Regina v British Coal Corporation, Ex Parte Price and Others: QBD 28 May 1993

British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; adequate information on which to respond; adequate time in which to respond and conscientious consideration by an authority of the response to consultation. Applying the test in R v Gwent ex p Bryant: ‘It is axiomatic that the process of consultation is not one in which the consultor is obliged to adopt any or all of the views expressed by the person or body whom he is consulting. ‘ and ‘Another way of putting the point more shortly is that fair consultation involves giving the body consulted a fair and proper opportunity to understand fully the matters about which it is being consulted, and to express its views on those subjects, with the consultor thereafter considering those views properly and genuinely.’

Glidewell LJ
Times 28-May-1993, [1994] IRLR 72
Citing:
AdoptedRegina v Gwent County Council ex parte Bryant 1988
The court described what was meant by consultation: ‘Fair consultation means: (a) consultation when the proposals are still at a formative stage; (b) adequate information on which to respond; (c) adequate time in which to respond; (d) conscientious . .

Cited by:
CitedLambe v 186K Ltd CA 29-Jul-2004
The claimant had been dismissed for redundancy, but the company had been found not to have consulted him properly, and he had therefore been unfairly dismissed. The tribunal had then found that even if consulted the result would not have been . .
CitedCambridge Housing Society v Anwar EAT 9-Mar-2007
EAT Unfair Dismissal – Reason for dismissal including substantial other reason / Reasonableness for dismissal
4 grounds of appeal challenging reasonableness of Employment Tribunal decision allowing a claim . .
CitedMccaffrey v Fold Housing Association NIIT 27-Nov-2007
. .
CitedEnglish v Coastal Container Line Ltd NIIT 17-Dec-2008
. .
CitedHanover (Scotland) Housing Association Limited v John Reid Margaret Reid OHCS 6-Apr-2006
. .
CitedPolyglobe Group Ltd v Vadher, Hassen EAT 21-Apr-2005
EAT Practice and Procedure – Bias, misconduct and procedural irregularity. The Employment Tribunal made an important factual finding as to the process by which the employees were dismissed, the finding being on a . .
CitedCranwick Country Food Plc v GMB Trade Union EAT 6-Sep-2005
EAT Tribunal correct that consultation about the correspondence of factory closure should have taken place immediately after closure plans announced before contracts exchanged on a new site. Securicor and Susie . .
CitedM Mofunanya v Richmond Fellowship A Hanley EAT 23-Dec-2003
EAT Redundancy – Definition
EAT Redundancy – Definition . .
CitedCaves v Board of Governors of Campbell College NIIT 23-Apr-2004
. .
CitedTransport and General Workers Union v Manchester Airport Plc EAT 4-Aug-2004
EAT Redundancy – Collective consultation and information . .
CitedAmicus v Nissan Motor Manufacturing (UK) Ltd EAT 26-Jul-2005
EAT Employers failed to consult with company council rather than union – did not consult with union until later stage 3 weeks before employees had to indicate willingness to be relocated but 4.5 months before . .
CitedSecuricor Omega Express Ltd v GMB (A Trade Union) EAT 7-Apr-2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult . .
CitedOakley v Merseyside Magistrates Court Committee EAT 2-Mar-2003
EAT Redundancy – Collective Consultation and Information . .
CitedAlstom Traction Ltd v Birkenhead and others EAT 10-Oct-2002
. .
CitedColvin v Attol Business Systems Ltd EAT 29-Nov-2002
EAT Unfair Dismissal – Other . .
CitedHailwood v Best Power Technology Ltd EAT 29-Sep-1999
EAT Redundancy – Fairness . .
CitedScotch Premier Meat Ltd v Stuart Burns and others EAT 28-Apr-2000
EAT Redundancy – Definition . .
CitedMiddlesbrough Borough Council v TGWU Unison EAT 4-May-2001
The council sought to make redundancies because of its financial circumstances following re-organisation. The employees said the consultation procedure had been a sham.
Held: Fair consultation involves giving the body consulted a fair and . .
CitedGodrich and Serwotka v Public and Commercial Services Union and Reamsbottom ChD 31-Jul-2002
The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary.
CitedHailwood v Best Power Technology Ltd EAT 29-Sep-2000
. .
CitedO’Kane and Another v Grayston White and Sparrow Ltd EAT 6-Dec-1994
. .
CitedRowell v Hubbard Group Services Ltd EAT 12-Jan-1995
. .
CitedBritish Flowplant Group Ltd and others EAT 9-May-1995
. .
CitedOrmsby v the West of England Shipowners Insurance EAT 8-Nov-1995
. .
CitedReeve v Agricultural and Food Research Council EAT 9-Feb-1996
. .
CitedArmishaw v London Docklands Development Corporation EAT 16-Jan-1996
. .
CitedIsaac v Badgerline Ltd EAT 16-May-1996
. .
CitedBritish Flowplant Group Ltd v Law and others EAT 12-Mar-1997
. .
CitedBritish Flowplant Group Ltd v Law and others EAT 16-Dec-1997
. .
CitedTabani v United Bank Ltd EAT 21-Jun-1999
. .
CitedLloyd v Taylor Woodrow Construction EAT 1-Jul-1999
A defect of the consultation procedure in a redundancy which could make a dismissal unfair, was capable in some circumstances of being corrected by the company in its appeal procedure. The appellant had not originally been informed of the criteria . .
CitedCable Realisations Ltd v GMB Northern EAT 29-Oct-2009
The company appealed against the upholding of the union’s claim that the company was in breach of the regulations. The company was to close its factory and decided at first to begin consultations for redundancy, but then looked for a buyer for the . .

Lists of cited by and citing cases may be incomplete.

Judicial Review, Administrative

Updated: 30 November 2021; Ref: scu.86211

Oxfam v Revenue and Customs: ChD 27 Nov 2009

The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting commercial activities, which paid VAT in its supplies. The parties disputed how input taxes were attributed between the different activitie, particularly in the context of unrestricted fundraising expenditure.
Held: The Tribunal had had power to listen to the argument on legitimate expectation. In 2000, the revenue had written to the claimant setting out the agreed calculation methods, but the law had altered on the Church of England case. However ‘in a case such as this, involving an assurance given to only one person and where there is no irrationality on the part of the public authority in adopting a different approach, the absence of detrimental reliance on the part of the person to whom the assurance is given is fatal to the argument that to modify the assurance would involve an abuse of power on the part of the public authority which gave the assurance.’

Sales J
[2009] EWHC 3078 (Ch), Times 31-Dec-2009
Bailii
Value Added Tax Act 1994 24(5), Sixth Council Directive 77/388/EEC 17
England and Wales
Citing:
Appeal fromOxfam v Revenue and Customs VDT 30-Jul-2008
VDT VAT – INPUT TAX – Charity applying method apportioning VAT to business purposes – Church of England Children’s Society decision permitted the Appellant to recover part of VAT incurred on unrestricted . .
CitedGus Merchandise Corporation Ltd v Commissioners of Customs and Excise CA 24-Oct-1994
The Commissioners’ general tax management powers include a power to enter into a binding contract with taxpayers as to the method of calculation of Excess VAT paid on sales to agents was not recoverable since there was a binding agreement. . .
CitedRevenue and Customs v The Boots Company Plc ChD 16-Mar-2009
. .
CitedChurch of England Children’s Society v Revenue and Customs ChD 29-Jul-2005
The Society sent out free newsletters to its unpaid fund-raisers and supporters. They sought to deduct input tax charged to them from the supplies associated with the costs.
Held: The Society might be able to deduct such tax as residual input . .
CitedKretztechnik AG v Finanzamt Linz ECJ 26-May-2005
Europa Sixth VAT Directive – Supplies for consideration – Share issue – Admission of a company to a stock exchange – Deductibility of VAT).
Kretztechnik’s objects were the development and sale of . .
CitedRegina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .
CitedRegina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
CitedBamber, Regina (on the Application Of) v Revenue and Customs Admn 21-Dec-2005
. .
CitedRegina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
CitedBritish Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
CitedRegina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
CitedMullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
CitedRegina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
CitedIn Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .

Lists of cited by and citing cases may be incomplete.

VAT, Charity, Administrative

Updated: 11 November 2021; Ref: scu.381597

Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003

Court to seek and Apply Parliamentary Intention

The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to give effect to the intentions of Parliament, and statutes were to be read accordingly. The words which suggested it only applied to those which had human life given by fertilisation were words of description and not words of exclusive definition.
The words ‘where fertilisation is complete’ were intended not to qualify which embryos were protected, but the time at which they were protected. This was an Act passed for the protection of live human embryos created outside the human body. The essential thrust of section 1(1)(a) was directed to such embryos, not to the manner of their creation. The process was within the scope of the Act, and could accordingly be licensed under it. There was a ‘clear purpose in the legislation’ which could ‘only be fulfilled if the extension [was] made’.
Lord Bingham said: ‘The basic task of the court is to ascertain and give effect to the true meaning of what Parliament has said in the enactment to be construed. But that is not to say that attention should be confined and a literal interpretation given to the particular provisions which give rise to difficulties. Such an approach not only encourages immense preliminary complexity in drafting, since the draftsman will feel obliged to provide expressly for every contingency which may possibly arise. It may also (under the banner of loyalty to the will of Parliament) lead to the frustration of that will, because undue concentration on the minutia of the enactment may lead the court to neglect the purpose which Parliament intended to achieve when it enacted the statute. Every statute other than a pure consolidating statute is, after all, enacted to make some change, or address some problem, or remove some blemish or effect some improvement to the national life. The court’s task, within the permissible bounds of interpretation, is to give effect to Parliament’s purpose. So the controversial provision should be read in the context of the statute as a whole, and the statute as a whole should be read in the historical context of the situation which led to its enactment . . There is, I think, no inconsistency between the rule that statutory language retains the meaning it had when Parliament used it and the rule that a statute is always speaking . . The courts have frequently had to grapple with the question whether a modern invention or activity falls within old statutory language . . a revealing example is found in Grant v Southwestern and County Properties Limited [1975] Ch 185, where Walton J had to decide whether a tape recording falls within the expression ‘document’ in the Rules of the Supreme Court. Pointing out, at p190, that the furnishing of information had been treated as one of the main functions of a document, the judge concluded that a tape recording was a document.’
Lord Steyn noted that Acts were generally to be construed as ‘always speaking’ unless they were in an exceptional category dealing with a particular problem. Otherwise the court was free to apply the meaning of the statute to the present day conditions.

Bingham of Cornhill, Steyn, Hoffmann, Millett, Scott of Foscoe, LL
[2003] UKHL 13, Times 14-Mar-2003, [2003] 2 WLR 692, [2003] 2 AC 687, (2003) 71 BMLR 209, [2003] 1 FCR 577, [2003] 2 All ER 113
House of Lords, Bailii
Human Fertilisation and Embryology Act 1990 1(1)
England and Wales
Citing:
Appeal fromRegina (Quintavalle) v Secretary of State for Health CA 18-Jan-2002
A cloned cell, a cell produced by cell nuclear replacement came within the definition of embryo under the Act. The Act required that fertilisation was complete.
Held: The act could be applied in a purposive way. The legislative policy was that . .
AdoptedRoyal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
CitedGrant v Southwestern and County Properties Ltd ChD 1974
The court had to decide whether a tape recording fell within the expression ‘document’ in the Rules of the Supreme Court.
Held: The furnishing of information had been treated as one of the main functions of a document, and the tape recording . .
CitedCabell v Markham 1945
In discussing the purposive approach to the interpretation of statutes, the judge held: ‘Of course it is true that the words used, even in their literal sense, are the primary, and ordinarily the most reliable, source of interpreting the meaning of . .
CitedChristopher Hill Ltd v Ashington Piggeries Ltd HL 1972
Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula.
Held: There was reliance as to the suitability of the ingredients only.
Lord Diplock said: ‘Unless the Sale of Goods Act 1893 is to be allowed . .
CitedRegina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .

Cited by:
CitedQuintavalle, Regina (on the Application of) v Human Fertilisation and Embryology Authority CA 16-May-2003
A licence was sought so that a couple could have a child who would be tissue typed to establish his suitability to provide an umbilical cord after his birth to help treat his future brother. A licence had been granted subject to conditions, and the . .
CitedKirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance . .
CitedQuintavalle v Human Fertilisation and Embryology Authority HL 28-Apr-2005
The parents of a boy suffering a serious genetic disorder sought IVF treament in which any embryo would be tested for its pre-implantation genetic status. Only an embryo capable of producing the stem cells necessary to cure the boy would be . .
CitedRegina v Z (Attorney General for Northern Ireland’s Reference) HL 19-May-2005
The defendants appealed their convictions for being members of proscribed organisations. They were members of the ‘Real IRA’, but only the IRA was actually proscribed.
Held: The appeals failed. In construing an Act of Parliament it may be of . .
CitedKay v Commissioner of the Police of the Metropolis HL 26-Nov-2008
The claimant had been involved in a monthly cycle ride through central London which had continued for many years. The ride took place without any central organisation and without any route being pre-planned. They objected to being required to apply . .
CitedHM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
CitedHM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
CitedGaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
CitedBritish Pregnancy Advisory Service v Secretary of State for Health Admn 14-Feb-2011
The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical . .
CitedBritish Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another Admn 20-Apr-2011
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They . .
CitedRobertson v Swift SC 9-Sep-2014
Notice Absence did not Remove Right to Cancel
The defendant had contracted to arrange the removal of the claimant’s household goods on moving house. The claimant cancelled the contract, made at his housel, but refused to pay the cancellation fee, saying that the contract not having been made at . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others CA 20-May-2013
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
CitedEnglish Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others Admn 15-Oct-2015
The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal . .
CitedTransport for London v Uber London Ltd Admn 16-Oct-2015
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .
CitedLittlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .
CitedBarlow v Wigan Metropolitan Borough Council CA 1-Jun-2020
Presumption of dedication dates back.
The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. . .
CitedHuman Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
CitedOwens v Owens SC 25-Jul-2018
W petitioned for divorce alleging that he ‘has behaved in such a way that [she] cannot reasonably be expected to live with [him]’. H defended, and the petition was rejected as inadequate in the behaviour alleged. She said that the section should be . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Administrative, Constitutional

Leading Case

Updated: 11 November 2021; Ref: scu.179803

Regina v The Secretary of State for the Environment, ex Parte Ostler: CA 16 Mar 1976

Statutory Challenge must be timely

The applicant had not taken objection to a proposed road scheme believing wrongly that it would not affect his business. Other objectors had withdrawn because of secret re-assurances given to them by the respondent.
Held: The court was asked, in effect, whether the decision in East Elloe had been overruled by the Anisminic case. Though it had been subject to some criticism in Anisminic, that case was not directly in point, and the East Elloe decision remained binding.
The system provided for the possibility of an appeal where the aggrieved person felt that there had been some breach of natural justice, but that appeal had to be brought within the time limit provided. Such a decision stood until and unless quashed.

Lord Denning MR, Goff, Shaw LJJ
[1976] EWCA Civ 6, [1977] 1 QB 122
Bailii
Highways Act 1959
England and Wales
Citing:
CitedSmith (Kathleen Rose) v East Elloe Rural District Council HL 26-Mar-1956
The plaintiff challenged a compulsory purchase order as unlawful and made in bad faith and sought damages for trespass. Paragraph 16 provided that an order could not be challenged by legal proceedings, save in the circumstances identified in . .
CitedAnisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
CitedRidge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
CitedDonoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
CitedAshbridge Investments Ltd v Minister of Housing and Local Government CA 1965
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
Held: The court can interfere if the decision maker has taken into account a . .

Lists of cited by and citing cases may be incomplete.

