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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: 1999 To: 1999

This page lists 49 cases, and was prepared on 02 April 2018.

 
Regina v Commissioner for Local Administration Ex P H (A Minor) Times, 08 January 1999; Gazette, 03 February 1999
8 Jan 1999
QBD

Administrative
A court having once adjudicated on an issue, it was not open to the Local Government Ombudsman to re-investigate the matters. The availability of additional remedies including compensation did not set aside the general rule.
Local Government Act 1974

 
Regina v Lord Saville of Newdigate Right Honourable Sir Edward Somers Right Honourable Justice Hoyt (the Members of Tribunal Sitting As Bloody Sunday Inquiry) ex parte B, O, U and V [1999] EWHC Admin 104
4 Feb 1999
Admn

Administrative

1 Citers

[ Bailii ]

 
 Dawson v Wearmouth; HL 4-Feb-1999 - Times, 26 March 1999; Gazette, 28 April 1999; Gazette, 12 May 1999; [1999] UKHL 18; [1999] 2 AC 309; [1999] 2 All ER 353; [1999] 2 WLR 960; [1999] 1 FCR 625; [1999] 1 FLR 1167; [1999] Fam Law 378

 
 Regina v Secretary of State for Home Department ex parte Mehmet and O'Connor; Admn 9-Feb-1999 - [1999] EWHC Admin 123
 
Regina v Secretary of State for Home Department (ex parte Chukwuebuka Ucheena Ajaelu [1999] EWHC Admin 140
15 Feb 1999
Admn

Administrative

[ Bailii ]
 
Regina v Secretary of State for the Home Department ex parte Mehmet; Regina v Same, ex parte O'Connor Times, 18 February 1999
18 Feb 1999
QBD

Administrative
A prisoner's allocation to a close supervision unit did not require him to be given opportunity to make representations before the move. It was not intended to be punitive, did not delay his release, nor result in worse prison conditions.

 
Regina v Secretary of State for Education and Employment ex parte Parkes, Neubert and Begbie [1999] EWHC Admin 158
19 Feb 1999
Admn
Moses J
Administrative, Education
The claimants sought leave to bring a judicial review to oblige the respondent to continue financial support for their schooling, saying the respondent had written to make this promise. Held: The applicants had an arguable case, and the review should continue.
Education (Schools) Act 1997 22(b)
1 Citers

[ Bailii ]
 
Regina v Korsnethe Royal Pharmaceutical Society of Great Britain [1999] EWHC Admin 154
19 Feb 1999
Admn

Administrative, Health Professions

1 Cites

[ Bailii ]
 
Regina v Family Health Services Appeal Authority, Boots Chemist Interested Party and similar [1999] EWCA Civ 957; (1999) 48 BMLR 204
11 Mar 1999
CA

Health Professions, Administrative
In the context of an application for a pharmacy licence, questions of adequacy, need and desirability are to be decided by the decision-makers, and provided that the proper approach is adopted, the answer will inevitably become a question of fact and degree eminently suitable for resolution by a committee of laymen, and not susceptible to sophisticated legal analyses.
1 Cites

1 Citers


 
Regina v Lord Saville of Newdigate and Members of the Tribunal Sitting As Bloody Sunday Inquiry, ex Parte: B; O and U and V Times, 15 April 1999; [1999] EWCA Civ 1136
30 Mar 1999
CA

Administrative
A second tribunal of enquiry into a matter was not bound by decisions of the first to give anonymity to witnesses. It must however consider that decision. Such tribunals had to govern their own procedures. Appeals against reasons alone are not recommended.
1 Cites

[ Bailii ]
 
Peter Gaisiance and African Children's Society v Charity Commission (Sued As Richard Fries) [1999] EWCA Civ 1182
15 Apr 1999
CA

Charity, Administrative

[ Bailii ]

 
 Regina v Secretary of State for the Home Department ex parte Anthony Garner, Jonathan Ian Carter, William Thompson, Mohamed Tawfick, John Henry Taylor; Admn 19-Apr-1999 - Times, 03 May 1999; [1999] EWHC Admin 320
 
Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner Gazette, 19 May 1999; [1999] EWHC Admin 409; [2001] JPL 407; [2000] JPL 54; [2001] Env LR 22; [1999] 3 PLR 74
7 May 1999
Admn
Sullivan J
Planning, Administrative
An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment. Held: The failure to give the floor area was not critical, but even at this stage the ommission of the environmental impact plan was. A policy must be read in the context of the legislative framework and must be read fairly and as a whole.
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department; CA 21-May-1999 - Times, 26 May 1999; [2000] 1 WLR 354; [1999] EWCA Civ 1465; [1999] EWCA Civ 3010; [2000] 1 WLR 354; [1999] 3 All ER 231; [1999] 3 All ER 231; [2000] Imm AR 10; [1999] INLR 241
 
