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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.  















Licensing - From: 1998 To: 1998

This page lists 31 cases, and was prepared on 02 April 2018.

 
Regina v Civil Aviation Authority ex parte Jones [1998] EWHC Admin 134
3 Feb 1998
Admn

Transport, Licensing
The claimant sought judicial review of a decision to refuse him a licence to fly aircraft.
[ Bailii ]

 
 In Re Vanilla Accumulation Ltd and Others; ChD 24-Feb-1998 - Times, 24 February 1998
 
Regina v Southwark County Council ex parte Allen [1998] EWHC Admin 352
23 Mar 1998
Admn

Licensing

[ Bailii ]

 
 Regina v Burt and Adams Ltd; HL 2-Apr-1998 - Gazette, 07 May 1998; Times, 03 April 1998; [1998] UKHL 14; [1999] AC 247; [1998] 2 All ER 417; [1998] 2 WLR 725
 
Regina v Warrington Crown Court ex parte Kehoe and Another [1998] EWHC Admin 405
3 Apr 1998
Admn

Licensing

[ Bailii ]
 
Steed v Secretary of State for Home Office [1998] EWCA Civ 762
1 May 1998
CA

Licensing
The plaintiff claimed compensation after surrendering his firearm and ammunition. There had been a long delay in processing the claim, and he sued. The Home Office entered a defence denying that there was any obligation to process claims within a reasonable time, and further denying that there was a statutory duty to pay the sum, and that any complaint was solely justiciable in judicial review proceedings. Held: The defendants appeal was denied.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Medicines Control Agency ex parte Rhone-Poulenc Rorer Limited v May and Baker Limited [1998] EWHC Admin 478
1 May 1998
Admn
Latham J
Health, Licensing

[ Bailii ]
 
Regina v Cambridge City Council ex parte Simon Lane [1998] EWHC Admin 596
2 Jun 1998
Admn

Licensing, Road Traffic

Town and Police Clauses Act 1847 38 - Local Government (Miscellaneous Provisions) Act 1976 47
1 Cites

1 Citers

[ Bailii ]
 
Regina v Medicines Control Agency ex parte Pharma Nord Ltd Times, 10 June 1998; [1998] EWCA Civ 891
10 Jun 1998
CA
Woolf MR, Morritt, Robert Walker LJJ
Health, Licensing
Once the Medicines Control Agency has decided that a product is a medicinal product and licensable as such, the courts should not seek to substitute their own judgment. Residuary discretion for declaration not used.
Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 (SI 1994/3144)
1 Cites

[ Bailii ]
 
Regina v London Borough of Lambeth ex parte Alan Frank Willis [1998] EWHC Admin 652
19 Jun 1998
Admn

Licensing, Local Government

[ Bailii ]
 
Regina v Civil Aviation Authority ex parte Jones [1998] EWCA Civ 1056
22 Jun 1998
CA

Transport, Licensing
Renewed application for judicial review of decision not to grant licence to fly aircraft.
[ Bailii ]
 
Regina v Medicines Control Agency ex parte Rhone-Poulence Rorer Limited May and Baker Limited Intervener Trinity Pharmaceuticals Limited Interverner Norton Healthcare Limited [1998] EWHC Admin 736
10 Jul 1998
Admn

Health Professions, Licensing

[ Bailii ]
 
Regina v Medicines Control Agency ex parte Rhone-Poulenc Rorer Limited May and Baker Limited Intervener Trinity Pharmaceuticals Limited Intervener Healthcare Limited [1998] EWHC Admin 735
10 Jul 1998
Admn

Health Professions, Licensing

[ Bailii ]
 
Regina v Airport Co-Ordination Limited ex parte Aravco Limited; Dravidian Air Services Limited; Falcon Jet Centre Limited; Gama Aviation Limited; Heathrow Jet Charter Limited; Metro Business Aviation Limited and Siebe Plc [1998] EWHC Admin 750
14 Jul 1998
Admn

Transport, Licensing

1 Citers

[ Bailii ]
 
Regina v Airport Co-Ordination Limited ex parte Aravco Limited; Dravidian Air Services Limited; Falcon Jet Centre Limited; Gama Aviation Limited; Heathrow Jet Charter Limited; Metro Business Aviation Limited and Siebe Plc [1998] EWHC Admin 749
14 Jul 1998
Admn

Transport, Licensing

1 Cites

1 Citers

[ Bailii ]
 
Bromsgrove District Council v Michael Richard Powers [1998] EWHC Admin 755
16 Jul 1998
Admn

Licensing, Local Government, Road Traffic
The authority appealed against the magistrates' decision to renew a private hire operator's licence against its own wishes. The licensee no longer opertaed any cars under the licence itself but instead all business was conducted under care operated within the licence from a neighbouring authority.
Local Government (Miscellaneous Provisions) Act 1976 55 46(1)
[ Bailii ]
 
Schiller v H M Attorney General for Gibraltar and others [1998] UKPC 31
20 Jul 1998
PC
Lord Chancellor (Lord Irvine of Lairg), Lord Lloyd of Berwick, Lord Hoffmann, Lord Cooke of Thorndon, Lord Hope of Craighead
Licensing
(Gibraltar) Appeal against refusal of judicial review of a decision to refuse his application for a licence to use a fast launch in the territorial waters of Gibraltar.
[ Bailii ]
 
