swarb.co.uk - law index
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Administrative - From: 2003 To: 2003
This page lists 27 cases, and was prepared on 02 April 2018.
Carpenter v Social Security Commissioner and Another Times, 20 January 2003
15 Jan 2003
CA
Law, Ward, Jonathan Parker, LJJ
Administrative
The applicant appealed refused an adjournment of his appeal against termination of his entitlement to National Insurance credits, to allow him to bring additional medical evidence. Held: The jurisdiction to hear an appeal lay in the regulations. Those allowed an appeal against a decision, but not against a determination. A decision was an outcome of the case, a determination was any one of the many decisions made during the course of a hearing which would lead to a decision. The decision not to adjourn was a determination, and no right of appeal existed.
Social Security Act 1998 8 9 10 - Social Security and Child Support (Decisions and Appeals) Regulations 1999 (1999 No 991) 53
Regina (Asha Foundation) v Millenium Commission Times, 24 January 2003; Gazette, 20 March 2003; [2003] EWCA Civ 88
16 Jan 2003
CA
Woolf LCJ, Hale, Latham LJJ
Administrative
The applicant had applied for funding to the Millennium Commission. It now appealed a refusal to order the respondent to give full reasons for its decision. Held: The applicant requested what it called meaningful reasons. The importance of giving reasons for an administrative decision was correctly emphasised, but that did not extend indefinitely, and must be balanced against issues of practicality. Where a decision had been reached by a majority of a committee it would not normally assist to identify the several views of committee members. A duty existed here, but the question was then what standard or extent of reasons were to be given. The same logic should continue to be applied when assessing what extent of explanation should be applied. The applicant sought to place an undue burden on the respondent. It was sufficient for them to have said that other applications were preferred.
1 Cites
1 Citers
[ Bailii ]
Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening); HL 13-Feb-2003 - [2003] UKHL 5; [2003] 1 All ER 739; Gazette, 03 April 2003; [2003] 2 WLR 388; [2003] 2 AC 430; [2003] ACD 41; [2003] NPC 21; [2003] HRLR 16; [2003] HLR 32; [2003] UKHRR 419; [2003] BLGR 205; 14 BHRC 400; [2003] Hous LR 20
Mambakasa, Regina (on The Application of) v Secretary of State for The Home Department [2003] EWHC 319 (Admin)
3 Mar 2003
Admn
Richards J
Administrative, Immigration, Human Rights
Claim of unlawful delay in grant of refugee status
[ Bailii ]
Kelsall and Others, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2003] EWHC 459 (Admin)
13 Mar 2003
Admn
Stanley Burnton J
Administrative, Agriculture
The claimants had had their fur farming business closed under the 2000 Act. They now challanged the order implementing compensation for the loss.
Fur Farming (Compensation Scheme) (England) Order 2002 - Fur Farming Prohibition Act 2000
[ Bailii ]
Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance); HL 13-Mar-2003 - [2003] UKHL 13; Times, 14 March 2003; [2003] 2 WLR 692; [2003] 2 AC 687; (2003) 71 BMLR 209; [2003] 1 FCR 577; [2003] 2 All ER 113
Regina (Harrison) v Secretary of State for the Home Department Times, 15 April 2003; [2003] EWCA Civ 432
13 Mar 2003
CA
May, Arden Keene LJJ
Administrative, Immigration
The claimant sought a review of the decision of the respondent not to respond to his request for a declaration as to his entitlement to citizenship. Held: The question the claimant sought to be answered was one for the courts to answer, not the respondent. That is why the system gave no right of administrative review or appeal against the respondent's refusal to acknowledge the claim for citizenship. Since the respondent had not determined any of the claimant's rights, his human rights had not either been engaged.
