swarb.co.uk - law index
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Judicial Review - From: 2004 To: 2004
This page lists 10 cases, and was prepared on 08 August 2015.
Belize Alliance of Conservation Non-Governmental Organisations -v- The Department of the Environment Belize Electric Company Limited [2004] UKPC 6; [2004] Env LR 761; [2004] Env LR 38
29 Jan 2004
PC
Lord Walker
Commonwealth, Judicial Review, Environment
PC (Belize) Lord Walker said: "It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court to co-operate and to make candid disclosure, by way of affidavit, of the relevant facts and (so far as they are not apparent from contemporaneous documents which have been disclosed) the reasoning behind the decision challenged in the judicial review proceedings".
1 Cites
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Regina (Aru) --v Chief Constable of Merseyside Police Times, 05 February 2004; [2004] 1 WLR 1697
30 Jan 2004
CA
Waller, Longmore, Maurice Kay, LJJ
Criminal Practice, Police, Judicial Review
The applicant had been cautioned by the police. The victim sought judicial review of that decision. The respondent now appealed. Held: The court of appeal had no jurisdiction to hear an appeal against a judicial review in a criminal matter where there had been a final disposal of the matter. Any appeal must be to the House of Lords. The police caution operated as such, and no review would lay. The section referred to a criminal 'cause or matter' not to proceedings. An official caution appeared to be a way of disposing of a complaint.
Maurice Kay LJ noted the use of the phrase 'criminal cause or matter' denoted a "wider ambit" than merely "criminal proceedings".
Public Order Act 1986 5 - Supreme Court Act 1981 18(1) - Administration of Justice Act 1960 1(1)
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Regina (G) -v- Immigration Appeal Tribunal; Regina (M) -v- Immigration Appeal Tribunal [2004] EWHC 588 (Admin); Times, 13 May 2004
25 Mar 2004
Admn
Mr Justice Collins
Immigration, Judicial Review, Civil Procedure Rules
The applicants sought judicial review of the Immigration Appeal Tribunal's refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely circumscribed because of the alternative and preferred forms of challenge. The procedure was not discriminatory because by its nature it could only apply to non-nationals.
Nationality, Immigration and Asylum Act 2002 101(3) - Civil Procedure Rules 54.25(4)
1 Cites
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Edwards, Regina (on the Application Of) -v- Environment Agency and Another; Admn 2-Apr-2004 - [2004] EWHC 736 (Admin)
Practice Statement (Judicial review: Costs) Times, 20 May 2004
17 May 2004
Admn
Collins J
Judicial Review, Costs
The general rule under the Civil Procedure Rules that when a court order was silent as to costs, no party would be liable for the costs of another party did not apply in applications for leave to proceed on a judicial review. An order made on such an application would carry by implication an order for costs in cause.
Spink and Another, Regina (on the Application Of) -v- London Borough of Wandsworth [2004] EWHC 2168 (Admin)
15 Jul 2004
Admn
Judicial Review, Benefits
Application for leave to present petition for judicial review - granted
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1 Citers
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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
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Clarke, Regina (on the Application Of) -v- Secretary of State for the Home Department [2004] EWHC 2281 (Admin)
26 Aug 2004
Admn
Prisons, Judicial Review
[ Bailii ]
Regina on the Application of Goldsmith -v- The London Borough of Wandsworth [2004] EWCA Civ 1170; (2004) 148 Sol Jo LB 1065
27 Aug 2004
CA
Lord Justice Chadwick Lord Justice Brooke Lord Justice Wall
Health, Judicial Review
The claimant, a very elderly lady had lived in a residential home for some time. She fell and was admitted to hospital. The respondent said she could only leave the hospital to go to a nursing home. She and her family sought her return to the residential home she knew. Held: The Authority's decision making process was seriously flawed: 'Judicial review is about process, and in my judgment the process here has been manifestly defective. ' The decision was quashed, and must be reconsidered.
National Assistance Act 1948 Part III - National Health Service and Community Care Act 1990 47(1)
1 Cites
1 Citers
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Regina on the Application of M -v- Immigration Appeal Tribunal; Regina (G) -v- Immigration Appeal Tribunal [2004] EWCA Civ 1731; Times, 23 December 2004; [2005] 1 WLR 1445
16 Dec 2004
CA
Lord Phillips MR, Sedley Baker, Scott Baker LJJ
Immigration, Judicial Review
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review also was refused. They complained that they had not been given an opportunity to make an oral application at this last hearing. Held: The Statutory review procedure was designed as a back-stop for any refusal to hear an appeal by the IAT. The restriction on oral hearings only operated at one level, and oral hearings were available at others. The regime provided adequate and proportionate protection. The appeals failed: "It seems to us that the key finding made by Collins J was that, in the light of the two-tier tribunal system, statutory review was a satisfactory judicial process for the question that it was designed to address. This is the critical issue. Does the procedure as a whole carry a satisfactory assurance that the rights of those entitled to asylum will be upheld?"
Lord Phillips MR said: "The consideration of proportionality involves more than comparing the remedy with what is at stake in the litigation. When Parliament enacts a remedy with the clear intention that this should be pursued in place of judicial review, it is appropriate to have regard to the considerations giving rise to that intention. The satisfactory operation of the separation of powers requires that Parliament should leave the judges free to perform their role of maintaining the rule of law but also that, in performing that role, the judges should, so far as consistent with the rule of law, have regard to legislative policy."
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