. No reasonable prospect of material becoming available in future to assist plaintiffs. No arguable case that Bank of England acted dishonestly in granting licence or failing to revoke licence or authorization. Action struck out.
1 Cites

1 Citers



 
 Antonelli v Secretary of State for Trade and Industry; CA 31-Jul-1997 - Gazette, 17 September 1997; Times, 03 October 1997; [1997] EWCA Civ 2282; [1998] QB 948

 
 Regina v Warwickshire County Council ex parte Powergen Plc; CA 31-Jul-1997 - [1997] EWCA Civ 2280; (1997) 96 LGR 617

 
 Russell (for and on Behalf of Ebbw Vale Rugby Football Club) v Vernon Pugh QC etc; CA 1-Aug-1997 - [1997] EWCA Civ 2286

 
 Regina v North and East Devon Health Authority; North Devon Healthcare NHS Trust ex parte Pow, Geall and Ridd; Admn 4-Aug-1997 - [1997] EWHC Admin 765; [1998] 1 CCLR 280

 
 Corbett v Restormel Borough Council and Land and Property Limited; CA 8-Aug-1997 - [1997] EWCA Civ 330
 
Regina v Secretary of State for Social Security and Parliamentary Commissioner for Administration ex parte 'S' [1997] EWHC Admin 786
22 Aug 1997
Admn

Administrative, Benefits

[ Bailii ]
 
Secretary of State for Trade and Industry v Queen (Patrick) Times, 27 August 1997
27 Aug 1997
IHCS

Administrative
Company Director Disqualification proceedings can take account of convictions spent under Rehabilitation of Offenders Act 1974.
Company Directors Disqualification Act 1986 - Rehabilitation of Offenders Act 1974

 
Regina v Chartered Association of Certified Accountants (ex parte Krishan Kumar Arora T/a Practice Disposal Agency) [1997] EWHC Admin 925
27 Oct 1997
Admn

Administrative

1 Cites

1 Citers

[ Bailii ]
 
In the Matter of an Application for Judicial Review Secretary of State for Environment ex parte Newbury District Council [1997] EWHC Admin 959
31 Oct 1997
Admn
Sedley J
Administrative

[ Bailii ]
 
Attorney-General v Blake Times, 22 December 1997; Gazette, 28 January 1998; [1997] EWCA Civ 3008; [1998] Ch 439
16 Dec 1997
CA
Lord Woolf M.R., Millett and Mummery L.JJ
Administrative, Media, Employment
A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest. Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.
1 Cites

1 Citers

[ Bailii ]
 
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