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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.  














Judicial Review - From: 1994 To: 1994

This page lists 25 cases, and was prepared on 08 August 2015.

 
Re McGuigan's Application [1994] NI 143
1994


Northern Ireland, Judicial Review

1 Citers


 
Regina (TSW Broadcasting Ltd) -v- Independent Television Commission [1994] 2 LRC 414
1994
HL
Lord Templeman
Judicial Review, Media
Lord Templeman said: "Judicial review does not issue merely because a decision maker has made a mistake and it is not permissible to probe the advice received by the decision maker or to require particulars or administer· interrogatories or, as Mr Pollock on behalf of TSW suggested, to cross-examine in order to discover the existence of a mistake by the decision maker or the advisers to the decision makers. An applicant for judicial review must show more than a mistake on the part of the decision maker or his advisers. Where a decision is made in good faith following a proper procedure and as a result of conscientious consideration, an applicant for judicial review is not entitled to relief save on the grounds established by Lord Greene MR in Associated Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223 at 229."
1 Citers


 
Regina -v- Secretary of State for Health ex parte Furneaux [1994] 2 All ER 652; (1993) 17 BMLR 49
1994
CA

Judicial Review
The court is entitled to refuse a request for judicial review on the sole ground of delay without any requirement of a causal link between the delay and any prejudice. Mere tardiness or incompetence of legal or other advisors is normally not a good ground for the grant of leave to bring a case out of time, the remedy of the client being to sue those advisors. A satisfactory explanation may however be available. The court retained a discretion under s 31(6) of the 1981 Act to refuse, on the grounds of undue delay, leave to make the application or the relief sought if it considered that the grant of relief would substantially prejudice the rights of another person.
Supreme Court Act 1981 31(6)
1 Citers


 
Regina -v- Insurance Ombudsman Bureau and Another Ex Parte Aegon Life Assurance Ltd Times, 07 January 1994; Independent, 11 January 1994
7 Jan 1994
QBD

Insurance, Judicial Review
Insurance Ombudsman is a voluntary scheme, depending upon contractual consent, and so is not judicially reviewable.

 
Regina -v- Darlington Borough Council Ex Parte Association of Darlington Taxi Owners and Darlington Owner Drivers Association Independent, 13 January 1994; Times, 21 January 1994
13 Jan 1994
QBD

Litigation Practice, Judicial Review, Company
The court should distinguish the concepts of locus standi and capacity when considering applications for judicial review. An unincorporated association is not a legal person and may not seek Judicial Review.
Rules of the Supreme Court Order 53 3(7)
1 Citers


 
Regina -v- Leeds City Council ex parte Hendry Times, 20 January 1994
20 Jan 1994
QBD

Judicial Review
Judicial Review might be appropriate despite the existence of a possible route of appeal.

 
Dollar Land (Feltham) Ltd and Others -v- Commissioners of Customs & Excise Times, 02 February 1994
2 Feb 1994
QBD

VAT, Judicial Review
The Commissioner's exercise of their powers to impose a discretionary surcharge was not appeallable. An applicant wanting to challenge a surcharge should use a judicial review.

 
Inlend Revenue Commissioners -v- S G Warburg & Co Ltd Ind Summary, 24 April 1994
24 Apr 1994
QBD

Judicial Review
Judicial Review was not available a where decision not Wednesbury unreasonable and there remained a right of appeal.


 
 Regina -v- Secretary of State for Home Department Ex Parte Fire Brigades Union and Others; QBD 24-May-1994 - Times, 30 May 1994; Independent, 24 May 1994
 
Regina -v- Hampshire County Council ex parte W Times, 09 June 1994
9 Jun 1994


Judicial Review
A court reviewing a decision must apply a straightforward factual test based on all the material before the reviewing body.
1 Citers


 
Regina -v- Secretary of State of State for Home Department Ex Parte Adams Independent, 27 July 1994
27 Jul 1994
QBD

