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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: 1999 To: 1999

This page lists 28 cases, and was prepared on 08 August 2015.


 
 Regina -v- Education Committee of Blackpool Borough Council ex parte Taylor; 1999 - [1999] ELR 237
 
Regina -v- Winchester Crown Court ex parte P B (A Minor) Times, 08 January 1999; Gazette, 03 February 1999
8 Jan 1999
QBD

Judicial Review, Media, Children
A Crown Court judge's decision to allow naming of a youth appearing before it, was a matter for the judge's discretion, and was not susceptible to judicial review proceedings. Such orders are analogous to contempt orders, tending to influence the trial.
Children and Young Persons Act 1933 39(1) - Contempt of Court Act 1981 11

 
Regina -v- Worcester Health Authority ex parte Kidderminster and District Community Health Council [1999] EWHC Admin 38
18 Jan 1999
Admn

Judicial Review

1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Ipswich County Court and Governors of Otley College, ex parte Kay Etienne Badibanga [1999] EWHC Admin 51
22 Jan 1999
Admn

Judicial Review, Education

[ Bailii ]
 
Ex P Nacion Times, 03 February 1999
3 Feb 1999
CA

Judicial Review
It was appropriate to apply to review a failure by a local authority to consider exercising its discretion to support a housing applicant pending an appeal, but not where the authority considered but rejected exercising its discretion.


 
 Regina -v- Bow County Court Ex parte Pelling; QBD 8-Mar-1999 - Times, 08 March 1999; [1999] EWHC Admin 181

 
 Regina -v- Criminal Injuries Compensation Board Ex Parte A; HL 11-Mar-1999 - Times, 26 March 1999; Gazette, 28 April 1999; [1999] UKHL 21; [1999] 2 AC 330; [1999] 2 WLR 974; [1999] QB 659
 
Kulwinder Singh Saini (Ap) -v- for Judicial Review of a Decision of the Secretary of State for the Home Department [1999] ScotCS 78
12 Mar 1999
SCS

Scotland, Judicial Review, Immigration

[ Bailii ]
 
Ex Parte Nacion Gazette, 17 March 1999
17 Mar 1999
CA

Judicial Review, Housing, Local Government
It was appropriate to apply to judicially review a failure by a local authority to consider exercising its discretion to support a housing applicant pending an appeal, but not where the authority considered but rejected the opportunity to exercise its discretion.

 
Regina -v- Criminal Injuries Compensation Board ex parte Marsden (a Minor) By her Next Friend and Mother Marsden [1999] EWCA Civ 1067
23 Mar 1999
CA

Judicial Review, Personal Injury

[ Bailii ]
 
Regina -v- Lichfield District Council Christopher John Nanscawen Williams and ex parte Lichfield Securities Limited [1999] EWHC Admin 291
1 Apr 1999
Admn

Judicial Review

1 Citers

[ Bailii ]

 
 Regina -v- Secretary of State for the Home Department ex parte Anthony Garner, Jonathan Ian Carter, William Thompson, Mohamed Tawfick, John Henry Taylor; Admn 19-Apr-1999 - Times, 03 May 1999; [1999] EWHC Admin 320
 
Regina -v- Manchester Health Authority ex parte Balamoody [1999] EWHC Admin 328
21 Apr 1999
Admn
Harrison J
Judicial Review, Health Professions
The applicant sought leave to bring judicial review. In seeking to extend his nursing home he said that the respondent had allowed him to execute works to allow 38 patients, but had then only registered the home for 16 patients. Held. The decision complained off had been some seven years earlier, and he was required to bring his claim promptly and in any event within three months. The explanation for the delay was unsatisfactory, and the claim was rejected.
1 Cites

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Meneiza Rivelino [1999] EWCA Civ 1341
5 May 1999
CA

Judicial Review, Immigration

[ Bailii ]

 
 Regina -v- Housing Corporation ex parte Rodgers; Admn 11-May-1999 - [1999] EWHC Admin 421
 
Regina -v- Worcestershire Health Council (Arising From the Complaint of Kidderminster and District Community Health Council) [1999] EWCA Civ 1525
28 May 1999
CA
Simon Brown, Auld, Thorpe LJJ
Judicial Review
The respondent had planned to downgrade a local hospital, closing the accident and emergency department. This was a renewed application for leave to seek judicial review of the plan. The health authority initially developed and had before them seven options. These they narrowed down to a single preferred option and then consulted solely upon this proposal. Held: Although alternative proposals had been mentioned, the only one of sufficient cogency to trigger a duty to consult was the instant case on which consultation had taken place. Leave was refused.
The Community Health Councils Regulations 1996
1 Cites

[ Bailii ]
 
Regina -v- In the Matter of an Application for Permission To Apply for Judicial Review Director of Public Prosecutions ex parte Hayrettin Bora [1998] EWCA Crim 3526; [1999] EWHC Admin 545
14 Jun 1999
Admn
Lord Justice Auld Mr Justice Latham His Honour Judge Myerson
Criminal Practice, Judicial Review

[ Bailii ]

 
 Regina -v- Secretary of State for Foreign and Commonwealth Affairs ex parte Ferhut Butt; CA 9-Jul-1999 - [1999] EWCA Civ 1803
 
In the Matter of an Application for Judicial Review [1999] EWHC Admin 714
20 Jul 1999
Admn