Administrative, Planning, Natural Justice

Leading Case

Updated: 11 November 2021; Ref: scu.262708

Congreve v Secretary of State for the Home Office: CA 1976

The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the new charge came into effect demanding the payment of the extra andpound;6 failing which their licence would be revoked.
Held: It was an abuse of the Minister’s undoubted discretionary power to revoke TV licences for him to seek to revoke a validly issued licence as a means of levying money which Parliament had given the executive no power to demand. The courts will rule invalidate the exercise of a discretion which contains no express limitations in such a way as to run counter to the policy of the legislation by which it was conferred.
Geoffrey Lane LJ: ‘the proposed revocation . . is illegal for two reasons. First, it is coupled with an illegal demand which taints the revocation and makes that illegal too. Secondly, or possibly putting the same matter in a different way, it is an improper exercise of a discretionary power to use a threat to exercise that power as a means of extracting money which Parliament has given the executive no mandate to demand: see Attorney-General v Wilts United Dairies Ltd (1921) 37 TLR 884.’
Lord Denning MR: ‘There is another reason for holding that the demands for andpound;6 to be unlawful. They were made contrary to the Bill of Rights. They were an attempt to levy money for use of the Crown without the authority of Parliament: and that is quite enough to damn them.’
and ‘If the licence is to be revoked – and his money forfeited – the Minister would have to give good reasons to justify it.
Of course, if the licensee had done anything wrong – if he had given a cheque for andpound;12 which was dishonoured, or if he had broken the conditions of the licence – the Minister could revoke it. But when the licensee has done nothing wrong at all, I do not think the Minister can lawfully revoke the licence, at any rate, not without offering him his money back, and not even then except for good cause. If he should revoke it without giving reasons, or for no good reason, the courts can set aside his revocation and restore the licence. It would be a misuse of the power conferred on him by Parliament: and these courts have the authority – and, I would add, the duty – to correct a misuse of power by a Minister or his department, no matter how much he may resent it or warn us of the consequences if we do.’

Geoffrey Lane LJ, Lord Denning MR
[1976] 1 QB 629, [1976] 1 All ER 697, [1977] 2 WLR 291
Bill of Rights 1688 4
England and Wales
Cited by:
CitedRegina v Braintree District Council ex parte Halls Admn 2-Jul-1999
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant . .
CitedTotal Network Sl v Customs and Excise Commissioners CA 31-Jan-2007
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants . .
CitedWheeler v Leicester City Council; In re Wheeler and others HL 25-Jul-1985
The Council opposed sporting links with South Africa. The local rugby club failed to denounce apartheid and did not seek to dissuade three of its players touring with the national side. The Court of Appeal had refused judicial review of the . .
CitedCala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 7-Feb-2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the . .
CitedCala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 7-Feb-2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the . .

Lists of cited by and citing cases may be incomplete.

Administrative

Leading Case

Updated: 10 November 2021; Ref: scu.197886

Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled.
Held: The result was to leave the appellant in a Kafka-esque world where she was affected by a decision she was not told of, and which she could not challenge. The Act should be read so that the decision was deemed completed not merely when the decision was made, but also when that decision was communicated: ‘Notice of a decision is required before it can have the character of a determination with legal effect because the individual concerned must be in a position to challenge the decision in the courts if he or she wishes to do so. This is not a technical rule, it is simply an application of the right of access to justice.’ Exceptions to the need to general provide notice might be allowed in exceptional cases, perhaps in criminal matters, but otherwise it was necessary.
Lord Steyn pointed out: ‘the Convention is not an exhaustive statement of fundamental rights under our system of law. Lord Hoffmann’s dictum (in Ex p Simms) applies to fundamental rights beyond the four corners of the Convention.’

Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Scott of Foscote
[2003] UKHL 36, Times 27-Jun-2003, Gazette 04-Sep-2003, [2003] INLR 521, [2003] HRLR 31, [2003] Imm AR 570, [2004] 2 WLR 603, [2004] 1 AC 604, [2004] 1 All ER 833
House of Lords, Bailii
Asylum and Immigration Appeals Act 1993, Asylum and Immigration Act 1996, Asylum Appeals (Procedure) Rules 1996, Income Support (General) Regulations 1987 (SI 1987/1967) 70(3A)(b)(i), European Convention on Human Rights
England and Wales
Citing:
Appeal fromAnufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
CitedSalem v Secretary of State for Home Department CA 6-Mar-1998
The Secretary of State having decided against an application for asylum could direct non-payment of benefits although he would hear representations.
Held: Regulation 70(3A)(b)(i) defines a date by reference to the recording by the Secretary of . .
CitedRegina v Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants CA 27-Jun-1996
The Secretary of State had introduced regulations which excluded the statutory right to payment of ‘urgent case’ benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who . .
CitedRacke v Hauptzollamt Mainz (Judgment) ECJ 25-Jan-1979
A fundamental principle in the Community legal order requires that a measure adopted by the public authorities shall not be applicable to those concerned before they have the opportunity to make themselves acquainted with it. . .
CitedRaymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .
At First InstanceRegina (on the Application of Anufrijeva) v Secretary of State for the Home Department and Another Admn 25-Oct-2001
. .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Cited by:
CitedLord, Regina (on the Application of) v Secretary of State for the Home Department Admn 1-Sep-2003
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued . .
CitedAli v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act.
Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and . .
CitedAndrews v Reading Borough Council QBD 29-Apr-2004
The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent.
Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, . .
CitedVan Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
CitedMurchison v Southend Magistrates’ Court Admn 24-Jan-2006
The defendant faced an accusation of having slapped a child in the street. The child’s carer had called the police to say that she thought the complaint a practical joke. The defendant did not give evidence. The magistrates retired and came back to . .
CitedSK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
CitedHM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
CitedMedical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedAXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .

Lists of cited by and citing cases may be incomplete.

Immigration, Benefits, Administrative

Leading Case

Updated: 09 November 2021; Ref: scu.183878

Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957

The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In its decision the tribunal had made reference to the expert medical report and thereby had incorporated it in the judgment. This resulted in an error being apparent on the face of the record, thus allowing the appeal court to intervene and make an order of certiorari. The words of the statute, that any decision of a medical appeal tribunal of a question arising under the Act ‘shall be final’, were insufficiently clear to prevent such an order.
Such jurisdiction was well established. Denning LJ said: ‘On looking . . into the old books I find it very well settled that the remedy of certiorari is never to be taken away by any statute except by the most clear and explicit words. The word ‘final’ is not enough. That only means ‘without appeal’. It does not mean ‘without recourse to certiorari’. It makes the decision final on the facts, but not final on the law. . All the authorities to which we have been referred indicate that this remains true today’.

Denning LJ, Romer LJ, Parker LJ
[1957] 1 QB 574, [1957] 1 All ER 796, [1957] EWCA Civ 1, [1957] 2 WLR 498
Bailii
National Insurance (Industrial Injuries) Act 1946, National Insurance (Industrial Injuries) (Benefit) Regulations 1948 2(5)
England and Wales
Citing:
CitedRex v Plowright 1686
The collectors of chimney tax distrained on the landlord of a cottage. The applicable Act provided that any question about such distress should be ‘heard and finally determined by one or more justices . . ‘ The decision of the justices was in error . .
CitedRex v Warnford 1825
The courts have power to order an inferior court to complete or correct an imperfect record. . .
CitedWilliams v Lord Bagot (2) 1824
Abbott CJ: ‘If an inferior court . . send up an incomplete record, we may order them to complete it . . If we are not to order, or allowthe officers of the court below to make a perfect record, which unquestionably they are at liberty to do, it will . .
CitedFoster’s Case 1614
The words of an Act of parliament ‘shall not bind the King’s Bench, because the pleas there are coram ipso Rege.’ . .
CitedSmith’s Case 1670
An order of the Commissioners of Sewers was brought before the court. The commissioners pointed to a statute which provided that they should not be compelled to certify or return their proceedings.
Held: The contention was rejected: ‘Yet it . .
CitedGrenville v Royal College of Physicians 1700
. .
CitedTaylor (formerly Kraupl) v National Assistance Board CA 1951
Lord Denning spoke as to the power of a court to issue a declaration, ‘The remedy is not excluded by the fact that the determination of the board is by statute made ‘final’. Parliament gives the impress of finality to the decisions of the board only . .
CitedEdwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
CitedRex v Moreley, Rex v Osborne, Rex v Reeve, Rex v Norris 1760
The Conventicle Act said ‘that no other court whatsoever shall intermeddle with any cause or causes of appeal upon this Act: but they shall be finally determined in the quarter sessions only.’
Held: Certiorari was nevertheless ordered: ‘The . .
CitedRegina v National Insurance Commissioners, ex parte Timmis QBD 1954
A decision of the Commisioners was said by statute to be final, an accordingly certiorari was not available. . .
CitedRex v Nat Bell Liquors Ltd PC 7-Apr-1922
(Alberta) Lord Sumner said: ‘Long before Jervis’s Acts statutes had been passed which created an inferior court, and declared its decisions to be ‘final’ and ‘without appeal’, and again and again the Court of the King’s Bench had held that the . .
CitedRex v Jukes 1800
A conviction by magistrates was said to be erroneous on its face, having failed to exclude a possible defence. The prosecutor objected to an application that it be quashed, saying ‘that the defendant having elected to appeal to the sessions, the . .
CitedRex v Cashiobury Hunderd Justices KBD 1823
The court looked to the ouster of the its jurisdiction to issue an order of certiorari to a lower court ‘certiorari always lies, unless it expressly taken away, and an appeal never lies, unless it is expressly given by the statute . . .’ . .

Cited by:
CitedRegina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
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 . .
CitedSivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
CitedIn re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
CitedSinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal.
Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a . .
CitedHM Revenue and Customs, Regina (on the Application of) v Raymond Machell QC and others Admn 21-Nov-2005
The claimant had had goods taken and destroyed by Revenue and Customs, which had been found to be wrongfully condemned. They had been awarded the market value of the goods at UK prices, though they had been bought in France.
Held: The market . .
CitedCart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
CitedEBA v Advocate General for Scotland SC 21-Jun-2011
The appellant had sought to challenge refusal of disability living allowance. Ultimately her request a judicial review of the Upper Tribunal’s decion was rejected on the basis that the UT, being a court of superior record, was not susceptible to . .
CitedAnisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.

Administrative, Judicial Review

Leading Case

Updated: 09 November 2021; Ref: scu.197036

Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Having ‘due regard’ is not Obligation to do

The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the removal of post offices from the list of authorities with duties to make provision for the disabled.
Held: Section 49A requires the relevant public body to have ‘due regard’ to the specified matters. This does not impose a duty to achieve results. It does require the public body to take into account any countervailing factors which, in the context of the function being exercised, it is proper and reasonable for the public authority to consider.
Aikens LJ after reviewing the authorities considered the fulfilment of the duties of the decision maker: ‘i) The public authority decision maker must be aware of the duty to have ‘due regard’ to the relevant matters;
ii) The duty must be fulfilled before and at the time when a particular policy is being considered;
iii) The duty must be ‘exercised in substance, with rigour, and with an open mind’. It is not a question of ‘ticking boxes’; while there is no duty to make express reference to the regard paid to the relevant duty, reference to it and to the relevant criteria reduces the scope for argument;
iv) The duty is non-delegable; and
v) is a continuing one.
vi) It is good practice for a decision maker to keep records demonstrating consideration of the duty.’

Aikens LJ
[2008] EWHC 3158 (Admin), [2009] PTSR 1506
Bailii
Disability Discrimination Act 1995 49A
England and Wales
Cited by:
CitedGill, Regina (on The Application of) v Secretary of State for Justice Admn 26-Feb-2010
Failure to provide programme discriminated
The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and . .
CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
CitedHurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills Admn 17-Feb-2012
The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.
Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do . .
CitedJewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Administrative

Leading Case

Updated: 02 November 2021; Ref: scu.278963

Michael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated: CA 19 Dec 2000

The claimant was seriously injured in a professional boxing match governed by rules established by the defendant’s rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented.
Held: A body which had responsibility for licensing and setting conditions for the boxing matches was liable in negligence when, having assumed responsibility for the boxer’s medical care, the standards it set were inadequate. The setting of rules could be akin to the giving of advice and thus had an indirect influence on the occurrence of the injury. Had the Board said nothing, it might not be liable, but once it gave advice by setting rules, it came to be responsible. If it had in place the appropriate protocols for provision of medical care, the claimant’s injuries would not have been so severe. ‘It seems to me that the authorities support a principle that, where A places himself in a relationship to B in which B’s physical safety becomes dependant upon the acts and omissions of A, A’s conduct can suffice to impose on A a duty to exercise reasonable care for B’s safety.’ and ‘Had the board simply given advice to all involved in professional boxing as to appropriate medical precautions, it would be strongly arguable that there was insufficient proximity between the board and individual boxers to give rise to a duty of care. The board, however, went far beyond this. It made provision in its rules for the medical precautions to be employed and made compliance with these rules mandatory.’

Lord Phillips MR
Gazette 22-Mar-2001, Times 02-Feb-2001, [2000] EWCA Civ 2116, [2001] QB 1134, [2001] PIQR 16
Bailii, Bailii
England and Wales
Citing:
ConsideredPerrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association) CA 22-May-1998
The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox.
Held: A certifying . .
Appeal fromWatson v British Board of Boxing Control QBD 12-Oct-1999
A governing body of a sport, had a duty to insist on arrangements for sporting events, held under its aegis, to ensure proper access to medical aid. There was no contract between the parties, but boxers had to fight under the Board’s rules. A . .
AppliedBarrett v Ministry of Defence CA 3-Jan-1995
The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol . .

Cited by:
CitedBinod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
CitedJane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
CitedSutradhar v Natural Environment Research Council HL 5-Jul-2006
Preliminary Report of Risk – No Duty of Care
The claimant sought damages after suffering injury after the creation of water supplies which were polluted with arsenic. He said that a report had identified the risks. The defendant said that the report was preliminary only and could not found a . .
CitedCalvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .
CitedPortsmouth Youth Activities Committee (A Charity) v Poppleton CA 12-Jun-2008
The claimant was injured climbing without ropes (‘bouldering’) at defendant’s activity centre. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all . .
CitedGeary v JD Wetherspoon Plc QBD 14-Jun-2011
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the . .

Lists of cited by and citing cases may be incomplete.

Administrative, Personal Injury, Negligence

Leading Case

Updated: 02 November 2021; Ref: scu.135634

Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Consultation requirements

The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of absorbing the shortfall in funding which the proposed scheme was intended to meet.
Lord Reid said: ‘This case is . . concerned with a statutory duty of consultation. Such duties vary greatly depending on the particular provision in question, the particular context, and the purpose for which the consultation is to be carried out. The duty may, for example, arise before or after a proposal has been decided upon; it may be obligatory or may be at the discretion of the public authority; it may be restricted to particular consultees or may involve the general public; the identity of the consultees may be prescribed or may be left to the discretion of the public authority; the consultation may take the form of seeking views in writing, or holding public meetings; and so on and so forth. The content of a duty to consult can therefore vary greatly from one statutory context to another: ‘the nature and the object of consultation must be related to the circumstances which call for it’ . . Meaningful public participation in this particular decision-making process, in a context with which the general public cannot be expected to be familiar, requires that the consultees should be provided not only with information about the draft scheme, but also with an outline of the realistic alternatives, and an indication of the main reasons for the authority’s adoption of the draft scheme.’

Lady Hale, Deputy President, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed
[2014] UKSC 56, [2014] WLR(D) 486, [2014] 1 WLR 3947, UKSC 2013/0116, [2014] LGR 823, [2015] 1 All ER 495, [2014] PTSR 1317
Bailii, WLRD, Bailii Summary, SC Summary, SC
Welfare Reform Act 2012
England and Wales
Citing:
At first instanceM and S, Regina (on The Application of) v London Borough of Haringey Admn 7-Feb-2013
The claimants challenged changes to the system of housing benefits.
Held: The claims were dismissed. . .
CitedRegina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .
CitedBaker, Regina (on the Application of) v Devon County Council CA 21-Dec-1992
The plaintiffs appealed against orders dismissing claims for judicial review. They had challenged the intended closure of residential homes for old people. The plaintiffs said that there had been inadequate consultation, and the Councils argued that . .
CitedRegina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
CitedBirkett v Acorn Business Machines Limited CA 16-Jul-1999
The parties had entered into a contract, which both knew was to be used to defraud a third party finance company. When one sued the other for breach, the court refused to order the contract to be enforced when he became aware of the fraud.
CitedOsborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
CitedSalat v Barutis CA 20-Nov-2013
The claimant had been knocked from his motor cyle by the defendant. He hired a replacement, but when he sought payment of the associated hire charges, the defendant said that the hire company had failed to comply with the 208 Regulations, and that . .
CitedRoyal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Another Admn 7-Nov-2011
The claimant, the Royal Brompton and Harefield NHS Foundation Trust sought to quash as flawed and unlawful a consultation by the first defendant concerning the reconfiguration of paediatric congenital cardiac services (PCCS) in England. . .
CitedRoyal Brompton and Harefield NHS Foundation Trust, Regina (on The Application of) v Joint Committee of Primary Care Trusts and Another CA 19-Apr-2012
The defendant appealed against a finding that its consultation over the rationalisation of pediatric cardiac surgical facilities had been defective and unlawful. . .
CitedFletcher v Minister of Town and Country Planning 1947
A local authority being consulted about the government’s proposed designation of Stevenage as a ‘new town’ would be likely to be able to respond satisfactorily to a presentation of less specificity than would members of the public, particularly . .
CitedNichol v Gateshead Metropolitan Borough Council CA 1988
Gateshead, confronted by a falling birth rate and therefore an inability to sustain a viable sixth form in all its secondary schools, decided to set up sixth form colleges instead. Local parents had failed to establish that Gateshead’s prior . .
CitedThe Mayor and Corporation of Port Louis v The Honourable Attorney General of Mauritiuis PC 27-Apr-1965
Meaningful public participation in a decision-making process, in a context with which the general public cannot be expected to be familiar, requires that the consultees should be provided not only with information about the draft scheme, but also . .
CitedMedway Council and Kent County Council, Essex County Council, Mead; Fossett v Secretary of State for Transport Admn 26-Nov-2002
. .
CitedBAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another CA 9-Nov-2007
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance . .

Cited by:
CitedRobson and Another, Regina (on The Application of) v Salford City Council CA 20-Jan-2015
The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed . .

Lists of cited by and citing cases may be incomplete.

Administrative, Benefits

Leading Case

Updated: 02 November 2021; Ref: scu.538151

W v Chief Constable of Northumbria: Admn 7 Apr 2009

The claimant challenged the decision of the respondent to reveal to his employers details of a conviction in 1987, when he was 15, for sexual assault on a child, and that he was presently on bail pending a decision for a further allegation. He was employed to make deliveries including to private homes. He was summarily dismissed, but the investigation referred to did not proceed to charge. The spent conviction was not of a character to make it exemption from being spent. The officer had had no regard to the Home Office circular controlling such disclosures.
Held: The claimant had been given opportunity to explain the extent of his contact with children but had not done so. The decision to disclose was made by a senior officer, not the one complained of. The spent conviction should not have been disclosed, but the police were entitled to take it into account in judging the need to disclose the then current investigation.

Nicol J
[2009] EWHC 747 (Admin)
Bailii
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1974, Rehabilitation of Offenders Act 1974 5(5)4
England and Wales
Citing:
CitedLondon Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .

Lists of cited by and citing cases may be incomplete.

Police, Administrative

Updated: 02 November 2021; Ref: scu.331000

Harris and Another, Regina (on The Application of) v Broads Authority: Admn 12 Apr 2016

The Claimants say this case raises an important legal issue. ‘Can a public body which in law is not a National Park, represent itself (and allow itself to be represented) as a National Park and thereby to enjoy the benefits of National Park status despite the fact that that authority has decided to cease to seek to become a National Park inter alia because it does not wish to be subject to the legal duties imposed on National Parks and National Park Authorities?’
Held: The claim failed. The phrase ‘National Park’ had come to be an ordinary part of the English language describing an area of countryside, usually one important for its natural beauty, wildlife and recreation. The use of the phrase ‘national park’ was not exclusive to the statutory code for National Parks. The relevant legislation had no legal monopoly over the use of the term ‘national park’, whether capitalised or not.
‘, even if the view were to be taken that, as a matter of fairness, the Authority ought to have consulted on a proposal not to pursue ‘the long-term vision’ in the Broads Plan, it is plain that relief should be refused under section 31(2A). The only purpose which the Claimants suggested for requiring such consultation to have taken place is that consultees could have argued for the adoption of the Sandford Principle either now or in the future.’

Holgate J
[2016] EWHC 799 (Admin), [2016] WLR(D) 180, [2017] 1 WLR 567
Bailii, WLRD
National Parks and Access to the Countryside Act 1949
England and Wales

Administrative, Land, Planning

Updated: 02 November 2021; Ref: scu.562131

Calvin v Carr: PC 15 Jan 1979

(New South Wales) It was argued that a decision of the stewards of the Australian Jockey Club was void for having been made in breach of the rules of natural justice.
Held: The stewards were entitled to use the evidence of their eyes and their experience in reaching their decision. The appeal process was an essentially domestic proceeding ‘in which experience and opinion as to what is in the interest of racing as a whole play a large part, and in which the standards are those which have come to be accepted over the history of this sporting activity.’
Following the Leary case: ‘In their Lordships’ judgment, such intermediate cases exist. In them, it is for the court . . to decide whether at the end of the day, there has been a fair result reached by fair methods . . Naturally there may be instances when the defect is so flagrant, the consequences so severe, that the most perfect appeals or rehearings will not be sufficient to produce a just result . . There may also be cases when the appeal process itself is less than perfect: it may be vitiated by the same defect as the original proceedings: or short of that there may be doubts whether the appeal body embarked on its task without predisposition or whether it had the means to make a full and fair enquiry, for example where it has no material but a transcript of what was before the original body. In such cases it would no doubt be right to quash the original decision.’
and ‘What is important is the recognition that such cases exist, and that it is undesirable in many cases of domestic disputes, particularly in which an inquiry and appeal process has been established, to introduce too great a measure of formal judicialisation.’
Lord Wilberforce said: ‘those who have joined in an organisation or contract, should be taken to have agreed to accept what in the end is a fair decision, notwithstanding some initial defect’. The Board considered whether there was a general rule that internal appellate proceedings could cure a defect caused by a failure of natural justice in the original proceedings: ‘. . . their Lordships recognise and indeed assert that no clear and absolute rule can be laid down on the question whether defects in natural justice appearing at the original hearing, whether administrative or quasi-judicial, can be ‘cured’ through appeal proceedings. The situations in which this issue arises are too diverse, and the rules by which they are governed so various, that this must be so.’
and ‘This argument led necessarily into the difficult area of what is void and what is voidable, as to which some confusion exists in the authorities. Their Lordships opinion would be, if it became necessary to fix on one or other of these expressions, that a decision made contrary to natural justice is void, but that, until it is so declared by a competent body or court, it may have some effect, or existence, in law. This condition might be better expressed by saying that the decision is invalid or vitiated. In the present context, where the question is whether an appeal lies, the impugned decision cannot be considered as totally void, in the sense of being legally non-existent. So to hold would be wholly unreal.’

Wilberforce, Dilhorne, Hailsham of St Marylebone, Keith of Kinkel LL
[1979] UKPC 1, [1979] 2 All ER 440, [1980] AC 574, [1979] 2 WLR 755
Bailii, Bailii
Australia
Citing:
Applied but limitedLeary v National Union of Vehicle Builders 1971
The court faced questions on a trades union’s decision as to the membership of the applicant.
Held: As a general rule, ‘a failure of natural justice in the trial body cannot be cured by a sufficiency of natural justice in an appellate body.’ . .

Cited by:
CitedRegina (DR) (AM) v St George’s Catholic School and Others, Regina (A) v Kingsmead School Governors and Another CA 13-Dec-2002
The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the . .
CitedBoddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
CitedFlaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
CitedWhitbread and Co plc v Mills EAT 1988
Where there had been defects in the procedure adopted at a disciplinary hearing, an appeal which was restricted to a review and was not a rehearing could not remedy the defects of the original hearing.
As to the case of Calvin v Carr: . .
CitedTaylor v OCS Group Ltd CA 31-May-2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior . .
CitedLondon and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
CitedMcKeown v British Horseracing Authority QBD 12-Mar-2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. . .
CitedLloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
CitedMajera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .

Lists of cited by and citing cases may be incomplete.

Administrative, Employment, Commonwealth, Natural Justice

Leading Case

Updated: 01 November 2021; Ref: scu.245736

Olutu v Home Office: CA 29 Nov 1996

The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim.
Held: Her action failed. The availablility of a remedy by way of judicial review for a breach of statutory duty is a strong indicator that a private law action for damages will not lie for the breach.
The Human Rights Convention could not be applied here: ‘there was in this case no ambiguity, no obscurity and no absurdity in the statutory provisions, and there was accordingly no ground upon which recourse could be had to the Convention.’
As to the claim against the CPS: ‘There is nothing in the l985 Act or in the 1987 Regulations to suggest that either Parliament or the Secretary of State foresaw the present, very unhappy, conjunction of events: failure to arraign the plaintiff before expiry of 112 days; failure by the CPS to perform its duty under Regulation 6; and failure by the plaintiff to seek release. It cannot in my opinion have been intended to confer a private law right of action for damages in such circumstances.’
Lord Bingham said: ‘The plaintiff was in the custody of the Crown Court. Only by order of the court could that period of custody be brought to an end. Once the custody time limit had expired without extension, the Crown Court would have been obliged to order the release of the plaintiff, but such release would have been on bail and the Crown Court could have imposed terms with which the plaintiff would have been obliged to comply after release. Once the custody time limit had expired, the plaintiff was in my view unlawfully detained, and an order which would have led to her release could have been obtained either from the Crown Court or from the Divisional Court; but it does not follow that in the absence of any such order the Governor was guilty of falsely imprisoning the plaintiff and in my view he was neither entitled nor bound to release her.’

Lord Bingham of Cornhill LCJ, Auld, Mummery LJJ
[1997] 1 WLR 328, [1996] EWCA Civ 1070, [1997] 1 All ER 385
Bailii
Prosecution of Offences (Custody Time Limits) Regulations 1987, Magistrates’ Courts Act 1980 63, Prosecution of Offences Act 1985 22, European Convention on Human Rights 5
England and Wales
Citing:
CitedRegina v Maidstone Crown Court Ex Parte Clark QBD 19-Dec-1994
The judge was wrong to insist on the defendant entering a ‘holding plea’ at an arraignment where this was intended only to circumvent the custody time limits.
Glidewell LJ set out the applicable legislation and summarised its effect: ‘Put . .
CitedRegina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedElguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .

Cited by:
CitedCullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Administrative, Prisons, Human Rights

Leading Case

Updated: 01 November 2021; Ref: scu.184496

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to whether the earlier judgment should now be made available without redactions.
Held: An allegation of cruel, inhuman or degrading treatment was to be treated on the same basis as torture in the circumstances of the present case, and a claim to conceal evidence of cruel, inhuman or degrading treatment or torture under the guise of public interest immunity could not be countenanced as it was incompatible with international law and values. ‘It is the upholding of the rule of law . . that is a factor of the greatest public interest in this case, given the allegations against officials of the United States Government and the role of officials of the Government of the United Kingdom in facilitating what is alleged.’ The requirements of open justice, the rule of law and democratic accountability demonstrate the very considerable public interest in making the redacted paragraphs public, particularly given the constitutional importance of the prohibition against torture and its historic link from the seventeenth century in this jurisdiction to the necessity of open justice. Nevertheless the US had threatened that disclosure would undermine the intelligence relationship with the UK. The alternatives were not adequate. The court could not go behind the Foreign Secretary’s assertion that disclosure would undermine the ability of the state to protect its citizens. The details would not be disclosed. If they are to be disclosed it must be by the US government.
The court identified four questions for redaction:- a) Is there a public interest in bringing the redacted paragraph into the public domain? b) Will disclosure bring about a real risk of serious harm to an important public interest, and if so, which interest? c) Can the real risk of serious harm to national security be protected by other methods or more limited disclosure? d) If the alternatives are insufficient, where does the balance of the public interest lie?

Thomas LJ, Lloyd Jones J
[2009] EWHC 152 (Admin)
Bailii
England and Wales
Citing:
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs, Admn 22-Oct-2008
The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: . .
CitedNorwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
CitedAttorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
Citedex parte Guardian Newspapers Ltd CACD 30-Sep-1998
The defendants purported to serve a notice under Rule 24A(1) of the Crown Court Rules 1982 of an intention to apply for a hearing in camera of their application that the trial be stopped as an abuse of process.
Held: Where an application was . .
CitedC v Crown Prosecution Service Admn 8-Feb-2008
The court considered the practice of hearing submissions from the media in relation to reporting restrictions.
Held: Thomas LJ rejected the submission that, in conducting the Re S balancing exercise the Court should have regard to the public . .
CitedSecretary of State for the Home Department v MB; Same v AF HL 31-Oct-2007
Non-derogating control orders – HR Compliant
MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square . .
CitedWilliams v Home Office (No 2) 2-Jan-1981
The plaintiff prisoner had been transferred from ordinary prison to a special control unit which had been established at the prison as a means of containing and controlling prisoners who were considered to be troublemakers and inducing them to . .
CitedRegina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar HL 14-Jul-1994
Statements made to the police to support a complaint against the police, were not part of the class of statements which could attract public interest immunity, and were therefore liable to disclosure.
Lord Woolf said: ‘The recognition of a new . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedScott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
CitedRegina v Keane CACD 15-Mar-1994
Public Interest Immunity Certificates for the protection of informants must be used only carefully. The Crown must specify the purpose of the public interest immunity certificate. The principles on disclosure in Ward are not limited to scientific . .
CitedRegina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
CitedDerbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
CitedConway v Rimmer HL 28-Feb-1968
Crown Privilege for Documents held by the Polie
The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these . .
CitedRegina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
CitedRegina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
CitedMcCartan Turkington Breen (A Firm) v Times Newspapers Limited HL 2-Nov-2000
(Northern Ireland) The defendant reported a press conference at which the claims denying the criminal responsibility of an army private were made. The report was severely critical of the claimants, who then sued in defamation. The defendants claimed . .
CitedAttorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
CitedCastells v Spain ECHR 23-Apr-1992
The conviction of the applicant for publishing in a weekly magazine an article which insulted the government with the penalty of disqualification from public office, violated the applicants freedom of expression within the meaning of Article 10. ‘ . .
CitedObserver and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
CitedPretto And Others v Italy ECHR 8-Dec-1983
The court considered the value of court proceedings being public: ‘The public character of proceedings before the judicial bodies referred to in Article 6(1) protects litigants against the administration of justice in secret with no public scrutiny; . .
CitedCampbell and Fell v The United Kingdom ECHR 28-Jun-1984
Campbell and others had been involved in conduct within the prison leading to charges against them of mutiny and of striking an officer with a broom handle. The nature of the conduct in question was plainly susceptible of giving rise to criminal . .
CitedHector v Attorney General of Antigua PC 1990
Lord Bridge of Harwich said that: ‘In a free democratic society it is almost too obvious to need stating that those who hold office in government and who are responsible for public administration must always be open to criticism. Any attempt to . .
CitedRegina v Felixstowe Justices ex parte Leigh CA 1987
The court considered the importance of the role played by the media in attending and reporting court proceedings. Watkins LJ said: ‘The role of the journalist and his importance for the public interest in the administration of justice has been . .
CitedAssenov and Others v Bulgaria ECHR 28-Oct-1998
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim . .
CitedCorner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
CitedSecretary of State for the Home Department v Rehman HL 11-Oct-2001
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both . .
CitedTweed v Parades Commission for Northern Ireland HL 13-Dec-2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were . .

Cited by:
CitedAl-Sweady and Others, Regina (On the Application of) v Secretary Of State for Defence (PII) Admn 10-Jul-2009
The claimants alleged murder and ill-treatment by the British Armed forces in Iraq. The defendant had failed repeatedly to comply with disclosure orders and an indemnity costs award had been made against him. The defendant had in particular . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See AlsoMohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See AlsoMohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See AlsoBinyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .

Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights, Constitutional, Media

Updated: 01 November 2021; Ref: scu.282626

Rex v Cheltenham Commissioners: QBD 1841

A statute provided that any decision of the Quarter Sessions as to the levying of certain rates was to be ‘final, binding, and conclusive to all intents and purposes whatsoever’, and that no order made in that connection ‘shall . . be removed or removable by certiorari, or any other writ or process whatsoever, . . ; any law or statute to the contrary thereof in anywise notwithstanding’. An application was made on the basis that one member of the tribunal was disqualified.
Held: Certiorari did lie. Lord Denman CJ said: ‘the clause which takes away the certiorari does not preclude our exercising a superintendence over the proceedings, so far as to see that what is done shall be in pursuance of the statute. The statute cannot affect our right and duty to see justice executed; and, here, I am clearly of opinion that justice has not been executed.’

Lord Denman CJ
(1841) 3 QBD 467, [1841] EngR 582, (1841) 1 QB 466, (1841) 113 ER 1211
Commonlii
Cited by:
CitedCart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
CitedEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .

Lists of cited by and citing cases may be incomplete.

Administrative, Constitutional

Leading Case

Updated: 01 November 2021; Ref: scu.222198

The Advocate General for Scotland v Romein: SC 8 Feb 2018

Paradoxical Inhertiance of Nationality Rights

Whether transmission of British citizenship through the female line allowed from 1983 was retrospective: ‘With effect from 1 January 1983, the restriction to descent in the male line was abrogated by legislation for those born after that date, and 20 years later in 2003 the legislation was retrospectively amended so as to allow those born before 1983 to acquire citizenship through the female line. However, when Ms Romein, who had been born under the old regime, sought to take advantage of the change in 2013, her application for citizenship was rejected on the ground that she was unable to satisfy the statutory condition of registration within a year. The reason why she was unable to do so was that although the law was now deemed at all material times to have allowed claims to citizenship by descent through the female line, the staff of British consulates, acting entirely properly under the law as it actually was, would have refused to register her birth because she was ineligible. A result so paradoxical clearly calls for scrutiny.’
Held: The decision of the Court of session was affirmed.
‘ . . the solution to the paradox is more straightforward . . Because section 4C requires one to assume that section 5 of the 1948 Act had always provided for citizenship by descent in the female line, it is not possible to apply the registration condition in section 5(1)(b) of the 1948 Act to those claiming on that basis, because its application would make nonsense of that assumption. The past is done, and cannot be undone. For nearly 70 years, British consuls have declined to register the births of those claiming by descent through the female line. Throughout that period any purported registration of a person claiming citizenship only through the female line would have been legally ineffective. Given that we are forbidden by section 4C(3D) to assume contrary to the facts that the birth was in fact registered, the only way in which effect can be given to section 4C(3) is to treat the registration condition in section 5(1)(b) as being inapplicable in cases where citizenship is claimed by descent from a mother.’

Lady Hale, President, Lord Sumption, Lord Reed, Lord Hodge, Lady Black
[2018] UKSC 6, [2018] AC 585, 2018 GWD 24-308, 2018 SC (UKSC) 122, [2018] WLR(D) 84, [2018] 2 All ER 849, 2018 SLT 790, [2018] 2 WLR 672, [2018] Imm AR 949, [2018] INLR 287, UKSC 2016/0165, UKSC 2018/0177
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2017 Dec 06 am Video, SC 2017 Dec 06 pm Video, WLRD, SC, SC Summary, SC Summary Video, SC 07 Oct 19 am Video, SC 07 Oct 19 pm Video, SC 08 Oct 19 am Video, SC 08 Oct 19 pm Video, SC 09 Oct 19 am Video, SC 09 Oct 19 pm Video, SC 17 Jun 19 am Video, SC 17 Jun 19 pm Video
Scotland
Citing:
Appeal from (Inner House)Romein v The Advocate General SCS 1-Apr-2016
The petitioner had applied for registration as a British citizen pursuant to section 4C of the British Nationality Act 1981, as amended by the Citizenship and Immigration Act 2009. The respondent, the Secretary of State for the Home Department . .

Lists of cited by and citing cases may be incomplete.

Administrative, Immigration, Discrimination

Leading Case

Updated: 01 November 2021; Ref: scu.604211

Regina v Secretary of State for Health, ex parte United States Tobacco International Inc: CA 1991

The applicant company produced oral snuff. It had opened a factory in the United Kingdom after the Government, on advice, had negotiated an agreement with it to restrict the marketing of the product. The committee, basing itself not on new evidence but on a changed evaluation of the existing evidence, subsequently advised the Secretary of State to ban the product; and the Secretary of State, without disclosing the advice to the company, laid regulations banning the product before Parliament.
Held: The Secretary of State had a duty to consult the company and had acted unfairly in failing to disclose the committee’s advice. The advice was ‘crucial.
Taylor LJ said: ‘One cannot help feeling that the denial of the applicants’ request was due to an inbuilt reluctance to give reasons or disclose advice lest it give opponents fuel for argument. One can understand and respect the need for ministers to preserve confidentiality as to the in-house advice they receive on administrative and political issues from their civil service staff. But here, the advice was from a body of independent experts set up to advise the Secretary of State on scientific matters I can see no ground in logic or reason for declining to show the applicants the text of the advice. In view of the total change of policy the Regulations would bring about and its unique impact on the applicants, fairness demanded that they should be treated with candour. To conceal from them the scientific advice which directly led to the ban was, in my judgment, unfair and unlawful.’
As to the argument that the Regulations were made for the purpose of protecting health and therefore fell outside the scope of enabling legislation concerned with consumer protection, he said that the legislation was ‘apt to protect the consumer whether one calls its purpose consumer protection or public health’.

Taylor LJ
[1992] QB 353, [1991] 3 WLR 529, [1992] 1 All ER 212
Consumer Protection Act 1987
England and Wales
Cited by:
CitedEisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
CitedImperial Tobacco Ltd v The Lord Advocate SC 12-Dec-2012
The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .

Lists of cited by and citing cases may be incomplete.

Administrative

Leading Case

Updated: 01 November 2021; Ref: scu.267527

Local Government Board v Arlidge: HL 1914

A right of appeal against the exercise of a statutory authority requires no general right to an oral hearing before an administrative decision maker, and a hearing on the papers may be perfectly fair for legal purposes.
Lord Shaw said: ‘The words ‘natural justice’ occur in arguments and sometimes in judicial pronouncements in such cases. My Lords, when a central administrative board deals with an appeal from a local authority it must do its best to act justly, and to reach just ends by just means. If a statute prescribes the means it must employ them. If it is left without express guidance it must still act honestly and by honest means. In regard to these certain ways and methods of judicial procedure may very likely be imitated; and lawyer-like methods may find especial favour from lawyers. But that the judiciary should presume to impose its own methods on administrative or executive officers is a usurpation. And the assumption that the methods of natural justice are ex necessitate those of Courts of justice is wholly unfounded. This is expressly applicable to steps of procedure or forms of pleading. In so far as the term ‘natural justice’ means that a result or process should be just, it is a harmless though it may be a high-sounding expression; in so far as it attempts to reflect the old jus naturale it is a confused and unwarranted transfer into the ethical sphere of a term employed for other distinctions; and, in so far as it is resorted to for other purposes, it is vacuous.’

Lord Shaw
[1915] AC 120, [1914-15] All ER 1, 30 TLR 672
England and Wales
Cited by:
CitedRegina v Army Board of Defence Council, ex parte Anderson QBD 1991
army_anderson1991
Members of the Armed Forces who alleged discrimination did not have access to Industrial Tribunals. The only recourse was to make a service complaint which would then be considered by the Army Board. Anderson complained of race discrimination. His . .

Lists of cited by and citing cases may be incomplete.

Administrative, Natural Justice

Leading Case

Updated: 01 November 2021; Ref: scu.539817

Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening): HL 13 Feb 2003

The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an appeal to the County Court on a point of law.
Held: The decision was one which did engage the applicant’s human rights. The officer was not an independent tribunal, but his decision was of the nature recognised in the jurisprudence as administrative, being areas of law considered regulatory and welfare schemes in which decision making was by custom delegated to administrative officers, and such decisions typically did not give rise to a right of appeal on the facts. The appeal on law was adequate.

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Millett, Lord Walker
[2003] UKHL 5, [2003] 1 All ER 739, Gazette 03-Apr-2003, [2003] 2 WLR 388, [2003] 2 AC 430, [2003] ACD 41, [2003] NPC 21, [2003] HRLR 16, [2003] HLR 32, [2003] UKHRR 419, [2003] BLGR 205, 14 BHRC 400, [2003] Hous LR 20
House of Lords, Bailii, Bailii
European Convention on Human Rights 6.1, Housing Act 1996 204, Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 (1996 No 3205, Allocation of Homelessness Functions (review Procedures) Regulations 1999 (1999 No 71)
England and Wales
Citing:
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
Appeal fromLondon Borough of Tower Hamlets v Runa Begum CA 6-Mar-2002
The applicant had applied for rehousing as a homeless person. She was offered interim accommodation but refused it. Her case was reviewed, and her reasons rejected. She claimed the procedure was unfair, in that the authority was looking at decisions . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
CitedLondon Borough of Newham v Adan CA 14-Dec-2001
The applicant was a Dutch national. She appealed for housing as a homeless person. The local authority, after review found her not to have a settled intention to stay in England. She appealed, to the County Court, and succeeded, and the Authority . .
CitedKingsley v The United Kingdom (No 2) ECHR 28-May-2002
The finding that a party had been denied a fair trial may of itself be sufficient compensation. The applicant had been excluded from management of licensed casinos. The appeal board had been found to have given the appearance of bias against him. . .
CitedThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
CitedKaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .

Cited by:
CitedDyson Limited v The Registrar of Trade Marks ChD 15-May-2003
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given . .
CitedLondon Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedIndependent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
CitedFeld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
CitedHall v London Borough of Wandsworth CA 17-Dec-2004
The applicants appealed refusal of their applications for housing having priority housing need being vulnerable because of their mental illness. They said that the original decisions had been reviewed, and that on review deficiencies had been . .
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedCramp v Hastings Borough Council CA 29-Jul-2005
Cases challenged successful appeals by applicants for housing for homelessness, where a county court had ordered a second review of the application. . .
CitedHammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
CitedMB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq.
Held: The section allowed the Secretary of State to impose any necessary conditions, but . .
CitedMalik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
CitedDesnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
CitedF v Birmingham City Council CA 2-Nov-2006
The applicant sought housing as a homeless person with her children. The authority found her in priority need, but intentionally homeless. Her appeal against the adverse review failed, and she appealed again. She had given up a council flat and had . .
CitedAli v Birmingham City Council CA 7-Nov-2008
The Council said that it had discharged its duty to house the claimants after they had refused an offer of accommodation, and that decision had been reviewed. The claimant denied receiving a notice under the procedure. The court was asked whether . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
CitedHeald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedG, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
CitedTomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
CitedCart, Regina (on The Application of) v The Upper Tribunal and Others CA 23-Jul-2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and . .
CitedBubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
CitedBubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
CitedKing, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Administrative, Local Government

Leading Case

Updated: 31 October 2021; Ref: scu.179047

Jordan v United Kingdom; McKerr v United Kingdom; similar: ECHR 4 May 2001

Proper Investigation of Deaths with Army or Police

Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the circumstances of the deaths had not been subject to cross examination.
Held: The right to life is the most fundamental of human rights, and no derogation is to be allowed outside times of war. Where the circumstances of a death are exclusively within the power of the authorities, the burden of proof could be regarded as falling on the authorities. The right could be infringed by a failure to investigate such deaths properly. The inadequacies were such as to lead the court to conclude that that the right to life had been infringed. ‘there must be a sufficient element of public scrutiny of the investigation or its results to secure accountability in practice as well as in theory. The degree of public scrutiny required may well vary from case to case. In all cases, however, the next-of-kin of the victim must be involved in the procedure to the extent necessary to safeguard his or her legitimate interests.’

Times 18-May-2001, 24746/94, 37715/97, 30054/96, [2001] 11 BHRC 1, [2001] 37 EHRR 52, 28883/95, (2002) 34 EHRR 20, [2001] ECHR 323, [2001] ECHR 324, [2001] ECHR 325, [2001] ECHR 327, [2001] ECHR 328, [2001] ECHR 329, [2001] ECHR 330
Worldlii, Worldlii, Worldlii, Bailii, Bailii, Bailii, Bailii
European Convention on Human Rights 2
Human Rights
Citing:
See alsoIn re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .

Cited by:
CitedRegina (Amin) v Secretary of State for the Home Department QBD 5-Oct-2001
An Asian youth was placed in a cell with another who was well known to be violent and racist. He was bludgeoned to death. The family sought a public investigation into how he came to be placed in such a position. An investigation had been refused by . .
CitedKhan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
CitedAmin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
CitedRegina (Wright) v Secretary of State for the Home Department Admn 2001
A serving prisoner suffered a severe asthmatic attack in his cell and died. An inquest was held at which the family of the deceased were present, but unrepresented for want of legal aid. There was no inquiry into the quality of the medical treatment . .
See AlsoIn re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
CitedMiddleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
CitedMullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
CitedThree Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL 11-Nov-2004
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in . .
CitedRegina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
CitedD, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
CitedTakoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
CitedD, Regina (on the Application of) v Secretary of State for the Home Department (Inquest Intervening) CA 28-Feb-2006
The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case.
Held: The appeal failed. The court recited the . .
CitedGentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
CitedSmith v The Assistant Deputy Coroner for Oxfordshire Admn 11-Apr-2008
The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared . .
CitedJL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
CitedMorrison v The Independent Police Complaints Commission and Others Admn 26-Oct-2009
The claimant made a complaint of a serious assault by the police, by the use of a Taser. The defendant had referred the complaint to the IPCC, who said that they should investigate it themselves. The claimant said that to accord with his human . .
See AlsoMcKerr v United Kingdom; Action of the Security Forces in Northern Ireland ECHR 17-Apr-2009
. .
CitedSmith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedTyrrell v HM Senior Coroner County Durham and Darlington and Another Admn 26-Jul-2016
The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes.
Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Coroners, Armed Forces

Leading Case

Updated: 31 October 2021; Ref: scu.166103

F Hoffmann La Roche and Co A G v Secretary of State for Trade and Industry: HL 1975

No Indemnity for misadministration

The Secretary of State sought an interlocutory injunction under the Act to restrain the appellant from charging prices in excess of those fixed by a statutory instrument he had made. The appellant argued that the statutory instrument was ultra vires, because it had been based upon a report by the Monopolies Commission, which the appellant maintained, had been produced without due regard to principles of natural justice. The Secretary of State objected to giving a cross undertaking in damages.
Held: The Secretary of State was not required to give such an undertaking. Lord Reid said that normally a claimant ‘cannot be compelled to give an undertaking but if he will not give it he will not get the injunction.’
The fact that an individual has suffered loss because of an invalid administrative act does not in itself entitle him to be indemnified.
Lord Diplock said: ‘The court has no power to compel an applicant for an interim injunction to furnish an undertaking as to damages.’ and ‘The undertaking is not given to the defendant but to the court itself. Non-performance of it is contempt of court, not breach of contract, and attracts the remedies available for contempts, but the court exacts the undertaking for the defendant’s benefit. It retains a discretion not to enforce the undertaking if it considers that the conduct of the defendant in relation to the obtaining or continuing of the injunction or the enforcement of the undertaking makes it inequitable to do so, but if the undertaking is enforced the measure of the damages payable under it is not discretionary. It is assessed on an inquiry into damages at which principles to be applied are fixed and clear. The assessment is made upon the same basis as that upon which damages for breach of contract would be assessed if the undertaking had been a contract between the plaintiff and the defendant that the plaintiff would not prevent the defendant from doing that which he was restrained from doing by the terms of the injunction.’
. . ‘In constitutional law a clear distinction can be drawn between an Act of Parliament and subordinate legislation, even though the latter is contained in an order made by statutory instrument approved by resolutions of both Houses of Parliament. Despite this indication that the majority of members of both Houses of the contemporary Parliament regard the order as being for the common weal, I entertain no doubt that the courts have jurisdiction to declare it to be invalid if they are satisfied that in making it the Minister who did so acted outwith the legislative powers conferred upon him by the previous Act of Parliament under which the order is ultra vires by reason of its contents (patent defects) or by reason of defects in the procedure followed prior to its being made (latent defects).’
Lord Diplock, Lord Reid, Lord Wilberforce
[1975] AC 295, [1974] 2 All ER 1128, [1974] 3 WLR 104
Monopolies and Restrictive Practices (Inquiry Control) Act 1948 11(2), Monopolies and Mergers Act 1965
England and Wales
Cited by:
CitedBoddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
CitedBugg v Director of Public Prosecutions; Director of Public Prosecutions v Percy QBD 1993
The defendants appealed against convictions for having entered military bases contrary to various bye-laws. They challenged the validity of the bye-laws.
Held: The validity of a bye-law could be challenged in criminal proceedings, but where . .
CitedSmithkline Beecham Plc and others v Apotex Europe Ltd and others PatC 26-Jul-2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions.
Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against . .
CitedSmithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
CitedSomerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
CitedThe Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the . .
CitedMajera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.187068

Regina v His Honour Judge Sir Donald Hurst, ex parte Smith: QBD 1960

The County Court Judge had directed the removal from the electoral register the names of a number of persons who were not party to the proceedings before him. Motions were brought in the Divisional Court for an order of certiorari to quash his directions. The issue arose as to whether there was jurisdiction to do so, having regard to s.107 of the County Courts Act 1959 which provided: ‘Subject to the provisions of any other Act relating to county courts, no judgment or order of any judge of county courts, nor any appeal proceedings brought before him or pending in his court, shall be removed by appeal, motion, certiorari or otherwise into any other court whatever, except in the manner and according to the provisions of this Act mentioned.’
Held: Lord Parker CJ said: ‘The leading case on the matter is Ex p. Bradlaugh (1878), 3 Q.B.D. 509, where Mellor, J., put the principle in these words . . ‘It is well established that the provision taking away the certiorari does not apply where there was an absence of jurisdiction. The consequence of holding otherwise would be that a metropolitan magistrate could make any order he pleased without question.’
To the same effect is a number of cases including, coming to quite recent times, R. v. Worthington-Evans, Ex p. Madan [1959] 2 Q.B. at p.152 and Re Gilmore’s Application [1957] 1 Q.B. at p.588. I am quite satisfied that certiorari will lie against a county court judge if he has acted without jurisdiction, notwithstanding the sections of the County Courts Act, 1959, to which I have referred.’
Lord Parker CJ
[1960] 2 All ER 385
County Courts Act 1959 107
England and Wales
Cited by:
CitedCart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
CitedAnisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.442689

Regina v Fulham, Hammersmith and Kensington Rent Tribunal, ex parte Zerek: 1951

A rent tribunal could not give itself jurisdiction over an unfurnished letting. Devlin J said: ‘While they will not allow every empty threat to their jurisdiction to deter them from their proper business of fixing reasonable rents, they will likewise appreciate that they are not by their nature equipped for the trial of matters which in the ordinary civil court would be determined after pleading and discovery had been given and evidence on oath tested by cross-examination, and possibly, also after trial by jury. The tribunal cannot be required to determine summarily such an issue if it involves a point of substance and if one or other of the parties is willing to have it determined in the ordinary civil courts.’
Devlin J
[1951] 2 KB 1
England and Wales
Cited by:
CitedGrammer v Lane and Others CA 2-Dec-1999
A partnership involving the plaintiff took a tenancy of agricutural land. The plaintiff then said that the tenency had been extended to other land. The successor to the freehold denied that extension, but served a rent demand and for repairs both . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.238658

Thomas v University of Bradford: HL 1987

The lecturer sought an order for the University to comply with what he understood were its own rules. The House considered the availability of a remedy of certiorari in challenging a decision of the University visitors.
Held: A university is not a public body and its decisions are not subject to judicial review. Where an applicant’s Convention Rights, in particular Art 6, are not engaged then the matters in dispute would presently fall exclusively within the visitorial jurisdiction of the university – subject only to the possibility that any ultimate decision of the Board of Visitors might itself be judicially reviewable. Someone such as a professor may be both office holder and employee.
Lord Griffiths said: ‘the exclusivity of the jurisdiction of the visitor is in English law beyond doubt and established by an unbroken line of authority spanning the last three centuries from Philips v Bury (1694) Skin 447 to Hines v Birkbeck College (1985) 3 All ER 15L.’ and ‘I now turn to consider the scope of the visitatorial jurisdiction. The jurisdiction stems from the power recognised by the common law in the founder of an eleemosynary corporation to provide the laws under which the object of his charity was to be governed and to be sole judge of the interpretation and application of these laws either by himself or by such person as he should appoint as a visitor.’
Lord Griffiths
[1987] 1 AC 795, [1987] 1 All ER 834, [1987] ICR 245, [1987] 2 WLR 677
England and Wales
Citing:
CitedPhilips v Bury PC 1694
A university visitor, acting as a judge has exclusive jurisdiction, and his decision is final in all matters within his jurisdiction. . .

Cited by:
Remarks ExplainedRegina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 September 2021; Ref: scu.542701

Bellinger v Bellinger: FD 22 Nov 2000

The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the years, this was an area which, if it was to be reformed, must be reformed by parliament and as a comprehensive whole, not piecemeal by judges. Johnson J said: ‘There is now a distinct possibility that were it possible to do so, examination of the brain of a living individual would reveal further indications of gender. But that is not yet possible and the practical reality is that whatever may ultimately emerge from advances in medical science, the only criteria for determining the gender of an individual remain those identified in Corbett.’
Johnson J
Times 22-Nov-2000, [2001] 1 FLR 389
Matrimonial Causes Act 1973 11
England and Wales
Citing:
CitedCorbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .

Cited by:
Appeal fromBellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
At first instanceBellinger v Bellinger HL 10-Apr-2003
Transgendered Male/Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.78325

Kennedy v United Kingdom: ECHR 18 May 2010

The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to MI5 and GCHQ under the Data Protection Act 1998 to discover whether information about him was being processed had been refused on the grounds of national security. Complaints about such refusals to the Investigatory Powers Tribunal (‘IPT’) chaired by Lord Justice Mummery were examined in private. They concluded with the IPT simply notifying Mr Kennedy that no determination had been made in his favour in respect of his complaints. This ‘meant either that there had been no interception or that any interception which took place was lawful’.
Held: The claim under article 8 failed. The domestic law, practice and safeguards relating to surveillance satisfied the conditions of that article. Leander v Sweden established that the requirement that the consequences of the domestic law must be foreseeable, before any interference could be said to be ‘in accordance with the law’ under article 8(2), ‘cannot be the same in the context of interception of communications as in many other fields’.
As to Article 6, the Court found it unnecessary to decide whether this article applies to proceedings concerning a decision to put someone under surveillance, because it concluded that, assuming it does, the IPT’s rules of procedure complied with the requirements of article 6(1).
[2010] ECHR 682, 26839/05, [2011] 52 EHRR 4
Bailii
Regulation of Investigatory Powers Act 2000 65(2)(b) 65(4), European Convention on Human Rights 8 13, Data Protection Act 1998
Human Rights
Citing:
See AlsoKennedy v United Kingdom ECHR 20-Nov-2008
. .
CitedLeander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
CitedDoorson v The Netherlands ECHR 26-Mar-1996
Evidence was given in criminal trials by anonymous witnesses and evidence was also read as a result of a witness having appeared at the trial but then absconded. The defendant was convicted of drug trafficking. As regards the anonymous witnesses, . .
CitedJasper v The United Kingdom ECHR 16-Feb-2000
Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials.
Held: The right was . .

Cited by:
CitedHome Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
CitedSecretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedPrivacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others SC 15-May-2019
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the . .
CitedHaralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
CitedBelhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.430517

Regina v Commissioners of Inland Revenue, ex parte Unilever plc: CA 1996

The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any warning, was so unfair as to amount to an abuse of power, notwithstanding that the court accepted that the practice was not such as to engage the legitimate expectation doctrine.
The Commissioners are under a common law duty to treat taxpayers fairly, and not to discriminate without justification between taxpayers. It is not always a condition for a legitimate expectation to arise that there should be a clear, unambiguous and unqualified representation by the public authority, the test is whether the public authority has acted so unfairly that its conduct amounts to an abuse of power.
Sir Thomas Bingham MR said: ‘the categories of unfairness are not closed, and precedent should act as a guide not a cage’ and ‘These points cumulatively persuade me that on the unique facts of this case the Revenue’s argument should be rejected. On the history here, I consider that to reject Unilever’s claims in reliance on the time limit, without clear and general advance notice, is so unfair as to amount to an abuse of power’.
Simon Brown LJ said: ”Unfairness amounting to an abuse of power’ as envisaged in Preston and the other Revenue cases is unlawful not because it involves conduct such as would offend some equivalent private law principle, not principally indeed because it breaches a legitimate expectation that some different substantive decision will be taken, but rather because either it is illogical or immoral or both for a public authority to act with conspicuous unfairness and in that sense abuse its power. As Lord Donaldson MR said in R v ITC, ex p TSW: ‘The test in public law is fairness, not an adaptation of the law of contract or estoppel’.’
and ‘on the one hand mere unfairness – conduct which may be characterised as ‘a bit rich’ but nevertheless understandable, and on the other hand a decision so outrageously unfair that it should not be allowed to stand.’
Simon Brown LJ, Sir Thomas Bingham MR
[1996] STC 681
England and Wales
Citing:
Appeal fromRegina v Inland Revenue Commissioners Ex Parte Unilever Plc and Others QBD 12-Sep-1994
The Inland Revenue is to notify taxpayer of a change in acquiescence in practice to late payment. . .

Cited by:
CitedRegina on the Application of Wilkinson v The Commissioners of Inland Revenue CA 18-Jun-2003
The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent . .
CitedRowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Dictum AdoptedRegina (On the Application of Bajram Zeqiri) v Secretary of State for The Home Department CA 12-Mar-2001
The applicant’s case had been delayed to allow a test case as to whether Germany was to be treated as a safe country for the return of asylum seekers. Before the test case appeal was abandoned, circumstances changed so as to allow certification of . .
CitedRashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
AppliedRegina v The National Lottery Commission ex parte Camelot Group Plc Admn 21-Sep-2000
The Commission had considered bids tendered in open competition to run The National Lottery. Neither of the two candidates who entered bids was considered to have satisfied all the criteria necessary to be given the relevant licence. The Commission . .
CitedLondon Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
CitedGallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.184333

Citizens UK, Regina (on The Application of) v Secretary of State for The Home Department: CA 31 Jul 2018

The court considered the need for a public authority to be candid when replying to a claim for judicial review.
Held: In the context, an omission to disclose can amount to misleading the court.
Hickinbottom, Singh, Asplin LJJ
[2018] EWCA Civ 1812, [2018] WLR(D) 497, [2019] 1 All ER 416, [2019] INLR 84, [2018] 4 WLR 123, [2019] Imm AR 86
Bailii, WLRD
England and Wales

Updated: 14 July 2021; Ref: scu.621033

S1, T1, U1 and V1 v Secretary of State for The Home Department: CA 16 Jun 2016

The three appellants were deprived of their nationality when they were in Pakistan where they had been since 2009. One of their arguments before SIAC was that they had not been allowed to return to the UK to take part in their appeals. SIAC decided a preliminary issue against them which was whether the appeals should be allowed because it was impossible to decide them fairly as the appellants were in Pakistan. They submitted that they were inhibited from giving full instructions to their solicitors who had visited Pakistan three times, although they had put in written statements. The Secretary of State pointed out that they had not engaged with the substance of the OPEN national security case against them. They submitted that SIAC should either have allowed their appeals or in their parallel application for judicial review the deprivation orders should be quashed and orders made that the appeals be heard again with the appellants enabled to return to the UK to pursue them. The appellants challenged the withdrawal of their British citizenship arising from alleged membership of terrorist organisation.
Burnett LJ approved the ‘simple answer’ of SIAC in that case to the appellant’s argument that the timing of the deprivation order made it impossible for them to return, which was that there are two stages to the statutory process: the deprivation decision and the deprivation order and SIAC had no jurisdiction to consider an appeal against an order, let alone its timing. Burnett LJ noted that the orders were made when they were to prevent the appellants from travelling to the UK but that timing had nothing to do with potential appeals, rather, as in L1, they had been made to safeguard national security.
Briggs, Burnett, Lindblom LJJ
[2016] EWCA Civ 560
Bailii
British Nationality Act 1981 40
England and Wales
Cited by:
CitedBegum v Special Immigration Appeals Commission and Others CA 16-Jul-2020
Return To UK to fight Citizenship Withdrawal
The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an . .

These lists may be incomplete.
Updated: 14 July 2021; Ref: scu.565679

Elan-Cane, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 22 Jun 2018

Challenge to the lawfulness of the current policy of Her Majesty’s Passport Office to require those who apply for the issue of a passport to declare whether their gender is either male or female, and that a passport will only be issued bearing an ‘M’ (male) or ‘F’ (female) indicator in the sex field, rather than an ‘X’, indicating an unspecified sex.
Held: The Appellant’s non-gender identity did fall within the scope of the right to respect for private life protected by Article 8 ECHR, and the Appellant’s Article 8 right was therefore engaged. However, the Government’s continuing policy did not amount to an unlawful breach of that right and there was therefore no positive obligation on the Government to provide an ‘X’ marker on passports.
A literal reading of the language might lead the reader to conclude that the Appellant ‘is not concerned with gender identification at all’, but the judge rejected that notion, saying: ‘my understanding of what is intended to be conveyed by the use of this phrase is that the claimant is seeking to identify outside the binary concept of gender, rather than entirely rejecting the concept of gender altogether. Furthermore, not only does the current NHS definition of gender dysphoria recognise situations outside the accepted concept of transgenderism, (and the claimant’s hysterectomy was undertaken by the NHS), but it is clear from Kate O’Neil’s evidence that the GEO recognises that an individual’s gender identity includes, ‘. . male, female, both, neither or fluid.’
That being the case, in my judgment, the claimant’s identification is one relating to gender and I consider that it is one encompassed within the expression ‘gender identification’ in Van Kuck.’
‘Although at one time the terms ‘sex’ and ‘gender’ were used interchangeably (and confusingly still are on occasions), due to an increased understanding of the importance of psychological factors (albeit these may be due to differences in the brain’s anatomy), sex is now more properly understood to refer to an individual’s physical characteristics, including chromosomal, gonadal and genital features, whereas gender is used to refer to the individual’s self-perception.’
Jeremy Baker J
[2018] EWHC 1530 (Admin), [2018] WLR(D) 397, [2018] 4 All ER 519, [2018] 1 WLR 5119
Bailii, WLRD
European Convention on Human Rights 8
England and Wales
Cited by:
Appeal fromElan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .
CitedFDJ, Regina (on The Application of) v Secretary of State for Justice Admn 2-Jul-2021
The Claimant challenged the lawfulness of the Defendant’s policies relating to the care and management within the prison estate of persons who identify as the opposite gender from that which was assigned to them at birth. In particular, she . .

These lists may be incomplete.
Updated: 04 July 2021; Ref: scu.618996

Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another: Admn 11 Jan 2002

The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been issued in error, but the claimant asserted that the council were estopped from refusing the certificate. The inspector said the developer knew enough not to have relied upon the letter.
Held: A public authority may be subject to an estoppel even in exercising its statutory duties in exceptional circumstances. Here the representation made by the council was clear and unambiguous, and the applicant believed it and relied upon it to his detriment. It was not justified to say he should have known the falsity of the representation. There is no requirement as to the reasonableness of the claimant relying upon the representation. The inspector erred in law and his decision was quashed.
Richards J
[2002] EWHC 2 (Admin)
Bailii
Town and Country Planning Act 1990 191 192
England and Wales
Citing:
CitedWestern Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .

These lists may be incomplete.
Updated: 04 June 2021; Ref: scu.168018

Regina v Avon County Council Ex Parte Crabtree: CA 15 Nov 1995

Rules of natural justice need not always be followed if the context requires. The scope of the common law rule against bias and its application to the facts of a particular case depends on what the facts are, as does the content of the obligation to act fairly in a particular case
Neill LJ
Times 29-Nov-1995
England and Wales
Cited by:
CitedCheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.86070

K, A and B v Secretary of State for Defence Secretary of State for Foreign and Commonwealth Affairs: Admn 26 Apr 2017

The Claimants have brought public law claims against the Defendants in relation to protection, relocation and compensation, claiming to have acted as covert human intelligence sources, CHIS, for the United Kingdom in Afghanistan.
Simon LJ, Ouseley J
[2017] EWHC 830 (Admin)
Bailii
England and Wales
Cited by:
CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .

These lists may be incomplete.
Updated: 01 June 2021; Ref: scu.582149

International Express Carriers Conference v Commission of the European Communities (Supported by UK, Deutsche Post Ag, the Post Office and La Poste Interveners): ECJ 1 Oct 1998

The Commission was wrong to approve of interception of mail by postal authorities to get around attempts to abuse international agreements for international mail by taking advantage of cheaper rates of foreign operators. The interception was excessive.
Times 01-Oct-1998, T-133/95, T-204/95
Universal Postal Union Convention art 25
European

Updated: 21 May 2021; Ref: scu.82404

Regina v Lord Saville of Newdigate and Members of the Tribunal Sitting As Bloody Sunday Inquiry, ex Parte: B; O and U and V: CA 30 Mar 1999

A second tribunal of enquiry into a matter was not bound by decisions of the first to give anonymity to witnesses. It must however consider that decision. Such tribunals had to govern their own procedures. Appeals against reasons alone are not recommended.
Times 15-Apr-1999, [1999] EWCA Civ 1136
England and Wales
Citing:
Appeal fromRegina v Lord Saville of Newdigate Right Honourable Sir Edward Somers Right Honourable Justice Hoyt (the Members of Tribunal Sitting As Bloody Sunday Inquiry) ex parte B, O, U and V Admn 4-Feb-1999
. .

These lists may be incomplete.
Updated: 19 May 2021; Ref: scu.146051

Singh (Pargan) v Secretary of State for the Home Department: HL 10 Mar 1993

An issue arose as to whether the Secretary of State was required by section 18 of the Immigration Act 1981 to make regulations concerning the giving of notice of a decision for the purposes of appeal. if regulations were not made, the right of appeal conferred by the legislation could not have been exercised.
Held: Provisions for deemed service at the last known address of an applicant are intra vires. The Secretary of State had a duty to make such regulations. It would be assumed that Parliament intended that the person delegated with the relevant power should make regulations so as to activate the right in practice.
A duty to exercise a power would arise on a Minister where its exercise was necessary to give effect to rights created by Parliament.
Lord Jauncey of Tullichettle said: ‘Sections 13 to 16 of the Act confer rights of appeal upon persons in relation to various actions and decisions affecting them, such as refusal of leave to enter the United Kingdom, deportation orders and directions for removal. If those rights are to be effective the persons concerned must, where possible, be given such notice as will enable them to exercise those rights. In my view Parliament intended that the Secretary of State should be required to make regulations that would ensure, so far as practicable, that persons upon whom the rights of appeal had been conferred should be enabled effectively to exercise those rights. It follows that the Secretary of State does not have a discretion as to whether or not he shall make regulations.’
As to service: ‘Mr Mitchell’s argument that service on a person at his last known abode when he is known not to be there is Wednesbury unreasonable also fails. It is to be noted that the attack is not on the vires of regulation 6 but upon its exercise in the particular circumstances of this case. This argument necessarily involves construing ‘last known place of abode’ as meaning ‘last known place of abode at which there is reason to believe he might still be abiding.’ There is no warrant for such a construction. ‘Last known place of abode’ means exactly what it says, no more and no less. If it is known where a person was living but it is not known where he is now living, the former is his last known place of abode at which the regulation directs notice to be given. The formula is well known. For example, R.S.C., Ord. 10, r. 1(2)(a) provides for service of an originating process by posting to the defendant ‘at his usual or last known address.’ ‘
Lord Jauncey of Tullichettle
Gazette 10-Mar-1993, 1993 SC (HL) 1, [1992] 1 WLR 1052
Immigration Act 1971 18
England and Wales
Cited by:
CitedRM v The Scottish Ministers SC 28-Nov-2012
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the . .

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.89278

Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the appeals be allowed by consent.
Held: His reasons were largely been adopted by the Court.
The conflicting decisions had been difficult to reconcile and created uncertainty, and Akhtar and Bibi were overruled.
The Appellants were British citizens by naturalisation under section 6(1) of the British Nationality Act 1981 and that that citizenship remained valid unless and until a formal deprivation order is made pursuant to section 40(3) of the 1981 Act.
Lady Hale, President, Lord Kerr, Lord Wilson, Lord Hughes, Lord Hodge
[2017] UKSC 82, [2018] 2 All ER 471, [2018] INLR 279, [2018] Imm AR 699, [2018] 1 WLR 221, UKSC 2016/0209
Bailii, Bailii Summary, SC, SC Summary
British Nationality Act 1981 6(1)
England and Wales
Citing:
Appeal fromHysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department CA 26-Nov-2015
Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens. . .
CitedRegina v Secretary of State for the Home Department ex parte Sultan Mahmood CA 1978
The applicant appealed refusal of his writ of habeas corpus. He had been arrested pending removal to Pakistan. He said that he had been registered a British Citizen under the 1948 Act. Whilst in Pakistan he had substituted his own photograph for . .
Appeal fromHysaj v Secretary of State for The Home Department CA 16-Dec-2014
Applications for extensions of time to file an appeal should be taken the same as for applications for relief from sanctions, and should attract the same rigorous approach. There is no good reason to have a different approach for public law cases. . .
OverruledRegina v Secretary of State for the Home Department ex parte Parvaz Akhtar CA 1981
The applicant appealed refusal of a writ of habeas corpus. He was to be removed as an illegal immigrant. He had entered claiming to be registered as a British citizen but under somebody else’s identity.
Held: The Secretary of State had had no . .
CitedRegina v Secretary of State for the Home Department Ex Parte Ejaz CA 7-Dec-1993
The question was whether the Secretary of State was entitled to treat a woman, who had obtained naturalisation as the wife of a British citizen, as an illegal entrant on the basis that her husband later turned out not in fact to be a British . .
OverruledBibi and others v Entry Clearance Officer, Dhaka CA 18-Jul-2007
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here.
Held: Her appeal failed. The residence of her late husband was . .

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.601874

Evans, Regina (on The Application of) v HM Attorney General and Another: Admn 9 Jul 2013

The claimant had requested disclosure of correspondence between Prince Charles and assorted government departments. It had been refused, the Attorney General issuing a certificate under section 53(2) after the Upper tribunal had allowed the claimant’s appeal from an initial refusal, stating that he had, on reasonable grounds, formed the opinion that the Departments had been entitled to refuse disclosure of the letters, and set out his reasoning.
Held: The claim for judicial review failed. Section 53 of the Act was an unusual provision giving an executive override or veto of what (in the case of tribunal and court conclusions) would have been a judicial decision. However the language of the section required there to be reasonable grounds for the certifcate, stated cogently and judged objectively. That statutory test should not be glossed with any Wednesbury style test, and nor was the court to substitute its own assessment for that of the minister. ‘Reasonable grounds’ in section 53(2) simply meant grounds which, when viewed on their own, were ‘cogent’, and there was no reason to constrain the expression to exclude the accountable person from forming his own view simply because it differed from that of a court or tribunal.
Lord Judge LCJ, Davis LJ, Globe J
[2013] EWHC 1960 (Admin), [2013] 3 WLR 1631, [2013] WLR(D) 313, [2014] 1 CMLR 8, [2014] 1 All ER 23
Bailii, WLRD
Freedom of Information Act 2000 53, Environmental Information Regulations 2004 (SI 2004/3391)
England and Wales
Citing:
See AlsoEvans v Information Commissioner UTAA 18-Sep-2012
The claimant journalist had requested copies of correspondence between Prince Charles and assorted public bodies.
Held: ‘The Upper Tribunal allows the appeals by Mr Evans. A further decision identifying information to be disclosed to Mr Evans, . .

Cited by:
Appeal fromEvans, Regina (on The Application of) v HM Attorney General and Another CA 12-Mar-2014
The claimant journalist had requested disclosure under the 2000 Act of correspondence between the Prince of Wales and government departments. The Upper Tribunal had found that matters where the prince had acted as advocate were disclosable. . .
Appeal fromEvans v The Information Commissioner and Others CA 12-Mar-2014
Mr Evans had sought release under the 2000 Act of leers from the Prince of Wales to variou government ministers. The Upper Tribunal had allowed his appeal aganst refusal, but the Attorney had then issued a certificate that in his opinion, the . .
At AdmnEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.512206

Simpsons Motor Sales (London) Ltd v Hendon Corporation: HL 1964

The plaintiff complained of an attempt by the defendant local authority to enforce in October 1958 a CPO made several years earlier. He obtained at first instance an injunction to restrain the local authority from proceedings on the basis of an increase in land values between times. The Court of Appeal reversed the first instance decision.
Held: The appeal failed. Delay by the acquiring authority in acquiring the land is not a sufficient ground to disentitle it from proceeding to acquisition if it was based on good conscience unless those seeking the relief can establish bad faith or or that the owners or those seeking the relief have been placed in an unfair position because of the long period which has elapsed since the service of the notice to treat. However, where a body has a power of compulsory acquisition which is expressed or limited by reference to a particular purpose, then it is not legitimate for the body to seek to use the power for a different or collateral purpose.
Lord Evershed accepted that there might be circumstances where a court could interfere, such as where to permit the local authority to enforce its rights under the CPO would: ‘be against good conscience. In order to achieve such a result it seems to me that it would be necessary to show one or both of the following: that there had been on the part of the Corporation, something in the nature of bad faith, some misconduct, some abuse of their powers: that there had been on the part of Simpsons some alteration of their position – something must have been done or not have been done by them on the faith and in the belief that there would be a speedy acquisition of the North road site: in other words, that they had in some sense been put into an unfair position because of the long period which had elapsed since the service of the notice to treat’.
Lord Evershed
[1964] AC 1088
England and Wales
Citing:
Appeal fromSimpsons Motor Sales (London) Ltd v Hendon Corporation (No 1) CA 1962
The use of land purchased under compulsory powers for a different purpose was ultra vires, but did not undermine the original notice to treat. There was no reason not to use a compendious description of the range of purposes for which land was to be . .

Cited by:
CitedSainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
At HLSimpsons Motor Sales (London) Ltd v Hendon Corporation 1965
The paying party under an order for costs objected to the amount of leadig counsel’s fees.
Held: Pennycuick J discussed Rule 28(2) and the Smith -v- Bullins Case: ‘The words ‘or proper for the attainment of justice or for enforcing or . .

These lists may be incomplete.
Updated: 05 May 2021; Ref: scu.414938

Attorney-General v Blake: CA 16 Dec 1997

A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest.
Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.
Lord Woolf M.R., Millett and Mummery L.JJ
Times 22-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3008, [1998] Ch 439, [1998] EMLR 309, [1998] 1 All ER 833
Bailii
England and Wales
Citing:
Appeal fromAttorney General v Blake ChD 23-Apr-1996
The Crown claimed that in writing a book and authorising its publication, Blake, a former security services employee, was in breach of fiduciary duties he owed to the Crown.
Held: Blake was not to be prevented from earning money from the . .

Cited by:
CitedArklow Investments Ltd and Another v Maclean and Others PC 1-Dec-1999
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .

These lists may be incomplete.
Updated: 30 April 2021; Ref: scu.180885

Regina v Warwickshire County Council ex parte Powergen Plc: CA 31 Jul 1997

The council as highway authority had objected to a development on the grounds of road safety. The application was subsequently approved by the Secretary of State, but the Council sought to maintain its safety objection.
Held: The highway authority must co-operate in implementing a planning permission after a successful appeal against its advice that it was an unsafe development. The highway did not have continuing independent discretion to refuse to enter into the section 278 agreement.
Simon Brown LJ stated that ‘because of its independence and because of the process by which it is arrived at’, the inspector’s conclusion had become ‘the only properly tenable view on the issue of road safety’.
Simon Brown LJ, Otton LJ, Mummery LJ
[1997] EWCA Civ 2280, (1997) 96 LGR 617
Bailii
Highways Act 1980 278
England and Wales
Citing:
Appeal fromRegina v Warwickshire County Council Ex Parte Powergen Plc QBD 9-Jan-1997
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled . .
Leave to Appeal grantedRegina v Warwickshire County Council ex parte Powergen Plc CA 30-Apr-1997
Application for leave to appeal – interaction of planning system and section 278. . .
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
CitedRegina v Secretary of State for the Home Department Ex Parte Onibiyo CA 28-Mar-1996
More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of . .
CitedDirector of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .

Cited by:
CitedPortsmouth City Football Club v Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD 17-Sep-2003
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
CitedEvans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .

These lists may be incomplete.
Updated: 23 April 2021; Ref: scu.142677

Kelly v Commissioner of Police for Metropolis: CA 22 Jul 1997

Some forms used by police in reports to the Crown Prosecution Service attract public interest immunity from disclosure in an action against police. Public Interest Immunity is not subject to distinction between task of investigating a complaint and of reporting an investigation.
Gazette 03-Sep-1997, Times 20-Aug-1997, [1997] EWCA Civ 2160
England and Wales

Updated: 23 April 2021; Ref: scu.82714

Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997

The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of fraudulent or dishonest or violent estate agents.
Beldam LJ, Kennedy and Aldous LJJ
Gazette 17-Sep-1997, Times 03-Oct-1997, [1997] EWCA Civ 2282, [1998] QB 948, [1998] 1 All ER 997
Bailii
Estate Agents Act 1979 3(2)(a)
England and Wales
Cited by:
CitedGeneral Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .

These lists may be incomplete.
Updated: 23 April 2021; Ref: scu.77822

Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997

Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, ‘functionaries’) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.’ The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.
Times 02-May-1997, [1997] EWCA Civ 1433, (1997) 111 ILR 611
State Immunity Act 1978 14(1)
England and Wales
Citing:
At QBDRegina v Central Criminal Court Ex Parte Propend Finance Pty Ltd and Others QBD 17-Mar-1994
A Home Secretary requesting warrants must be specific on the type he required. It was his duty, and not that of the police to state the method of seizure of documents for use in a foreign jurisdiction. A judge making an order should give reasons for . .

Cited by:
CitedJones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
CitedJones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .

These lists may be incomplete.
Updated: 21 April 2021; Ref: scu.85060

Stevenage Borough Football Club Limited v Football League Limited: CA 6 Aug 1996

Unfair changes to the rules for the promotion of sports clubs between leagues could not be challenged retrospectively after the team in question had impliedly accepted the rules. An injunction granted may within a sporting league context have unfair consequences on others not party to the proceedings.
Hobhouse, Millett, Swinton-Thomas LJJ
Times 09-Aug-1996, [1996] EWCA Civ 569, [1996] EWCA Civ 570
England and Wales
Citing:
Appeal fromStevenage Borough Football Club Ltd v The Football League Ltd ChD 1-Aug-1996
The Football League is a body subject to judicial review, since it exercises its control over members in the public interest. . .

Cited by:
CitedMcKeown v British Horseracing Authority QBD 12-Mar-2010
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority.
Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. . .
CitedSankofa and Another v The Football Association Ltd ComC 12-Jan-2007
The claimant sought an injunction to order the defendant football association from preventing him playing on a football match. He had been sent off and was subject to an automatic additional one match ban. He sought to exercise a right under the . .

These lists may be incomplete.
Updated: 12 April 2021; Ref: scu.140436

S, Regina (on the Application of) v Secretary of State for Education: CA 15 Jul 1994

[1995] ELR 71, [1994] EWCA Civ 37, [1995] 2 FCR 225, [1995] COD 48
Bailii
Education Act 1981 8
England and Wales
Citing:
Appeal fromRegina v Secretary of State for Education ex parte S QBD 21-Dec-1993
The Secretary of State is to disclose all advice on appeal against special needs assessment. . .

Cited by:
CitedEisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.267531

Regina v Secretary of State for the Home Department ex parte Chahal: CA 27 Oct 1993

Chahal was a Sikh separatist leader who was refused asylum and whom the Secretary of State proposed to deport to India as a threat to national security here.
Held: The Home Secretary must balance the need to deport against against any threat to the deportee’s safety, but his decision was only to be challenged if it was irrational or perverse or unlawful. The court was entitled to look at the assessment made of the risks to the applicant should he be deported in order to determine whether the rejection of the asylum claim was Wednesbury unreasonable. Neill LJ concluded that ‘That the court has power to examine the grounds on which a deportation order is made even where the interests of national security are relied upon, though in practice the the court’s power of scrutiny may be limited.’
Staughton LJ, Neill LJ
Gazette 17-Dec-1993, Independent 10-Nov-1993, Times 27-Oct-1993, [1995] 1 All ER 658
Immigration Act 1971 3(5)(b)
England and Wales
Citing:
Appeal fromRegina v Secretary of State for the Home Department: ex parte Chahal QBD 5-Apr-1993
The Home Secretary need not consider any risk of torture as an issue separate from that of persecution, when considering making an order for deportation. . .

Cited by:
Appeal fromChahal v The United Kingdom ECHR 15-Nov-1996
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
CitedRegina v Secretary of State for Foreign and Commonwealth Affairs ex parte Manelfi Admn 25-Oct-1996
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.87840

Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another: CA 12 May 1994

The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.
Independent 12-May-1994, [1995] 1 WLR 845
England and Wales
Citing:
Appeal fromRegina v Criminal Injuries Compensation Board Ex Parte P QBD 29-Apr-1993
A claim under the scheme is to be understood as a privilege and rules excluding some claims not perverse. . .

Cited by:
CitedIn re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.86876

Carter Commercial Developments v Bedford Borough Council: Admn 27 Jul 2001

The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced within time.
Held: The proceedings had been brought in that form simply in order to circumvent the time limit imposed by Part 54 of the Civil Procedure Rules and ought therefore to be struck out. It was an abuse of process to seek to decide an issue of public law by means of a private law action such as an application for a declaration.
Jackson J
[2001] EWHC (Admin) 669
England and Wales
Cited by:
CitedStancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .

These lists may be incomplete.
Updated: 27 March 2021; Ref: scu.228575

Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.
Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to the duty. Provided the court is satisfied that there has been a rigorous consideration of the duty, so that there is a proper appreciation of the potential impact of the decision on equality objectives and the desirability of promoting them, then . . it is for the decision maker to decide how much weight should be given to the various factors informing the decision.
The concept of ‘due regard’ requires the court to ensure that there has been a proper and conscientious focus on the statutory criteria, but if that is done, the court cannot interfere with the decision simply because it would have given greater weight to the equality implications of the decision than did the decision maker. In short, the decision maker must be clear precisely what the equality implications are when he puts them in the balance, and he must recognise the desirability of achieving them, but ultimately it is for him to decide what weight they should be given in the light of all relevant factors. If Ms Mountfield’s submissions on this point were correct, it would allow unelected judges to review on substantive merits grounds almost all aspects of public decision making.’
. . And ‘It is also alleged that the PSED in this case involves a duty of inquiry. The submission is that the combination of the principles in Secretary of State for Education and Science v Tameside Metropolitan Borough Council . . and the duty of due regard under the statute requires public authorities to be properly informed before taking a decision. If the relevant material is not available, there will be a duty to acquire it and this will frequently mean than some further consultation with appropriate groups is required. ‘
Elias LJ, King J
[2012] EWHC 201 (Admin)
Bailii
Higher Education (Basic Amount) Regulations 2010 (SI 2010/3021), Higher Education (Higher Amount) Regulations 2010 (SI 2010/3020), Higher Education Act 2004 24
England and Wales
Citing:
CitedBrown, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 18-Dec-2008
Having ‘due regard’ is not Obligation to do
The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the . .

Cited by:
CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
CitedJewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .

These lists may be incomplete.
Updated: 23 March 2021; Ref: scu.451389

H and L v A City Council: CA 14 Apr 2011

The court was asked when and how it is proper for a local authority to make disclosure to someone’s commercial contacts of the fact that he is a convicted sex offender.
Held: Where human rights are involved, the appropriate standard of review which the court must adopt is not the Wednesbury test of irrationality but the more intense Daly standard.
[2011] EWCA Civ 403
Bailii
England and Wales
Cited by:
CitedE and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .

These lists may be incomplete.
Updated: 07 March 2021; Ref: scu.432813

Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016

The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ stand-by time (part of (d) in para 6 above) from their calculations.
Held: Subject to that concession, the appeal succeeded. The Judge’s construction gave insufficient weight to the excepting words at the end of section 49(2). These clearly distinguished between different services provided by a nurse at a care home. It did not follow from the fact that a nurse needed to be on call at all times that everything she did while on duty was a service which needed to be provided by a registered nurse. Whether what she did fell within the definition was a factual rather than a legal question.
Laws, Elias, Lloyd Jones LJJ
[2016] EWCA Civ 26, [2016] PTSR 908, [2016] WLR(D) 63, [2016] PTSR 1202
Bailii, WLRD
Health and Social Care Act 2001 49, Care Homes (Wales) Regulations 2002 18(3)
Wales
Citing:
Appeal fromForge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others Admn 11-Mar-2014
The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted.
Cited by:
At CAForge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .

These lists may be incomplete.
Updated: 06 March 2021; Ref: scu.559516

Atec Associates Ltd v HMRC: UTTC 27 May 2010

UTTC Procedure – Transfer of functions of VAT Tribunal to First-tier Tribunal. Procedure – Discretion to apply 1986 Rules in place of 2009 Rules-whether to apply Rule 26(4) of 1986 Rules. Procedure – Application to set aside dismissal of VAT appeals after failure of prior application not attended by the applicant.
[2010] UKUT 176 (TCC), [2010] STI 1755, [2010] STC 1882, [2010] BVC 1526
Bailii
England and Wales

Updated: 04 March 2021; Ref: scu.428154

Suppiah and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 11 Jan 2011

Wyn Williams J said: ‘a policy which is in principle capable of being implemented lawfully but which nonetheless gives rise to an unacceptable risk of unlawful decision-making is itself an unlawful policy.’
Wyn Williams J
[2011] EWHC 2 (Admin)
Bailii
England and Wales
Cited by:
CitedE and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .

These lists may be incomplete.
Updated: 03 March 2021; Ref: scu.427932

Trail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council: Admn 2 Oct 2012

The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The Council said that the maps did not accord with the legislation.
Held: The application failed: ‘there was no strict compliance with the requirements of paragraph 1 of Schedule 14 to the 1981 Act. The maps which accompanied the applications were not drawn to a scale of no less than 1:25,000.’ Moreover, the departures were not such as to fall within a de minimis principle: ‘a map to a scale of 1:50,000 is very different from a map to a scale of 1:25,000, in particular, in terms of the detail relevant to the routes of the claimed ways and their impact relative to surrounding features.’
Supperstone J
[2012] EWHC 2634 (Admin), [2013] PTSR 302
Bailii
Wildlife and Countryside Act 1981 53(5), Natural Environment and Rural Communities Act 2006, Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993, Highways Act 1980 130
England and Wales
Citing:
CitedWinchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
CitedMaroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .

Cited by:
Appeal fromTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others CA 20-May-2013
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
At first InstanceTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .

These lists may be incomplete.
Updated: 01 March 2021; Ref: scu.464625

Sayn-Wittgenstein C-208/09: ECJ 14 Oct 2010

ECJ European citizenship – Freedom to move and reside within the Member States – Refusal by a Member State having abolished the nobility to register one of its nationals under a surname, acquired in another Member State, containing a title of nobility.
ECJ European citizenship – Freedom to move and reside within the Member States – Refusal by a Member State having abolished the nobility to register one of its nationals under a surname, acquired in another Member State, containing a title of nobility.
C-208/09, [2010] EUECJ C-208/09, [2010] EUECJ C-208/09
Bailii, Bailii
European

Updated: 28 February 2021; Ref: scu.425295

Commission v Greece (Law Relating To Undertakings): ECJ 12 Nov 2009

ECJ Failure of a Member State to fulfil obligations – Public procurement -Directive 93/38/EEC Contract notice – Consultancy project – Criteria for automatic exclusion – Qualitative selection and award criteria.
C-199/07, [2009] EUECJ C-199/07
Bailii
European
Citing:
See AlsoCommission v Greece (Law Relating To Undertakings) ECJ 9-Jul-2009
Europa Treaty infringement proceedings – Public procurement – Procedures of entities operating in the water, energy, transport and telecommunications sectors – Criteria for the exclusion of candidates. . .

Cited by:
CitedAzam and Co v Legal Services Commission ChD 5-May-2010
Azam_lscChD10
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its . .

These lists may be incomplete.
Updated: 25 February 2021; Ref: scu.415259

Badger Trust, Regina (on The Application of) v The Welsh Ministers: Admn 16 Apr 2010

The Claimant, the Badger Trust, seeks to challenge the decision of the Minister for Rural Affairs pursuant to the Animal Health Act 1981 to make the Tuberculosis Eradication (Wales) Order 2009
[2010] EWHC 768 (Admin), [2010] NPC 45
Bailii
Animal Health Act 1981, Tuberculosis Eradication (Wales) Order 2009
Wales

Updated: 24 February 2021; Ref: scu.408636

Kang, Regina (on The Application of) v Children and Family Court Advisory and Support Service (CAFCASS): CA 22 Feb 2010

Application for leave to appeal against refusal of leave to bring judicial review of action of an officer of CAFCASS in a case, and in particular the handling of a complaint against the officer.
Waller, Wilson LJJ
[2010] EWCA Civ 317
Bailii
England and Wales

Updated: 24 February 2021; Ref: scu.407763

Maroudas v Secretary of State for Environment Food and Rural Affairs: CA 18 Mar 2010

The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly comply with para 1 of Schedule 14 . . But that does not mean that a valid application must be contained in a single document, namely the prescribed form . . Minor departures from the requirements of para 1 do not invalidate an application. In my judgment, there are circumstances in which a valid application may be contained in the application form when read with another document.’ The lack of a date and signature in an application form can in principle be cured by a dated and signed letter sent shortly after the submission of the form, where the omissions are pointed out and the Council is asked to treat the application as bearing the date of the letter and the signature of the author of the letter. However, even making de minimis allowances, the application was not compliant.
Dyson, Richards, Jackson LJJ
[2010] EWCA Civ 280
Bailii
Wildlife and Countryside Act 1981 53, Natural Environment and Rural Communities Act 2006 67(1)
England and Wales
Citing:
CitedDA Botany Bay City Council v Remath Investments 15-Dec-2000
(Supreme Court of New South Wales – Court of Appeal) A statute provided that ‘A development application shall . . (b) be made in the prescribed form and manner; . . and (d) . . be accompanied by an environmental impact statement in the prescribed . .
CitedWinchester College and Another, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs CA 29-Apr-2008
The college appealed against modifications of definitive map to upgrade two footpaths to byways open to all traffic. The college was circled by footpaths which it wished to protect when the council constructed a new bypass.
Held: The College’s . .
Appeal fromMaroudas v Secretary of State for Environment, Food and Rural Affairs and Another Admn 9-Mar-2009
Application was to quash the decision of the Secretary of State, made by an inspector in May 2008 following a hearing, to confirm a modification order made in response to an application originally made under section 53(5). It had had several . .

Cited by:
CitedFortune and Others v Wiltshire Council and Another CA 20-Mar-2012
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights.
Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the . .
CitedTrail Riders’ Fellowship and Another, Regina (on The Application of) v Dorset County Council Admn 2-Oct-2012
The claimants challenged rejection of five applications under section 5 of the 1981 Act for modification orders allowing the upgrade of routes to provide vehicular public rights of way. The applications had been submitted using digital mapping. The . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .

These lists may be incomplete.
Updated: 23 February 2021; Ref: scu.403355

Club Hotel Loutraki and Others: ECJ 29 Oct 2009

ECJ (Law Relating To Undertakings) Opinion – Public contracts – Contract for the sale of shares and a service component – Classification Procedure for the award of public contracts – National legislation prohibiting individual actions by one of the members of a public service temporary association without legal personality – Revival of jurisprudence.
Sharpston AG
C-145/08, [2009] EUECJ C-145/08 – O
Bailii
European
Cited by:
OpinionClub Hotel Loutraki and Others ECJ 6-May-2010
Directive 92/50/EEC Public service contracts Service concessions Mixed contract – Contract including the transfer of a block of shares in a public casino business – Contract under which the contracting authority entrusts to the contracting . .

These lists may be incomplete.
Updated: 19 February 2021; Ref: scu.380280

Energysolutions EU Ltd v Nuclear Decommissioning Authority: CA 15 Dec 2015

The claimant had tendered for a part in a major nuclear decommissioning project.
Lord Dyson MR, Tomlinson, Vos LJJ
[2015] EWCA Civ 1262, [2015] WLR (D) 528, 163 Con LR 27, [2016] PTSR 689
Bailii, WLRD
Public Contracts Regulations 2006
England and Wales
Citing:
Appeal fromEnergy Solutions EU Ltd v Nuclear Decommissioning Authority TCC 23-Jan-2014
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. . .

Cited by:
Appeal fromNuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .

These lists may be incomplete.
Updated: 15 February 2021; Ref: scu.557082

Maroudas v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 9 Mar 2009

Application was to quash the decision of the Secretary of State, made by an inspector in May 2008 following a hearing, to confirm a modification order made in response to an application originally made under section 53(5). It had had several failings, but these had been addressed by the authority.
Held: Mackie QC upheld the inspector’s decision to treat the application as validly made by the relevant date. As he observed, there had been nothing ‘opportunistic’ about the application, made long before any hint of the proposals which led in due course to the 2006 legislation. Although he was bound by the Winchester decision, and he accepted that the defects in the original application could not be treated as ‘minor’, he was entitled to look ‘at the substance of the matter’, which was that: ‘by the time the letter of 22 April 1997 was written it was perfectly clear what the application related to. There was a map, as one sees from ‘enclosed is a summary plan of the application’ in the letter of 25 March 1997, and a signature and a date. No one would, or could, have been misled about what happened after that. Mr Maroudas rightly had to accept that he would have no grounds at all for his application if, instead of the exchange of letters, the council had gone through the bureaucratic, or some would say necessary, step of returning the form to [the applicant] to sign and amend, rather than resolving the matter on an exchange of correspondence. That seems to me to move proper strictness into unnecessary bureaucracy . . .’
Mackie QC HHJ
[2009] EWHC 628 (Admin)
Bailii
Cited by:
Appeal fromMaroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council SC 18-Mar-2015
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive.
Held: The Council’s appeal failed. The plan was too . .

These lists may be incomplete.
Updated: 14 February 2021; Ref: scu.330989

Meany and Others, Regina (On the Application of) v Harlow District Council: Admn 9 Mar 2009

Challenge to process used for advertising an invitation to tender for its welfare rights and advice services within the district.
Held: Davis J said that the: ‘general regard to issues of equality is not the same as having specific regard, by way of conscious approach to the statutory criteria.’
Davis J
[2009] EWHC 559 (Admin)
Bailii
Cited by:
CitedJewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
ApprovedBailey and Others, Regina (on The Application of) v London Borough of Brent Council and Others CA 19-Dec-2011
Appeal against failure of challenge to decision to close public libraries. . .

These lists may be incomplete.
Updated: 14 February 2021; Ref: scu.329567

Regina v Institute of Chartered Accounts and Others, Ex Parte Brindle and Others: CA 12 Jan 1994

The Bank’s liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly.
Times 12-Jan-1994, [1994] BCC 297
England and Wales
Cited by:
CitedRegina v Chance, ex parte Smith QBD 1995
The applicant sought to delay disciplinary proceedings by the accountancy body pending the outcome of civil litigation over a related matter.
Held: ‘ . . as Parliament has entrusted the initial valuation of the case against the applicants to . .
CitedLand and others v the Executive Counsel of the Joint Disciplinary Scheme QBD 15-Oct-2002
The applicants were partners and staff in Ernst and Young. They sought a stay of disciplinary proceedings brought against them by the accountancy regulators pending resolution of the civil claim against them in respect of closely related issues . .
CitedRegina v Executive Counsel of the JDS, ex parte Hipps ChD 1996
The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings.
Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original . .

These lists may be incomplete.
Updated: 13 February 2021; Ref: scu.86952

Regina v Inland Revenue Commissioners Ex Parte Unilever Plc and Others: QBD 12 Sep 1994

The Inland Revenue is to notify taxpayer of a change in acquiescence in practice to late payment.
Ind Summary 12-Sep-1994
England and Wales
Cited by:
Appeal fromRegina v Commissioners of Inland Revenue, ex parte Unilever plc CA 1996
The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .

These lists may be incomplete.
Updated: 13 February 2021; Ref: scu.86940

Commission v Germany – C-480/06: ECJ 19 Feb 2009

ECJ (Law Relating To Undertakings) – Opinion – Public service contracts Scope of Directive 92/50/EEC Procedure for the award of public service contracts Technical reasons
Mazak AG
C-480/06, [2009] EUECJ C-480/06 – O
Bailii
European
Cited by:
OpinionCommission v Germany – C-480/06 ECJ 9-Jun-2009
Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract . .

These lists may be incomplete.
Updated: 13 February 2021; Ref: scu.311998

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs,: Admn 22 Oct 2008

The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: The claimant had been taken unlawfully. The documents were essential to him in defending himself before the US convening commission. There was no good reason why the documents were not made available to the claimant by the US. The US now produced statements made by the defendant after being held for two years incommunicado by them and produced only after alleged torture. The senior US prosecutor had resigned because he had not been allowed to disclose exculpatory material, including sleep deprivation treatment. The US had then discharged all charges against the claimant. There remained however serious allegations of misconduct against a friendly power. The matter should be adjourned pending a further hearing. Despite promises that only certain information would be redacted, heavy unexplained redactions remained.
Thomas LJ, Lloyd Jones J
[2008] EWHC 2519 (Admin)
Bailii
England and Wales
Citing:
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
CitedRustenberg Platinum Mines v Pan American Airways 1977
A party should be given advance notice of an intention to make serious allegations of wilful misconduct. . .

Cited by:
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See AlsoMohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See AlsoMohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See AlsoBinyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .

These lists may be incomplete.
Updated: 11 February 2021; Ref: scu.277295

Edwards, Regina (on the Application of) v Criminal Cases Review Commission: Admn 13 Oct 2008

The claimant sought judicial review of the decision of the defendant not to refer his case to the court. He argued that he should have been allowed to present a defence of entrapment.
Pill LJ, King J
[2008] EWHC 2389 (Admin)
Bailii
Criminal Appeal Act 1995
England and Wales

Updated: 11 February 2021; Ref: scu.277012

Bracking and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 24 Apr 2013

‘The claimants are all severely disabled people who are current users of the Independent Living Fund (ILF). They seek judicial review of two decisions of the defendant Secretary of State. The first is the consultation engaged in between July and October 2012 as to the impact of the proposed closure of the ILF and the second is the decision made in December 2012 to close the fund.’
Held: The request for judicial review was dismissedm
Blake J
[2013] EWHC 897 (Admin)
Bailii
England and Wales
Cited by:
Appeal fromBracking and Others v Secretary of State for Work and Pensions CA 6-Nov-2013
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund.
Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . . .

These lists may be incomplete.
Updated: 10 February 2021; Ref: scu.472949

Riley, Regina (on the Application of) v Criminal Injuries Compensation Appeal Panel: Admn 16 Jul 2008

The claimant sought judicial review of the decision of an appeal panel of the respondent board to proceed with hearing his appeal in his absence.
Held: Not all the reasons given by the tribunal were convincing, and ‘In my judgment, the claimant did have a reasonable excuse for his non-attendance and he should have been granted a postponement. I cannot say that if he had been granted a hearing there is no real chance that that would have made a difference to the outcome. ‘
James Goudie QC
[2008] EWHC 1954 (Admin)
Bailii
England and Wales

Updated: 10 February 2021; Ref: scu.272817

Mt, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 25 Jul 2008

The court asked two questions: It is trite law that public authorities must take into account relevant considerations but when does a public authority have a duty to be proactive in acquiring knowledge of those relevant considerations? Secondly, as to the responsibility of a public authority when third parties perform statutory functions, acting under a contract or sub-contract with the public authority. If the third party is an agent of the public authority, in what circumstances is the public authority liable for its failings?
Cranston J
[2008] EWHC 1788 (Admin)
Bailii
England and Wales

Updated: 09 February 2021; Ref: scu.271104

Asociacion Profesional De Empresas De Reparto Y Manipulado De Correspondencia v Administracion General del Estado: ECJ 18 Dec 2007

ECJ (Freedom To Provide Services) – Public procurement Liberalisation of postal services Directives 92/50/EEC and 97/67/EC’ Articles 43 EC, 49 EC and 86 EC National legislation allowing public authorities to conclude agreements for the provision of both reserved and non-reserved postal services with a publicly owned company, namely the provider of universal postal service in the Member State concerned, without regard to the rules governing the award of public service contracts.
[2007] ECR I-12175, [2007] EUECJ C-220/06
Bailii
European
Cited by:
CitedBrent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .

These lists may be incomplete.
Updated: 05 February 2021; Ref: scu.262902

Poole and others v Her Majesty’s Treasury: ComC 8 Nov 2006

Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the directive. That role was for the European Community. The claimants were not those intended to benefit from the Directive, and the claims were statute barred in any event.
Langley J
[2006] EWHC 2731 (Comm), Times 01-Dec-2006
Bailii
Council Directive 73/239/EEC of July 24, 1973, on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance
England and Wales
Citing:
AppendicesPoole and others v Her Majesty’s Treasury (Appendices) ComC 8-Nov-2006
. .

These lists may be incomplete.
Updated: 31 January 2021; Ref: scu.245917

Poole and others v Her Majesty’s Treasury (Appendices): ComC 8 Nov 2006

[2006] EWHC 2731 – 2 (Comm)
Bailii
England and Wales
Cited by:
AppendicesPoole and others v Her Majesty’s Treasury ComC 8-Nov-2006
Names at Lloyds sought damages saying that the government’s failure to implement the Directive had caused them losses.
Held: The claim failed. The claimants did not themselves have a right to require a member state to take up and implement the . .

These lists may be incomplete.
Updated: 31 January 2021; Ref: scu.245916

Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006

The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC.
Held: There had been very poor administration of the issue of the letter, but the failures did not assist the claimant. The core submission was that the charge having been dismissed by the committee, it was unlawful to issue the letter on the same basis: ‘the more serious a public authority’s interference with an individual’s interests, the more substantial will be the justification which the court will require if the interference is to be permitted. ‘ There was in this case a pressing need to inform the employer that 6 women had separately made accusations against the doctor, even though no convictions had followed.
Ward LJ, Laws LJ, Longmore LJ
[2006] EWCA Civ 989, Times 28-Aug-2006
Bailii
England and Wales
Citing:
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedRegina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Appeal fromDr D v The Secretary of State for Health Admn 13-Dec-2005
There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving . .
CitedAssociated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
CitedIn Re V (Minors) (Sexual Abuse: Disclosure); In Re L (Sexual Abuse; Disclosure) CA 8-Oct-1998
In each case the local authority involved in care proceedings sought to disclose to others (another authority and the football league), information which had come to light regarding sexual improprieties of the parties to the cases. It was . .
CitedMullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
CitedRegina v Local Authority and Police Authority in the Midlands ex parte LM 2000
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an . .
CitedHammern v Norway ECHR 11-Feb-2003
The claimant was acquitted by a jury at trial and he then sought compensation for the period of his detention on remand. The test applied was whether ‘it is shown to be probable that he did not perform the act that formed the basis for the charge’. . .
CitedRegina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
CitedPG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
CitedRegina (A) v Chief Constable of C QBD 2001
The court considered the disclosure of unproved allegations as between police forces. Police authorities had disclosed information concerning the claimant to each other and in one case to a local authority. The information related to allegations of . .

These lists may be incomplete.
Updated: 30 January 2021; Ref: scu.243321

Feakins and Another v Department for Environment, Food and Rural Affairs: CA 8 Jun 2006

The claimants sought to re-open their appeal saying that the respondent department had failed properly to describe the workings of the clawback scheme under which its claim had been made.
Held: A DEFRA official had provided materially incorrect information to the court in a witness statement. The judgment should be set aside.
Mr Justice Moses Lord Justice Dyson Lady Justice Smith
[2006] EWCA Civ 699
Bailii
England and Wales
Citing:
See AlsoFeakins v Secretary of State for Environment, Food and Rural Affairs Admn 20-Dec-2002
. .
Now set asideRegina on the Application of Feakins v Secretary of State for Environment, Food and Rural Affairs CA 4-Nov-2003
The applicant farmer had substantial volumes of potentially contaminated carcasses on his land. The respondent derogated from the European regulations which would have arranged for the disposal of the carcasses. The respondent challenged the . .
See AlsoDepartment of the Environment, Food and Rural Affairs v Feakins and Another CA 6-Apr-2006
. .

Cited by:
CitedBancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) SC 29-Jun-2016
Undisclosed Matter inadequate to revisit decision
The claimant sought to have set aside a decision of the House of Lords as to the validity of the 2004 Order, saying that it had been based on a failure by the defendant properly to disclose matters it was under a duty of candour to disclose.
Updated: 30 January 2021; Ref: scu.242360

Goel v Pick: ChD 12 Apr 2006

The bankrupt had been entitled to a valuable vehicle registration mark ‘AMR 1T’. He sold it to a creditor, the claimant to clear that debt. The trustee now said that the purported assignment was ineffective.
Held: ‘VRMs are assigned to vehicles, not to registered owners or other individuals. The Secretary of State has power to assign or re-assign a VRM under Section 23(2) but a vehicle owner cannot require him to do so. The only relevant right which a vehicle owner has in relation to the transfer of a VRM from one vehicle to another is to seek the exercise in his favour of the Secretary of State’s power under Section 26. ‘ The right was not a chose in action capable of assignment. Had he been entitled to the VRM, any assignment would have been an unlawful preference.
Sir Francis Ferris
[2006] EWHC 833 (Ch), Times 28-Jun-2006
Bailii
Vehicle Excise and Registration Act 1994 23 26, Insolvency Act 1986 340(3)
England and Wales
Citing:
DistinguishedIn re Fry ChD 1946
A settlor executed a transfer of shares but failed to obtain the consent of the Treasury under the Regulations. The transferees argued that the testator had executed documents which were appropriate to the subject matter of the gift, namely the . .

These lists may be incomplete.
Updated: 28 January 2021; Ref: scu.240438

Secretary of State for the Home Department v Hicks: CA 12 Apr 2006

The claimant was held as a suspected terrorist by the US government in Guantanamo Bay. He had Australian citizenship but qualified also for British citizenship. He had sought that citizenship and protection. The secretary of state appealed an order recognising his citizenship as of right, relying upon a provision allowing him to deprive someone of their citizenship where he had done something seriously prejudicial to the country’s vital interests. However he could not rely upon anything doe by the applicant before the new provision.
Held: Conduct of an Australian in Afghanistan in 2000 and 2001 was not capable capable of constituting disloyalty or disaffection towards the United Kingdom, a state of which he was not a citizen, to which he owed no duty and upon which he made no claims. Where a person has the right to citizenship and takes, or is prepared to take, the appropriate oath and give the appropriate pledge, basic fairness requires an assessment of his state of mind when he has become a citizen before he can be deprived of the citizenship granted. The appeal ws dismissed.
Pill LJ, Rix LJ, Hooper LJ
[2006] EWCA Civ 400
Bailii
British Nationality Act 1981, British Nationality Act 1948
England and Wales
Citing:
Appeal fromHicks, Regina (on the Application of) v Secretary of State for the Home Department Admn 13-Dec-2005
The claimant, an Australian, presently held by the US as a suspected terrorist in Guantanamo Bay sought to be registered as a British Citizen, saying he was entitled to registration as of right.
Held: The past behaviour of an applicant was not . .
CitedJoyce v Director of Public Prosecutions HL 1948
The defendant was an American citizen but held a British passport. After the outbreak of war between Great Britain and Germany in 1939, he delivered from German territory broadcast talks in English hostile to Great Britain.
Held: His . .
CitedRegina v Secretary of State for Home Department ex parte Naheed Ejaz QBD 23-Jul-1993
Using somebody else’s British passport, the applicant’s husband had masqueraded as a British citizen. The applicant had applied under section 6(2) of the 1981 Act for naturalisation as a British citizen on the ground that she was married to a . .
CitedRegina v Arrowsmith 1975
The defendant was charged with endeavouring to seduce a member of Her Majesty’s forces from his duty or allegiance to Her Majesty.
Held: A soldier owes allegiance to the Crown, whether he has taken the oath of allegiance or not. . .
CitedGeok v Minister of the Interior PC 1964
A provision of the Constitution of Malaysia allowed the Federal Government to deprive a person of his citizenship ‘if satisfied that he has shown himself by act or speech to be disloyal or disaffected towards the Federation’. The allegations against . .
CitedBurns v Ransley 1949
(High Court of Australia) An Australian citizen, was convicted of uttering seditious words, contrary to Section 24 of the Crimes Act 1914-1946. Under S24B seditious words were words expressive of a seditious intention, and a seditious intention, by . .

These lists may be incomplete.
Updated: 28 January 2021; Ref: scu.240361

Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust: CA 12 Apr 2006

The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin.
Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy which treated financial considerations as irrelevant, but at the same time its policy is to refuse funding save where exceptional personal or clinical circumstances can be shown. There was no evidence that one woman in a group who might benefit might have a greater clinical need than another, and ‘there is no rational basis for distinguishing between patients within the eligible group on the basis of exceptional clinical circumstances any more than on the basis of personal, let alone social, circumstances.’ Where fundamental rights are involved the court must subject the decision to rigorous scrutiny.
The court interpreted the decision in North West Lancashire: ‘a policy of withholding assistance save in unstated exceptional circumstances . . will be rational in the legal sense provided that it is possible to envisage and the decision-maker does envisage, what such exceptional circumstances might be. If it is not possible to envisage any such circumstances then the policy will be in practice a complete refusal of assistance: and irrational as such because it is sought to be justified not as a complete refusal but as a policy of exceptionality.’
Lord Justice Buxton, