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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: 1997 To: 1997

This page lists 41 cases, and was prepared on 08 August 2015.

 
Regina -v- Secretary of State for the Environment ex parte Shelter [1997] COD 49
1997

Carnwath J
Costs, Judicial Review
The court refused to make a costs order against Shelter on the grounds that: (i) there were already pending before the court a sequence of individual cases raising precisely the same issue; (ii) the legal question raised was of genuine public interest; (iii) the applicant's involvement had assisted the court in determining the issue speedily; and (iv) had the matter been determined in separate proceedings, it was likely that any applicant would have been legally aided, and thus the burden of his/her costs would have fallen upon the tax payer and the respondent would not have obtained an order for his costs.
1 Citers


 
Regina -v- Secretary of State for the Environment, Ex p Islington London Borough Council and the London Lesbian and Gay Centre [1997] JR 121
1997


Judicial Review
Unless there is some prima facie case for suggesting that the evidence relied upon by the deciding authority is in some respects incorrect or inadequate it is improper to allow disclosure of documents, the only purpose of which would be to act as a challenge to the accuracy of the affidavit evidence.
1 Citers



 
 Regina -v- Warwickshire County Council Ex Parte Powergen Plc; QBD 9-Jan-1997 - Times, 09 January 1997; (1998) 96 LGR 17
 
ex parte Moore [1997] EWHC Admin 87
30 Jan 1997
Admn
Ognall J
Judicial Review
Refusal - for delay.
[ Bailii ]
 
Regina -v- Hereford Magistrates' Court (ex parte Tracy Rowlands) Regina -v- Hereford Magistrates' Court (ex parte Karl David Ingram) Regina -v- Harrow Youth Court (ex parte Gary Prussia) [1997] EWHC Admin 119; [1998] QB 110; [1997] 2 Cr App R 341
10 Feb 1997
Admn
Lord Justice Bingham,
Magistrates, Judicial Review
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical exercise of comparing previous delays in those cases with the delays in the instant applications, and hard and fast rules should not be sought. Justices should fully examine the applications for delay, their reasons and consequences for the parties. They must decide what is fair in all those circumstances. The divisional Court will only interfere with the exercise of the Justices’ discretion where a refusal will cause substantial unfairness to one of the parties, arising when a defendant cannot present his case. Defendants should not be permitted to frustrate a speedy trial without substantial grounds. Summary justice is speedy justice. This is not merely administrative convenience. Last minute adjournments deprive other defendants of speedy trials when recollections are fresh, and delays cause frustration in Justices. The rulings of the divisional court should not inhibit Justices from refusing repeated applications for adjournments where appropriate.
Magistrates Court Act 1980 10(1)
1 Cites

1 Citers

[ Bailii ]

 
 Regina -v- Truro Crown Court ex parte Adair; Admn 12-Feb-1997 - [1997] EWHC Admin 135
 
Regina -v- Secretary of State for Home Department ex parte Gebreyesus [1997] EWHC Admin 158
18 Feb 1997
Admn

Judicial Review, Immigration

[ Bailii ]
 
Regina -v- London Borough of Harrow ex parte Khadija Fahia [1997] EWCA Civ 1191
7 Mar 1997
CA

Judicial Review

1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Staffordshire County Council ex parte Farley [1997] EWHC Admin 345
8 Apr 1997
Admn

Judicial Review

[ Bailii ]
 
Regina -v- Lambeth London Borough Council Ex Parte Ogunmuyiwa Times, 17 April 1997
17 Apr 1997
QBD

Judicial Review
A Judicial Review was available after a Local Authority decision to review its own decision was gone back on.

 
Regina -v- Somerset County Council, ARC Southern Limited ex parte Richard Dixon [1997] EWHC Admin 393; [1998] Env LR 111
18 Apr 1997
Admn
Sedley J
Judicial Review, Local Government, Planning

1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Cotswold District Council and others ex parte Barrington Parish Council [1997] EWHC Admin 407; [1997] 75 P&CR 515
24 Apr 1997
Admn

Planning, Judicial review
The parish council sought judicial review of the district council's planning decision. The respondents complained at the lack of promptness in the application, and suggested a lack of standing to complain.
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Institute of Chartered Accountants In England and Wales ex parte Nawaz [1997] EWCA Civ 1530
25 Apr 1997
CA

Judicial Review, Human Rights

1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Hamid Habibi [1997] EWCA Civ 1552
29 Apr 1997
CA

Judicial Review, Immigration

1 Cites

[ Bailii ]
 
Boyle -v- Castlemilk East Housing Co-Operative Ltd Times, 16 May 1997
16 May 1997
OHCS

Judicial Review
Judicial review available to challenge refusal of authority to pay where requirement for written application excluded right to sue.


