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swarb.co.uk - law indexThese 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. |
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Judicial Review - From: 1995 To: 1995This page lists 14 cases, and was prepared on 08 August 2015. Regina -v- London Borough of Islington, ex parte Hinds; QBD 1995 - (1995) 27 HLR 65 Regina -v- Secretary of State for Education, ex parte G; 1995 - [1995] ELR 58 Re Rooney's Application [1995] NI 398 1995 Northern Ireland, Judicial Review 1 Citers Regina -v- Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd [1995] 1 WLR 386; [1995] 1 ALL ER 611 1995 QBD Rose LJ, Dillon LJ, McCowan LJ Judicial Review, Costs A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to approve support. The applicants, a pressure group involved in giving advice and assistance on issues of aid, requested an assurance that no further assistance would be granted, and sought a judicial review of the respondent to provide that reassurance. The respondent challenged their standing to seek judicial review. Held: The question of standing had to be settled only in the context and merits of the case as a whole. It was not merely a preliminary issue. The importance of vindicating the rule of law, the absence of any other likely interested party, and of the issue in general required the application to proceed. It was for the court to decide whether particular actions fell within the purpose of the Act, but once it did, it was for the respondent to weigh the various factors. In this case the Act required assistance to be given to economically sound projects, but no evidence to support that purpose was available and the respondent's decision was unlawful. The court identified five considerations which militated towards the court's decision that the applicants had a sufficient interest to challenge the lawfulness of this expenditure: i) The importance of vindicating the rule of law; ii) The importance of the issue raised; iii) The likely absence of any other responsible challenger; iv) The nature of the breach of duty against which relief was sought; v) The prominent role of the applicants in giving advice, guidance and assistance with regard to aid. 1 Cites 1 Citers Co Williams Construction Ltd -v- Blackman and Another (Barbados) Gazette, 05 January 1995 5 Jan 1995 PC Judicial Review, Commonwealth Government decision to accept higher tender on ministers advice was reviewable. Regina -v- Secretary of State for Foreign Affairs Ex Parte the World Development Movement Ltd Independent, 11 January 1995; [1995] 1 WLR 386 11 Jan 1995 QBD Judicial Review Judicial Review was granted in respect of a decision to fund the Pergau Dam. There was a possible argument that it involved a misuse of money which had been intended for foreign aid. 1 Citers Mercury Communications Ltd -v- Director General of Telecommunications and Another; HL 10-Feb-1995 - Independent, 16 February 1995; Times, 10 February 1995; [1996] 1 WLR 48; [1995] UKHL 12; [1996] 1 All ER 575; [1995] CLC 266; [1998] Masons CLR Rep 39 Regina -v- Director General of Electricity Supply, Ex Parte Redrow Homes (Northern) Ltd Times, 21 February 1995 21 Feb 1995 QBD Judicial Review, Utilities There was no time limit on the age of a dispute for the Director General to take on the resolution of the dispute. Electricity Act 1989 Regina -v- Customs & Excise Commissioners, Ex Eurotunnel Plc and Others Independent, 23 February 1995; [1995] CLC 392 23 Feb 1995 QBD Judicial Review A Judicial Review application remained time barred despite leave having been given to apply out of time. 1 Citers Regina -v- Secretary of State for the Home Department ex parte Fire Brigades Union; HL 5-Apr-1995 - [1995] 2 AC 513; [1995] UKHL 3; [1995] 2 All ER 244; [1995] 2 WLR 464 Regina -v- Attorney General, ex Parte Taylor and Another Independent, 03 August 1995; Times, 14 August 1995 3 Aug 1995 QBD Contempt of Court, Judicial Review The Attorney General's decisions on the institution of contempt proceedings are not properly subject to judicial review. Regina -v- Hm Commissioners of Inland Revenue, Ex Parte Dhesi Ind Summary, 14 August 1995 14 Aug 1995 QBD Judicial Review Few grounds for Judicial Review of voluntary bill of indictment due to its nature Regina -v- Mayor, Commonalty and Citizens of the City of London, ex parte Matson (1996) 8 Admin LR 49; [1997] 1 WLR 765; [1996] COD 161; 94 LGR 443; (1996) 8 Admin LR 49 18 Aug 1995 CA Neill LJ, Waite LJ, Swinton Thomas LJ Local Government, Judicial Review The court considered the need to give reasons for the election of Aldermen. 1 Cites 1 Citers [ Bailii ] Regina -v- Birmingham Coroner's Court Ex Parte Najada; CA 4-Dec-1995 - Times, 05 December 1995; Ind Summary, 04 December 1995 |
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