Judicial Review

[ Bailii ]
 
Regina -v- Durham County Council Sherburn Stone Company Limited ex parte Huddlestone [1999] EWHC Admin 745
28 Jul 1999
Admn

Planning, Judicial Review

1 Cites

1 Citers

[ Bailii ]
 
A and Others, Regina (on the Application of) -v- Lord Saville of Newdigate and others Times, 29 July 1999; [1999] EWCA Civ 3012; [2000] 1 WLR 1855; [1999] 4 All ER 860
28 Jul 1999
CA
Lord Woold MR, Robert Walker LJ, Tuckey LJ
Judicial Review
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such evidence. The need for openness at such an inquiry did not outweigh the protection needed. After such a long time, some names were known already to those who wanted them. Lord Woolf MR "What is important to note is that when a fundamental right such as the right to life is engaged, the options available to the reasonable decision-maker are curtailed. They are curtailed because it is unreasonable to reach a decision which contravenes or could contravene human rights unless there are sufficiently significant countervailing considerations. In other words it is not open to the decision-maker to risk interfering with the fundamental rights in the absence of compelling justification. Even the broadest discretion is constrained by the need for there to be countervailing circumstances justifying interference with human rights. The courts will anxiously scrutinise the strength of the countervailing circumstances and the degree of the interference with the human right involved and then apply the test accepted by Sir Thomas Bingham MR in R v Ministry of Defence ex parte Smith [1996] QB 517 which is not in issue.” and "Although all three judgments in the Divisional Court gave very careful consideration to the issues which are before us, in a case of this sort, the outcome of this appeal involves our having to analyse the second decision of the tribunal afresh. We have to form our own judgment as to whether it is flawed on the grounds of unfairness or lack of reasonableness."“
Tribunals of Inquiry (Evidence) Act 1921 2
1 Cites

1 Citers

[ Bailii ]

 
 Regina -v- Secretary of State for the Environment, Transport and the Regions, ex parte O'Byrne; Admn 20-Aug-1999 - Times, 12 November 1999; [1999] EWHC Admin 811

 
 Regina -v- Department of Education and Employment ex parte Begbie; CA 20-Aug-1999 - Times, 14 September 1999; Gazette, 15 September 1999; [1999] EWCA Civ 2100; [2000] 1 WLR 1115; [2000] Ed CR 140; [2000] ELR 445
 
Regina -v- North West Leicestershire District Council Gazette, 29 September 1999
29 Sep 1999
QBD

Judicial Review
The applicant sought review several years after a decision allowing an extension of a runway, having come to be affected by the increase in noise. She said the decision should only have been made after an assessment of the consequential environmental impact. She moved before the application was heard. Since she was no longer a person affected by the decision. Her application was refused.
1 Citers


 
The Royal Society for the Protection of Birds and the Wildfowl and Wetlands Trust Ltd for Judicial Review of A Decision of the Secretary of State To Grant Licences To Shhot Barnacle Geese Times, 14 December 1999; [1999] ScotCS 239
14 Oct 1999
OHCS
Lord Johnston
Environment, European, Judicial Review, Scotland
When reviewing a decision applying European law, that procedure was the same as for testing a decision made under English law. There is no provision for the examination of factual basis of the decision. When assessing whether a licence was to be granted for the shooting of a protected species, the test for such a licence was the protection of crops. The view of whether the survival of the species was threatened was to be looked at in the light of the entire population,. Not just that at the license site.
EC Birds Directive 79/409/EEC
[ Bailii ] - [ ScotC ]

 
 Regina -v- Director of Public Prosecutions, ex parte Kebeline and others; HL 28-Oct-1999 - Times, 02 November 1999; Gazette, 10 November 1999; [1999] UKHL 43; [2000] 2 AC 326; [1999] 3 WLR 972; [2000] Crim LR 486; [1999] 4 All ER 801; [2000] 1 Cr App Rep 275
 
Regina -v- Advertising Standards Authority Ltd,ex parte Charles Robertson (Developments) Ltd Times, 26 November 1999
26 Nov 1999
QBD

Media, Judicial Review
The decision as to whether material constituted an advertisement was one for the Authority to decide, and was not reviewable unless the true and contrary conclusion opposed the Authority's finding. Articles written as a column in a newspaper the space for which was bought by the author were capable of being advertisements, and the Authority had jurisdiction to adjudicate.

 
Regina -v- Uxbridge Magistrates Court, Ex Parte Patel; Regina -v- City of London Magistrates Court, Ex Parte Cropper Times, 07 December 1999; Gazette, 07 January 2000; [1999] 164 JP 209
7 Dec 1999
QBD

Criminal Practice, Judicial Review
There is no rule to say that the investigation of an offence cannot begin until after it has been committed. For the Act, the meaning of 'criminal investigation' has the same meaning in Part I as in Part II, and accordingly, where an investigation into an offence begins before the cut off point after which old, full-style committals cease to be available, and the offence is committed after that date, an old style committal remains available. "In particular this may be so in a surveillance case or where a series of offences is committed, some before and some after the appointed day. Whether, of course, in any given case that is the correct view will be a question of fact for the examining magistrates. They must … ask themselves the simple question: when did the criminal investigation of this offence begin?"
Criminal Procedure and Investigations Act 1996
1 Cites

1 Citers


 
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