British Citizenship Act 1981
[ Bailii ]
The Association of British Civilian Internees - Far Eastern Region (ABCIFER) v Secretary of State for Defence; CA 3-Apr-2003 - [2002] EWCA Civ 473; Times, 19 April 2003; Gazette, 12 June 2003; [2003] QB 1397; [2003] ACD 51; , [2003] 3 WLR 80
Commission v Germany (Law Relating To Undertakings) C-28/01; [2003] EUECJ C-28/01
10 Apr 2003
ECJ
Administrative
ECJ Failure by a Member State to fulfil its obligations - Admissibility - Legal interest in bringing proceedings - Directive 92/50/EEC - Procedures for the award of public service contracts - Negotiated procedure without prior publication of a contract notice - Conditions
Directive 92/50/EEC
[ Bailii ]
Bellinger v Bellinger; HL 10-Apr-2003 - [2003] UKHL 21; Times, 11 April 2003; [2003] 2 AC 467; [2003] 2 All ER 593; [2003] Fam Law 485; 14 BHRC 127; [2003] 2 WLR 1174; 72 BMLR 147; [2003] 2 FCR 1; [2003] HRLR 22; [2003] 1 FLR 1043; [2003] UKHRR 679; [2003] ACD 74
Farnell, Regina (on Application By) v Criminal Cases Review Commission Times, 02 June 2003; [2003] EWHC 835 (Admin)
15 Apr 2003
Admn
Mitchell, Maurice Kay JJ
Administrative, Criminal Practice
The appellant sought judicial review of the respondents refusal to refer his case back to the Court of Appeal. Held: The Commission had misunderstood the way in which the Court of Appeal worked, by anticipating that it would reconsider the evidence. In this case, the defendant and the court had not allowed as a serious question the possibility that the defendant's mental condition might make him more susceptible to provocation. The commission was to ask whetther there was a real possibility that the court could not be sure the issue was properly formulated. In view of later case law, that possibility existed, and the Commission should have referred the case.
Homicide Act 1957 3 - Criminal Appeal Act 1995 13
1 Cites
[ Bailii ]
Secretary of State for Work and Pensions v Nelligan Times, 23 April 2003; [2003] EWCA Civ 555; Gazette, 03 July 2003
15 Apr 2003
CA
Kennedy, Scott Baker LJJ Blackburne J
Benefits, Administrative
The claimant qualified potentially for a pension based upon her own Class B contributions, or a category A pension. The Class B pension and requested that it be backdated. Held: She could claim one pension but not both. The pension entitlement under the 1992 Act was dependent upon a claim being made. She could not backdate her claim. A construction of section 43 to allow this could not have been intended by Parliament. The section imposed no duty to backdate and no duty to advise her of the possibility.
Social Security Administration Act 1992 1(1) - Social Security Contribution and Benefits Act 1992 43(5)
[ Bailii ]
Dr Athanassios Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health - Interested Parties [2003] EWCA Civ 609
8 May 2003
CA
Lord Justice Aldous Lord Justice Buxton Lord Justice Rix
Health Professions, European, Administrative
The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece. Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very broad principle in Article 43 EC and any in specific community legislation. Rights of establishment are not to be used to put a person relying on rights derived from movement between member states in a better position than the citizens of the host state to which he moves. The purpose of Article 8 is to enable the incoming applicant to acquire, and thereafter to practise under, the qualification awarded by the host state. Since the Authority exercised a specialist knowledge its decision would have to be clearly irrational before a court could intervene. That had not been shown here.
European Specialist Medical Qualifications Order 1995 - Directive 93/16/EEC - Article 43 EC
1 Cites
[ Bailii ]
Quintavalle, Regina (on the Application of) v Human Fertilisation and Embryology Authority; CA 16-May-2003 - [2003] EWCA Civ 667; Times, 20 May 2003; [2003] 2 WLR 1403; Gazette, 10 July 2003; [2003] 2 AC 687; [2004] QB 168
Regina (Kehoe) v Secretary of State for Work and Pensions Times, 21 May 2003; Gazette, 03 July 2003; [2003] 2 FLR 578
16 May 2003
QBD
Wall J
Child Support, Human Rights, Administrative
The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost. Held: The statute debarred the claimant pursuing her own remedies, and her human rights were therefore engaged. The inability to take a case to court would be an infringement, but she had two remedies. She could seek a judicial review of decisions of the Child Support Agency's actions, and she had a right under section 7 of the 1998 Act for damages. Those powers cured the defect in the 1991 Act.
Child Support Act 1991 8(3) - Human Rights Act 1998 7
1 Cites
1 Citers
[ Bailii ]
Secretary of State for Defence v Shaun Francis Rusling [2003] EWHC 1359 (QB); Times, 17 July 2003
13 Jun 2003
QBD
The Honourable Mr Justice Newman
Administrative, Armed Forces
The applicant sought a war pension, saying he had been affected by 'Gulf War Syndrome.' The Pensions Appeal Tribunal had found the condition to be capable of justifying a pension. The Secretary said the matter had been resolved. Held: The Tribunal had a duty before accepting that a matter was concluded, to ensure that all the issues had been resolved. To do that it was necessary for the Secretary of State to put before the tribunal all relevant material and the full terms of the subsequent decision.