Regina v Cambridge City Council, Ex Parte Lane Gazette, 03 September 1998; [1998] EWCA Civ 1202; (1999) RTR 1982
3 Sep 1998
CA

Licensing, Transport, Health and Safety
A trishaw was properly a form of hackney carriage, not a 'stage coach,' and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a " . . . cross between a rickshaw and a bicycle and a tricycle. Like a tricycle, it has three wheels; a single front wheel and two rear wheels. Over the rear wheels, a compartment in which the passengers may sit is suspended. The vehicle is an adaptation of a rickshaw replacing the individual running on the ground and pulling the vehicle with an individual using cycle technique to provide the power for propelling the vehicle."
Town and Police Clauses Act 1847 38 - Local Government (Miscellaneous Provisions) Act 1976 47
1 Cites

1 Citers

[ Bailii ]

 
 Allied Domecq Leisure Limited v Cooper (West Yorkshire Trading Standard Service); Admn 9-Oct-1998 - [1998] EWHC Admin 936; [1999] JP 163
 
Regina v Liverpool Crown Court and Liverpool City Council ex parte Luxury Leisure Limited [1998] EWCA Civ 1512
9 Oct 1998
CA

Licensing

[ Bailii ]
 
Regina v Exeter Crown Court ex parte Cropley [1998] EWHC Admin 945
13 Oct 1998
Admn

Licensing

[ Bailii ]

 
 Nottingham City Council v Farooq; QBD 21-Oct-1998 - Times, 28 October 1998; Gazette, 25 November 1998; [1998] EWHC Admin 991

 
 Regina v Liverpool Crown Court and Another, Ex Parte Luxury Leisure Ltd; CA 26-Oct-1998 - Times, 26 October 1998
 
Mayer Parry Recycling Ltd v The Environment Agency Times, 03 December 1998; Gazette, 10 February 1999; [1998] EWHC Ch 286
9 Nov 1998
ChD

Environment, Licensing, European
Whether materials were a waste, requiring waste management licenses and procedures, was determined by whether any further process of reclamation or recycling was required. Materials used without further processing were not waste materials under the Act.
Waste Management Licensing Regulations 1994 (1994/1056)
[ Bailii ]

 
 Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police; Admn 9-Nov-1998 - Times, 17 December 1998; [1998] EWHC Admin 1058

 
 Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police; QBD 9-Nov-1998 - COT, 9 November 1998
 
Regina v Bournemouth Borough Council ex parte Liam Mccann [1998] EWHC Admin 1070
16 Nov 1998
Admn

Local Government, Licensing
Sex shop.
[ Bailii ]

 
 Jenkins v Essex County Council; FD 25-Nov-1998 - Gazette, 25 November 1998
 
Regina v Licensing Authority Established by the Medicines Act 1968 (Acting by the Medicine Control Agency) Ex P Generics (Uk) Ltd (Er Squibb and Sons Ltd, Intervening Etc Times, 04 January 1999; C-368/96; [1998] EUECJ C-368/96
3 Dec 1998
ECJ

Licensing, European
When assessing a medicinal product for licensing under the abridged procedure the Authority must consider its essential similarity with a product licensed for ten years, of the same constitution both as to structure and proportions and with bio-equivalence.
ECTreaty art 177
[ Bailii ]
 
Reading Borough Council v Ittekhar Ahmad Times, 04 December 1998; Gazette, 17 March 1999
4 Dec 1998
QBD

Licensing
The offence of driving a licensed private hire vehicle in a controlled district depended upon proof that the defendant was aware of the fact that he was driving in such an area.
Local Government (Miscellaneous Provisions) Act 1976 47

 
Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others Times, 07 December 1998; Gazette, 10 February 1999; [1999] ECC 314
7 Dec 1998
QBD
Lightman J
Commercial, Judicial Review, Licensing
The Director General of Telecommunications can quite properly use his powers and discretion to ensure competition in telecommunications by the granting and withholding of licences. He may take account of economic factors in making such a decision. Section 3 draws a distinction between "means" (namely how the demand is to be met) and "ends" (the satisfaction of reasonable demands) and that as a matter of language, whilst the Director is expressly made the arbiter of the means to the end, he is not so made the arbiter of the ends. Section 3 recognises that there is a public interest in reasonable demands for telecommunication services being met and the court is intended to be the guardian of that public interest. The exercise in deciding whether a demand is reasonable or not requires no sophisticated exercise necessitating the Director’s experience, expertise and fund of knowledge of this and other markets. The court is well equipped and experienced in deciding questions of reasonableness. The duty of the Director was to exercise his functions in the manner which "he considers best calculated to secure… such telecommunications services as satisfy all reasonable demands for them…" and "Where the Act has conferred the decision making and function on the Director, it is for him, and him alone, to consider the economic arguments, weigh the compelling considerations and arrive at a judgment. The . applicants have no right of appeal; in these judicial review proceedings so long as he directs himself correctly in law, his decision may only be challenged on Wedensbury grounds. The court must be astute to avoid the. danger of substituting its views for the decision maker and of contradicting (as in this case) a conscientious decision maker acting in good faith and with knowledge of all the facts. " and "If (as I have stated)the court should be very "slow to impugn decisions of fact made by an expert and experienced decision maker, it must surely be even slower to impugn his educated prophesises and predictions for the future."
Telecommunications Act 1984 3
1 Citers


 
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