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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: 2004 To: 2004

This page lists 15 cases, and was prepared on 02 April 2018.


 
 Cavanagh, Bhatt, Redmond v The Health Service Commissione; Admn 2004 - [2004] EWHC 1847 (Admin

 
 Bradley v Jockey Club; QBD 2004 - [2004] EWHC 2164 (QB)
 
Denfleet International Ltd v NHS Purchasing and Supply Agency [2005] EWHC 55 (Admin)
26 Jan 2004
Admn

Administrative

[ Bailii ]
 
Grossmann Air Service, Bedarfsluftfahrtunternehmen GmbH and Co. KG v Republik Osterreich C-230/02; [2004] EUECJ C-230/02; [2004] ECR I-1829
12 Feb 2004
ECJ

Administrative
ECJ Public procurement - Directive 89/665/EEC - Review procedures for the award of public contracts - Articles 1(3) and 2(1)(b) - Persons to whom review procedures must be available - Definition of interest in obtaining a public contract.
Directive 89/665/EEC
[ Bailii ]
 
Kumar, Regina (on the Application of) v The Home Office [2004] EWHC 654 (Admin)
18 Feb 2004
Admn

Administrative
Renewed application for leave to appeal refusals of judicial review - delay in return of passport.
[ Bailii ]
 
Banks and Another v Secretary of State for Environment, Food and Rural Affairs [2004] EWHC 416 (Admin); Times, 19 April 2004
15 Mar 2004
Admn
Sullivan J
Agriculture, Administrative
The claimant sought a review of the respondent's failure to deal fairly with him by not making proper disclosure of information upon which it had relied in making a movement restriction notice as regarded the claimant's herd of beef cattle. Trading Standards Officers had called at the farm and removed samples of what they suspected were inappropriate animal foodstuffs. They went on to make the order. Held: The responses, far from being full, had been evasive. They had withheld evidence, failed to state the basis of their claim, and misrepresented the evidence. The statement was a 'travesty of the truth' The defendants had substantial loss but with no apparent means of financial redress.
1 Cites

[ Bailii ]
 
Stancliffe Stone Company Ltd v Peak District National Park Authority [2004] EWHC 1475 (QB)
22 Jun 2004
QBD
Moore-Bick J
Administrative, Planning
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately. Held: The claim failed, the claimant had not established that the permission had not lapsed. "it is not open to the court to make a declaration which purports to permit that which it was Parliament's clear intention to forbid. The court cannot make the declaration in the terms sought under 3 and 4 while the list remains – or is read - in its present form." The authority would not have been entitled to rely upon an estoppel by convention, but in any event the case should have been dealt with by an application for judicial review and be subject to the strict timetables applicable to judicial review.
1 Cites

1 Citers

[ Bailii ]
 
A and Kanidagli, Regina (on the Application Of) v Secretary of State for Home Department [2004] EWHC 1585 (Admin)
6 Jul 2004
Admn
Keith J
Administrative, Torts - Other, Negligence
The claimants, having been granted leave to remain in the UK, sought damages saying that maladministration by the defendant had led to serious delays in their receiving statutory welfare benefits. Held: It was fair, just and reasonable that an administrative error of this kind, involving no judgement but simple administration and with a predictable financial effect for which there was no other remedy, should be regarded as arising out of a sufficiently proximate relationship to found a claim for damages.
1 Citers

[ Bailii ]

 
 Commission v Italy; ECJ 13-Jul-2004 - C-82/03; [2004] EUECJ C-82/03
 
Tromans, Regina (on the Application of) v Cannock Chase District Council and Another [2004] EWCA Civ 1036; Times, 25 August 2004
28 Jul 2004
CA
Kay, Lord Justice Kay Lord Justice Latham The President Of The Family Division
Judicial Review, Administrative
It was alleged that there had been a miscounting of votes in the planning committee, or that they had come to an equality of votes. There were no procedures in place to resolve the impasse. Held: In the absence of directly applicable authority, the council was under an obligation to act fairly. The committee had continued without the objections being made known to the chair by the head of Planning Services. Had the objections been made known the matter could have been dealt with relatively easily. There was a procedural unfairness, and the review was granted.
1 Cites

1 Citers

[ Bailii ]

 
 Bradley v The Jockey Club; QBD 1-Oct-2004 - [2004] EWHC 2164 (QB)
 
Sintesi SpA v Autorita per la Vigilanza sui Lavori Pubblici C-247/02; [2004] EUECJ C-247/02; [2005] 1 CMLR 12; [2004] ECR I-9215
7 Oct 2004
ECJ
CWA Timmermans, P
Administrative
Approximation Of Laws - Directive 93/37/EEC - Public works contracts - Award of contracts - Right of the contracting authority to choose between the criterion of the lower price and that of the more economically advantageous tender
Directive 93/37/EEC
1 Citers

[ Bailii ]
 
The Refugee Legal Centre, Regina (on the Application of) v Secretary of State for the Home Department [2004] EWCA Civ 1481; Times, 24 November 2004; [2005] 1 WLR 2219
12 Nov 2004
CA
Lord Justice Chadwick, Lord Justice Sedley And Lord Justice Dyson
Immigration, Administrative
The applicant alleged that the fast track system of selecting and dealing with unmeritorious asylum claims was unfair and unlawful. Held: The system was not inherently unfair and therefore unlawful and clear written instructions would suffice to concentrate the officials' minds on the proper ingredients of fair procedure. It allowed two principle remedies for any unfairness. There would be access even if retrospective, to the justice system, and, as in this case relief was given after appropriate judicial intervention. The choice of a fair system was in the first instance the responsibility of the executive, which could properly allow for political and similar imperatives, but it could not choose a method of achieving those aims which sacrificed fairness. Courts would look to the individual interests at issue, the benefits to be derived from added procedural safeguards, and the costs to the administration of compliance. The nature of asylum standards required the highest standards of fairness. Although there remained failings which must be addressed: "we do not consider that the system itself is inherently unfair and therefore unlawful. On the contrary, so long as it operates flexibly - as the Home Office accepts it should – the system can operate without an unacceptable risk of unfairness."
1 Cites

1 Citers

[ Bailii ]
 
Regina ex parte Grecian v Secretary of State for the Home Department CO/5706/02; Unreported, 3 December 2004
3 Dec 2004

Henriques J
Administrative

1 Citers


 
CH and Another v Sutton and Merton Primary Care Trust [2004] EWHC 2984 (Admin)
22 Dec 2004
Admn
Wilson J
Health, Administrative

[ Bailii ]
 
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