Judicial Review
Exclusion orders were not to be accompanied by reasons and so were not judicially reviewable.
Prevention of Terrorism (Temporary Provisions) Act 1989 5

 
Regina -v- Secretary of State for Health, Ex parte Hackney London Borough Council Unreported 29 July 1994; Court of Appeal (Civil Division) Transcript No 1037 of 1994
29 Jul 1994
CA
Sir Thomas Bingham MR
Judicial Review

1 Citers


 
Regina -v- Council of Legal Education Ex Parte Halstead and Others Times, 11 August 1994; Independent, 09 August 1994
9 Aug 1994
QBD

Legal Professions, Judicial Review
Judicial Review not available to challenge the Bar vocational course - should petition Visitors of Inns.


 
 In Re E (No 2); CA 11-Aug-1994 - Times, 11 August 1994; Ind Summary, 15 August 1994
 
Regina -v- Newcastle Under Lyme Magistrates Court Ex Parte Massey and Others Independent, 07 October 1994; Times, 13 October 1994; [1994] 1 WLR 1684
7 Oct 1994
QBD

Magistrates, Judicial Review, Costs
Guidance was given on orders for payment of costs by justices who found themselves respondents to judicial review proceedings. Justices who refused consent to quash a committal and failing to appear may be subject to such orders.
1 Cites

1 Citers


 
Regina -v- Governors of Haberdashers' Aske's Hatcham College Trust Ex Parte Tyrell Times, 19 October 1994; Independent, 12 October 1994
12 Oct 1994
QBD

Judicial Review, Education
Admission decisions of City Technology Colleges are susceptible to Judicial review.


 
 Regina -v- Maidstone Crown Court Ex Parte Hollstein; QBD 14-Oct-1994 - Times, 04 November 1994; Independent, 14 October 1994
 
Blair -v- Lochaber District Council Times, 04 November 1994
4 Nov 1994
OHCS

Judicial Review, Employment, Scotland
A decision made within the confines of an employment contract is not susceptible to judicial review since no sufficient public law interest is involved even though the employer was a public authority.

 
Regina -v- Secretary of State for National Heritage and Another , Ex Parte Paul Getty Trust Ind Summary, 07 November 1994
7 Nov 1994
CA

Judicial Review
A further extension of a time limit was not unreasonable despite an earlier assurance having been given.


 
 In Re Southgate's Application; CA 8-Nov-1994 - Times, 08 November 1994

 
 Regina -v- Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd; Admn 10-Nov-1994 - [1994] EWHC Admin 1; [1995] 1 WLR 386; [1995] 1 All ER 611; [1995] COD 211

 
 Regina -v- Secretary of State for Home Department Ex Parte Fire Brigades Union and Others; CA 10-Nov-1994 - Times, 10 November 1994; Independent, 10 November 1994; [1995] 2 WLR 1

 
 Regina -v- Commissioner of Police of the Metropolis and Another Ex Parte Bennett; QBD 10-Nov-1994 - Times, 10 November 1994; Ind Summary, 09 January 1995
 
Regina -v- Ssat Chairman Ex Parte O'Hara Gazette, 07 December 1994
7 Dec 1994
QBD

Benefits, Judicial Review
Chairman's refusal to allow renewal of an appeal out of time for a claimant with Down's syndrome was not Wednesbury unreasonable. The regulations expressly forbade a renewal of such an application once refused.

 
Regina -v- Broadcasting Complaints Commission Ex Parte Granada Television Ltd Gazette, 15 February 1995; Ind Summary, 20 February 1995; Times, 16 December 1994; [1995] EMLR 16
16 Dec 1994
CA

Intellectual Property, Media, Judicial Review, Information
The Broadasting Complaints Commission had been established to determine questions of privacy, and the courts should be slow to intervene. The right of privacy of an individual had not been lost by past publicity. That privacy had been infringed by the broadcast complained of, and the commissions decision was not unreasonable. The privacy of bereaved families was infringed by photographs even if the family was otherwise notorious.
Broadcasting Act 1990 143
1 Cites

1 Citers


 
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