 
 Regina -v- Criminal Injuries Compensation Board ex parte Avraam; CA 16-May-1997 - Gazette, 18 June 1997; Times, 06 June 1997; [1997] EWCA Civ 1729
 
Regina -v- Ceredigion County Council ex parte McKeown [1997] EWHC Admin 526; [1998] 2 PLR 1; [1997] COD 463
6 Jun 1997
Admn
Laws J
Planning, Judicial Review
The claimant sought judicial review of the grant of planning permission for a wind farm. Laws J said that it was nearly impossible to conceive of a case in which leave to move for judicial review would be granted to attack a planning permission when the application was lodged more than six weeks after the planning permission had been granted.
1 Citers

[ Bailii ]

 
 Regina -v- Metropolitan Stipendiary Magistrates ex parte Levy; Admn 16-Jun-1997 - [1997] EWHC Admin 559
 
Regina -v- University College London ex parte Dr Christofi [1997] EWHC Admin 571
18 Jun 1997
Admn

Judicial Review

[ Bailii ]

 
 Regina -v- Newbury District Council and Newbury and District Agricultural Society ex parte Chieveley Parish Council; Admn 23-Jun-1997 - Times, 22 July 1997; [1997] EWHC Admin 585
 
Regina -v- Enfield Magistrates (Sitting at Tottenham) ex parte Peter Loi [1997] EWCA Civ 1943
24 Jun 1997
CA

Judicial Review

[ Bailii ]
 
Chessington World of Adventures Ltd -v- Reed [1998] ICR 97; [1997] IRLR 556; [1997] UKEAT 1063_96_2706
27 Jun 1997
EAT
Morison J
Employment, Discrimination, Judicial Review
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination associated with a gender re-assignment process was not sex discrimination within the Act.
Sex Discrimination Act 1975
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Ipswich Magistrates' Court ex parte Badibanga [1997] EWHC Admin 638
7 Jul 1997
Admn

Crime, Judicial Review

[ Bailii ]
 
Regina -v- Camberwell Green Magistrates' Court ex parte Kirkby [1997] EWCA Civ 2102
15 Jul 1997
CA

Judicial Review, Magistrates

[ Bailii ]

 
 Regina -v- National Trust for Places of Historic Interest Or Natural Beauty ex parte Scott, Summerskill and others; Admn 16-Jul-1997 - [1997] EWHC Admin 694
 
Regina -v- Secretary of State for Home Department ex parte Peter Daniel Harrison [1997] EWCA Civ 2122; [1997] JR 113
16 Jul 1997
CA

Judicial Review
In judicial review the court is not required to consider the route by which the impugned decision is reached, but only the terminus.
1 Citers

[ Bailii ]
 
Regina -v- Arts Council of England ex parte Women's Playhouse Trust Times, 20 August 1997; [1997] EWHC Admin 723
29 Jul 1997
Admn

Judicial Review
The Court will not allow cross examination on a witness affidavit in judicial review proceedings save if the evidence has been misleading or materially incomplete.
1 Cites

[ Bailii ]

 
 Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund -v- Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) -v- Sheffield City Council; CA 31-Jul-1997 - Times, 20 August 1997; [1997] 4 All ER 747; [1997] EWCA Civ 2257; [1998] 1 WLR 840
 
Regina -v- London Borough of Newham ex parte Jenner [1997] EWCA Civ 2294
12 Aug 1997
CA

Judicial Review, Housing

[ Bailii ]
 
In the Matter of an Application for Judicial Review Yogeswary Thurairajah -v- Secretary of State for Home Department [1997] EWCA Civ 2338
11 Sep 1997
CA

Judicial Review, Immigration

[ Bailii ]

 
 Regina -v- Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others; QBD 1-Oct-1997 - Times, 26 November 1997; [1997] EWHC Admin 820; [1999] 1 WLR 564; [1998] 1 All ER 65; [1998] Crim LR 290
 
Regina -v- Leeds Metropolitan University ex parte Manders [1997] EWHC Admin 852
9 Oct 1997
Admn

Education, Judicial Review
The claimant complained that his examinations had been wrongly marked, failing to allow for his chronic fatigue syndrome. He had recorded a tutorial in which he claimed he had been abused. The Deputy Vice Chancellor had said the tape was unclear and possible edited. Held: The evidence did not establish bias and the complaint for judicial review had been deleyed very considerably. Review was refused.
[ Bailii ]
 
Regina -v- British Broadcasting Corporation ex parte Bruno Febo Quintavelle (PPC for the Prolife Alliance) [1997] EWCA Civ 2531
20 Oct 1997
CA
The Master of The Rolls, Lord Woolf, Lord Justice Aldous, Lord Justice Chadwick
Elections, Media, Judicial Review
The applicant stood for Parliament, but the respondent had refused to show his party election broadcast on the grounds of its lack of taste and decency. He had sought to demonstrate the evils of abortion, and now renewed his application for leave to bring judicial review of the decision. Held: It was not arguable that the respondent's decision was perverse, and the election having passed, no further virtue was to be served by conducting a full review. Each such decision would be on its own merits.
1 Cites