Regina v Parliamentary Commissioner for Administration ex parte Balchin and others [1999] EWHC Admin 484
24 May 1999
Admn
Dyson J
Land, Administrative

1 Cites

[ Bailii ]
 
Regina v Local Commissioner for Administration, London (Arising From the Complaint of Jaroslav Zavadil) [1999] EWCA Civ 1473
25 May 1999
CA

Administrative, Local Government

[ Bailii ]

 
 Regina v Secretary of State for Health ex parte Pfizer Ltd; Admn 26-May-1999 - Times, 17 June 1999; [1999] EWHC Admin 504
 
Regina v Parliamentary Commissioner for Administration ex parte Atholl Grant Murray [1999] EWCA Civ 1512
27 May 1999
CA

Administrative

1 Cites

1 Citers

[ Bailii ]
 
Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening Times, 03 June 1999; [1999] EWCA Civ 1491
3 Jun 1999
CA
Rich, Otton, Pill LJJ
Benefits, Administrative
A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the defendant no injustice.
Housing Benefit (General) Regulations 1987 No 1971 Sch 6
1 Cites

[ Bailii ]
 
Regina v Right Honourable Lord Saville of Newdigate Sir Edward Somers Justice William Hoyt (Sitting As Saville Inquiry) (ex parte A; B; D; H; J; K; M; O; Q; R; S; U; V; Z and Ac and Ad) [1999] EWHC Admin 556
17 Jun 1999
Admn

Administrative

1 Citers

[ Bailii ]
 
Unibank A/S v Christensen Case C-260/97 Times, 30 June 1999
30 Jun 1999
ECJ

Administrative
A document which has not been authenticated by the involvement of some public official cannot be said to be a 'authentic instrument' within the Brussels Convention, allowing their use in other jurisdictions. Documents signed acknowledging indebtedness allowing for levy of execution, but without any authentication were not sufficiently certain to allow enforcement in another Convention country.
Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968 art 50

 
Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested [1999] EWCA Civ 1739; (2000) 2 LGLR 41; [1999] COD 321; [1999] 3 CMLR 123; (2000) 55 BMLR 38; [1999] EuLR 968; [2000] EHLR 52
1 Jul 1999
CA
Lord Bingham of Cornhill LCJ, Otton, Robert Walker LJJ
Health, Consumer, Administrative
The respondent had made an order banning the processing of milk products from the interested party's farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. Held: Proportionality itself is not always equated with intense scrutiny
Food Safety Act 1990 13
1 Cites

1 Citers

[ Bailii ]
 
Ex P Scarth Times, 08 July 1999
8 Jul 1999
CA

Administrative
Whilst the regulations which required payment of court fees in full were not ultra vires, the Lord Chancellor should acknowledge that they caused difficulty for some people seeking to commence an action, and he should consider finding some way of providing relief to avoid denying access to justice.
County Court Fees Order 1982 (1982 No 1706)


 
 Regina v Disciplinary Committee of Jockey Club ex parte Davidson; Admn 15-Jul-1999 - [1999] EWHC Admin 693
 
Regina v Dover Magistrates' Court ex parte Norman Lionel Webb [1999] EWCA Civ 1858
15 Jul 1999
CA

Administrative

1 Cites

[ Bailii ]

 
 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 - Times, 20 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1870; [1999] EWCA Civ 1871; [2001] 1 QB 213; [2000] 2 WLR 622; [1999] Lloyds LR 305
 
Regina v Secretary of State for the Home Department, Ex P Fielding Times, 21 July 1999
21 Jul 1999
CA

Administrative
A policy within the prison service to restrict the issue of condoms to situations where the medical officer considered that there was existed some medical risk was proper and not unlawful. A request by a homosexual prisoner for condoms without any indication of medical need implied an intention to have penetrative sex. The prison service was entitled to wish not to be seen to encourage homosexual activity.