[ Bailii ]
Ann Summers Ltd, Regina (on the Application Of) v Jobcentre Plus Times, 14 July 2003; [2003] EWHC 1416 (Admin); Gazette, 04 September 2003
18 Jun 2003
QBD
Newman J
Administrative
The applicant ran shops selling various goods related to sex practices. It sought judicial review of the respondent's decsion not to allow the applicant to advertise jobs in job centres. Held: The respondent had lost sight of its statutory duty to provide a facility to those seeking work, and those looking for employees. It had concentrated instead on those who might object to employment with the applicant. The basis of the ban was irrational.
[ Bailii ]
Regina v Secretary of State for the Home Department ex parte Anufrijeva; HL 26-Jun-2003 - [2003] UKHL 36; Times, 27 June 2003; Gazette, 04 September 2003; [2003] INLR 521; [2003] HRLR 31; [2003] Imm AR 570; [2004] 2 WLR 603; [2004] 1 AC 604; [2004] 1 All ER 833
Airport Parking and Hotels (Birmingham) Ltd , Regina (on the Application of) v Civil Aviation Authority [2003] EWHC 2106 (Admin)
8 Jul 2003
Admn
Transport, Administrative
[ Bailii ]
Messaoudi, Regina (on the Application Of) v Secretary of State for the Home Department [2003] EWHC 1834 (Admin)
11 Jul 2003
Admn
Administrative
[ Bailii ]
Amin, Regina (on the Application of) v Secretary of State for the Home Department; HL 16-Oct-2003 - [2003] UKHL 51; Times, 17 October 2003; [2003] 3 WLR 1169; Gazette, 20 November 2003; [2004] 1 AC 653; [2004] UKHRR 75; (2004) 76 BMLR 143; [2003] 4 All ER 1264; [2004] HRLR 3; 15 BHRC 362
Freeserve Com Plc, Regina (on the Application Of) v Customs and Excise [2003] EWHC 2736 (Admin)
31 Oct 2003
Admn
Evans-Lombe J
VAT, Administrative
The applicant sought to challenge a decision of the respondent not to charge a US competitor trading within the UK to VAT. They complained that the decision had been affected by irrelevant considerations. Held: A supplier making supplies from outside the UK, is not bound to account for VAT on that supply of services to a UK consumer, except in the supply of telecom services from outside the United Kingdom. Here the letter announcing the decision was not a formal record of decision, but rather explanatory. A proper assessment of the relevant issues appeared to have taken place. The decision not to charge AOL to VAT gave them a substantial competitive advantage, but the commissioners were sensible to allow for forthcoming changes which would remove that advantage. Had it been necessary to make a finding, the court would also have disputed the claimant's standing to make the complaint.
1 Cites
[ Bailii ]
London and Continental Stations and Property Ltd, Regina (on the Application Of) v Rail Regulator and Another [2003] EWHC 2607 (Admin)
7 Nov 2003
Admn
Transport, Administrative
[ Bailii ]
JS Bloor (Wilmslow) Ltd and Others, Regina (on the Application of) v First Secretary of State [2003] EWHC 2754 (Admin)
21 Nov 2003
Admn
Planning, Administrative
[ Bailii ]
In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A; FD 27-Nov-2003 - [2003] EWHC Fam 2746; Times, 05 December 2003; Gazette, 22 January 2004; [2004] EWHC 2746 (Fam); [2004] Fam 96; [2004] Fam Law 179; [2004] 1 FCR 113; [2004] 1 All ER 480; [2004] 2 WLR 926; (2004) 7 CCL Rep 426; (2004) 76 BMLR 210; [2004] BLGR 117; [2004] 1 FLR 541
Regina on the Application of Tromans, and Tromans v Cannock Chase District Council [2003] EWHC 3037 (QB); [2003] EWHC 3236 (Admin)
10 Dec 2003
Admn
Mr Justice Forbes
Planning, Administrative
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Pullen, Regina (on the Application Of) v Health and Safety Executive [2003] EWHC 2934 (Admin)
10 Dec 2003
Admn
Administrative, Health and Safety
Health and Safety at Work etc. Act 1974
[ Bailii ]