[ Bailii ]
 
King -v- East Ayrshire Council Times, 03 November 1997; 1998 SC 182
3 Nov 1997
IHCS

Education, Scotland, Judicial Review
An application for the closure of a school need not be based upon an assessment of school's pupil capacity as at time of assessment. The court may exercise its discretion to refuse judicial review where that is appropriate, having regard to the public interest in public authorities and third parties not being kept in suspense as to the legal validity of a decision for any longer than is absolutely necessary in fairness to the person affected by it.
Education (Publication and Consultation (Scotland)) Regulations 1985 (1985 No 1558) am
1 Cites

1 Citers


 
Regina -v- Parliamentary Commissioner for Standards Ex Parte Al-Fayed Gazette, 05 November 1997; [1997] EWCA Civ 2488; [1997] EWHC Admin 409; [1998] 1 WLR 669
5 Nov 1997
CA
Lord Woolf MR
Judicial Review, Constitutional
The Parliamentary Commissioner for Standards had published a report relating to a complaint by the applicant against a Member of Parliament. Held: The applicant sought permission to challenge this by judicial review. The applicant's appeal failed. No judicial review was possible of the workings of the Parliamentary Commissioner for Standards despite the absence of any Appeal from his findings. To allow a judicial review would be to impugn the House of Commons. Lord Woolf MR said: "Activities of government are the basic fare of judicial review. Activities of Parliament are not the basic fare of judicial review. Indeed activities of Parliament are accepted in general by Mr. Pannick to be not subject to judicial review. If I may put it this way, if what was being sought here was judicial review of the Standing Committee responsible for supervising the activities of the Parliamentary Commissioner for Standards, Mr. Pannick would accept that judicial review was not available." and "The focus of the Parliamentary Commissioner for Standards is on the propriety of the workings and the activities of those engaged within Parliament. He is one of the means by which the select committee set up by the House carries out its functions, which are accepted to be part of the proceedings of the House. This being the role of the Parliamentary Commissioner for Standards, it would be inappropriate for this court to use its supervisory powers to control what the Parliamentary Commissioner for Standards does in relation to an investigation of this sort. The responsibility for supervising the Parliamentary Commissioner for Standards is placed by Parliament, through its standing orders, on the Committee of Standards and Privileges of the House, and it is for that body to perform that role and not the courts."
1 Citers

[ Bailii ] - [ Bailii ]
 
Regina -v- Broadmoor Special Hospital Authority; Secretary of State for Department of Health ex parte S H and D [1997] EWCA Civ 2875
2 Dec 1997
CA

Judicial Review, Health

[ Bailii ]

 
 Regina -v- Bassetlaw District Council, Ex parte Oxby; CA 11-Dec-1997 - [1997] EWCA Civ 2960; [1998] PLCR 283

 
 Regina -v- Secretary of State for Home Department ex parte Hindley; Admn 18-Dec-1997 - Times, 19 December 1997; [1997] EWHC Admin 1159; [1998] QB 751; [1998] COD 171; [1998] 2 WLR 505
 
Council for Licensed Conveyancers -v- Paul Mooney and Kathleen Mooney (By Original Action) and Between Paul Mooney -v- Council for Licensed Conveyancers and Angela Viney [1997] EWCA Civ 3038
18 Dec 1997
CA

Legal Professions, Judicial Review
The respondent's practice had suffered intervention by the Council. He complained that they had not followed the required procedure. Held: The notices were lawful. The issues were ones of public law, and the respondent was required to frame his claim by way of judicial review, and to use an ordinary action would be an abuse of process. This was not a case in which the public law element was incidental.
Administration of Justice Act 1985 31
1 Cites

[ Bailii ]
 
Regina -v- Brentwood Borough Council Ex Parte Peck Times, 18 December 1997; [1997] EWHC Admin 1041
18 Dec 1997
Admn
Harrison J
Intellectual Property, Judicial Review, Local Government, Media
The claimant sought judicial review of the authority's distribution to the media of a CCTV film of his attempted suicide. Held: A Local Authority which was empowered to make video recording of street events had a power to distribute resulting film being unaware of objection.
Criminal Justice and Public Order Act 1994 111
1 Citers

[ Bailii ]
 
Regina -v- Bolton Metropolitan Council ex parte Roger Arthur Kirkhan [1997] EWHC Admin 1167
19 Dec 1997
Admn

Environment, Judicial Review

1 Cites

1 Citers

[ Bailii ]
 
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