 
 Modahl v British Athletics Federation; HL 23-Jul-1999 - Times, 23 July 1999; [1999] UKHL 37
 
Regina v The Right Honourable Lord Saville of Newdigate, Sir Edward Somers, Mr Justice William Hoyt ex parte A and others [1999] EWHC Admin 747
28 Jul 1999
Admn
Lord Woolf MR, Lord Justice Robert Walker, Lord Justice Tuckey
Administrative, Armed Forces

1 Cites

[ Bailii ]

 
 Coker and Osamor v Lord Chancellor and Lord Chancellor's Department; ET 28-Jul-1999 - Gazette, 28 July 1999; [1999] IRLR 396

 
 Edge and others v Pensions Ombudsman and Another; CA 29-Jul-1999 - Times, 19 October 1999; [2000] Ch 602; [1999] EWCA Civ 2013; [1999] 4 All ER 546
 
Williams v Cowell and Another (t/a The Stables) Times, 12 August 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1893
11 Aug 1999
CA

Administrative, Discrimination
There was no right in an appellant from an Industrial Tribunal sitting in Wales to the Employment Appeal Tribunal sitting in London to insist that the Tribunal hear the case in Welsh. The appellant spoke English perfectly well, it was not a matter in which evidence was to be given and the appeal was a fresh matter with new issues arising. Convenience to the parties had to balance convenience to others.
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Department of Education and Employment ex parte Begbie; CA 20-Aug-1999 - Times, 14 September 1999; Gazette, 15 September 1999; [1999] EWCA Civ 2100; [2000] 1 WLR 1115; [2000] Ed CR 140; [2000] ELR 445
 
Regina v Broadcasting Complaints Commission Ex Parte British Broadcasting Corporation Times, 14 September 1999
14 Sep 1999
QBD

Media, Administrative
A limited company has no protection under provisions designed to protect the privacy of living individuals. No complaint could be founded on a film taken secretly but in a place to which the public had access which was designed to reveal improper practice even though no such practice was revealed.
Broadcasting Act 1996

 
Metalmeccanica Fracasso SpA, Leitschutz Handels- und Montage GmbH v Amt der Salzburger Landesregierung fur den Bundesminister fur wirtschaftliche Angelegenheiten C-27/98; [1999] EUECJ C-27/98; [1999] ECR I-5697; [2002] CMLR 1150
16 Sep 1999
ECJ

Administrative, Contract
Where a tendering process completed leaving only one tender remaining, the contracting authority was not required to award the contract to the only tenderer judged to be suitable: "In a context different from that of the present case (there were several tenderers, not just one) the Court of First Instance stated that "the contracting authority is not bound to follow through to its end a procedure awarding a contract" observing that in that respect the contracting authority enjoys a broad discretion provided that its decision is in no way arbitrary."
1 Cites

1 Citers

[ Bailii ]
 
Partex v Commission T-182/96 [1999] EUECJ T-182/96
16 Sep 1999
ECFI

Administrative
ECJ 1 In so far as a Member State confirms the accuracy of the facts and accounts in final payment claims in respect of a grant of financial assistance from the European Social Fund (ESF), it is responsible to the Commission for the certifications which it submits.
Furthermore, given that Member States are under an obligation, pursuant to Article 2(2)of Decision 83/516 on the tasks of the ESF, to guarantee the successful completion of the operations financed, any certification under Article 5(4)of Regulation No 2950/83 on the implementation of Decision 83/516 must be regarded as being by nature an operation carried out by Member States subject to all reservations. A different interpretation would undermine the effectiveness of Article 7 of Decision 83/673 on the management of the ESF, which requires Member States to give notice of irregularities found in the management of operations to be financed through the ESF. In addition, the Commission may, under Article 7(1)of Regulation No 2950/83, check final payment claims, `without prejudice to any controls carried out by the Member States'. Those obligations and powers on the part of the Member States are not limited by any restriction in time. Consequently, where a Member State has already certified the accuracy of the facts and accounts in the final payment claim, it may still alter its assessment of the final payment claim if it considers that this contains irregularities which had not been previously detected.
2 The obligation, laid down in Article 190 of the Treaty (now Article 253 EC), to state the reasons for an individual decision is intended to provide the person concerned with sufficient information to enable him to determine whether the decision is well founded or whether it is vitiated by an error which may permit its validity to be contested, and to enable the Community judicature to review the lawfulness of the decision. A decision reducing the amount of ESF assistance initially granted must, in view of the serious consequences for the recipient, either show clearly the grounds justifying that reduction or refer with sufficient clarity to a measure of the competent national authorities in the Member State concerned, in which the reasons for such a reduction are clearly set out.
3 As regards the time which elapses between the lodging of a final payment claim by the national authority responsible for matters concerning ESF funding and the Commission's adoption of a decision in relation to that claim, the question whether that time-gap is reasonable must be determined in relation to the particular circumstances of each individual case. In particular, it is necessary to take account of its context, the various procedural stages followed, the complexity of the case and its importance for the various parties involved.
4 A measure is tainted by misuse of powers only if it appears, on the basis of objective, relevant and consistent factors, to have been taken with the exclusive purpose, or at least the primary purpose, of achieving an end other than that stated or of evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case.
[ Bailii ]
 
Smith and Grady v The United Kingdom Gazette, 10 November 1999; Times, 11 October 1999; (1999) 29 EHRR 493; (1999) IRLR 734; (2001) 31 EHRR 620; [2000] 29 EHRR 549; [2000] ECHR 383; 33986/96; [1999] ECHR 72; [1999] ECHR 180; 33985/96
27 Sep 1999
ECHR

Human Rights, Employment, Armed Forces, Administrative
The United Kingdom's ban on homosexuals within the armed forces was a breach of the applicants' right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking in their inability to admit of exceptions. The threshold at which the High Court and the Court of Appeal could find the Ministry of Defence policy irrational was placed so high that it effectively excluded any consideration by the domestic courts of the question of whether the interference with the applicants’ rights answered a pressing social need or was proportionate to the national security and public order aims pursued, principles which lie at the heart of the court’s analysis of complaints under article 8 of the Convention.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No separate issue under Art. 14+8; No violation of Art. 3 or Art. 14+3; Not necessary to examine under Art. 10 or Art. 14+10; Violation of Art. 13; Just satisfaction reserved
Hudoc Judgment (Just satisfaction) Non-pecuniary damage - financial award; Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights 8 13 41 - Prison Act 1952 - European Convention on Human Rights
1 Cites

1 Citers

[ Worldlii ] - [ Worldlii ] - [ Bailii ] - [ Bailii ]
 
Legal and General Assurance Society Ltd v Pensions Ombudsman and Others; Regina v Pensions Ombudsman, ex parte Legal and General Assurance Society Ltd Times, 07 December 1999; Gazette, 01 December 1999; [1999] EWHC Ch 196; [2000] 1 WLR 1524
3 Nov 1999
ChD

Financial Services, Administrative
There is no facility to appeal against an interim decision or determination of the Pensions Ombudsman, on a point of law, to the High Court. The appeal is purely statutory, and since no express capacity for such an appeal is provided, none exists.
Pension Schemes Act 1993 - Personal and Occupational Pensions Schemes (Pensions Ombudsman) (Procedure) Rules 1995 (1995 No 1053)
1 Citers

[ Bailii ]
 
Akewushola v Secretary of State for the Home Department Times, 03 November 1999
3 Nov 1999
CA

Administrative
The chairman of an immigration tribunal has no power to rescind his own decision, or that of another chairman. Similarly a full tribunal had no such power in respect of its own or another full tribunal's decisions. The Rules contain no such explicit power whether for a chairman or the full tribunal.
Immigration Appeals (Procedure) Rules 1984 (1984 N0 2041) 42

 
Regina v Secretary of State for the Home Department Times, 10 November 1999
10 Nov 1999
CA

Administrative, Human Rights
Where a person had been lawfully arrested, but later ordered to be released, because his continued detention was in breach of the Convention on Human Rights he could properly be denied compensation for the prior detention by the Secretary of State. There was no fault or maladministration on the part of the Home Secretary. The complainant had properly been arrested as a threat to national security and with a view to deportation.
European Convention on Human Rights


 
 Bavarian Lager Company Ltd v Commission of the European Communities (Supported by United Kingdom, Intervener); ECJ 10-Nov-1999 - Times, 10 November 1999; T-309/97; [1999] EUECJ T-309/97
 
Starrs and Chalmers and Bill of Advocattion for Procurator Fiscal, Linlithgow v Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers; Starrs v Ruxton, Ruxton v Starrs Times, 17 November 1999; 2000 JC 208; [1999] ScotHC 242; [2000] HRLR 191
11 Nov 1999
ScHC
Lord Justice Clerk and Lord Prosser
Human Rights, Administrative, Natural Justice, Scotland
The system in Scotland whereby lesser judges were appointed by the executive, for a year at a time, and could be discharged without explanation or challenge, meant that they could be seen not to be independent, and the system was a breach of the right to a fair trial by an independent judiciary. There was no open protocol for making such decisions. Unconscious fears of influence in a judge's mind could be enough.
Lord Prosser referred to the temporary nature of the appointment of Sherriffs: "But I am inclined to see independence – the need for a judge not to be dependent on others – as an additional substantive requirement, rather than simply a means of achieving impartiality or a perception of impartiality. Independence will guarantee not only that the judge is disinterested in relation to the parties and the cause, but also that in fulfilling his judicial function, generally as well as individual cases, he is and can be seen to be free of links with others (whether in the executive, or indeed the judiciary, or in outside life) which might, or might be thought to, affect his assessment of the matters entrusted to him."
European Convention on Human Rights Art 6
1 Citers

[ Bailii ] - [ ScotC ]

 
 Aparau v Iceland Frozen Foods Plc; CA 12-Nov-1999 - Times, 12 November 1999; Gazette, 25 November 1999; Gazette, 01 December 1999; [2000] ICR 341; [2000] IRLR 196; [1999] EWCA Civ 3047; [2000] 1 All ER 228
 
Regina v Secretary of State for the Home Department, Ex Parte Al-Fayed Times, 16 November 1999
16 Nov 1999
QBD

Human Rights, European, Administrative
When considering whether the Human Rights of a citizen had been infringed, the doctrine of proportionality was not to be extended to extend in turn such rights. At present the doctrine is part of European law, but not part of domestic English administrative law, and could not be called in aid to support an application for nationality.
British Nationality Act 1981 Sch 1 (1) (b)

 
Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council [1999] EWHC 832 (Admin); [2000] LGR 171; [2000] BLGR 171
23 Nov 1999
Admn
Lord Bingham of Cornhill CJ
Local Government, Administrative, Consumer
The 1987 Act and its Regulations enabled a local authority with proper grounds for suspecting that a safety provision had been contravened in relation to goods, to issue a "suspension notice" prohibiting a person on whom it was served from supplying those goods. It would be a criminal offence to breach that prohibition. The Council became concerned about the safety of certain models of baby walker. The suppliers disagreed. The Council decided to issue a press release to warn the public and to cause the recall of the product. The Council relied upon the general ancillary power in section 111 and the general power to publish information relating to its functions in section 142 of the 1972 Act. Held: The Council's decision was quashed. Lord Bingham accepted the submission that: "What, however, was impermissible was to make a public announcement having an intention and effect which could only be achieved by implementation of clear and particular procedures prescribed in an Act of Parliament when the effect of the announcement was to deny the companies the rights and protections which Parliament had enacted they should enjoy. So to act was to circumvent the provisions of the legislation and to act unlawfully."
It did not matter that the procedures under the 1987 Act were cumbersome and not useful for an emergency; the solution to that was amendment not circumvention.
Consumer Protection Act 1987 - Local Government Act 1972 111 142
1 Citers

[ Bailii ]
 
Macharia v Secretary of State for the Home Department Times, 25 November 1999; Gazette, 01 December 1999
25 Nov 1999
CA

Immigration, Litigation Practice, Administrative
The Immigration Appeal Tribunal does not have discretion, whether implied or otherwise, to admit new or further evidence without notice having first been given. The Rules explicitly required advance notice to be given, and nor was it proper for the tribunal itself to introduce evidence. The absence of a rule against such admission of evidence was not conclusive.
Asylum (Appeals) Procedure Rules 1996 No 2070

 
Forrest and Another v Towry Law Financial Services Ltd and Others Gazette, 25 November 1999; Times, 03 December 1999
25 Nov 1999
CA

Administrative, Litigation Practice, Financial Services
Once a writ had been issued, the Ombudsman had no standing to hear a complaint. The applicant wished to preserve his rights against the defendant in negligence but to pursue a complaint first. It was held that the writ having been issued, it would first have to be stayed, adjourned or discontinued, before the Ombudsman could accept jurisdiction on the complaint.

 
T v United Kingdom (Application 24724/94); v v United Kingdom (Application 24888/94) Times, 17 December 1999
17 Dec 1999
ECFI

Criminal Sentencing, Human Rights, Administrative
It was a breach of the human rights of a prisoner for a member of the Executive to set his sentencing tariff. That matter had to be decided by a court, or subject to a review by a court. The trial of young children in a very public forum had effectively denied to them any ability to participate in their own defence, and so had also been in breach of their rights to a fair trial. The trial itself of a ten year old was not necessarily inhuman or degrading treatment.
European Convention on Human Rights Art 3, 6


 
 Broadmoor Hospital Authority and Another v Robinson; CA 20-Dec-1999 - Times, 09 February 2000; Gazette, 20 January 2000; [2000] QB 775; [2000] 2 All ER 727; [1999] EWCA Civ 3039
 
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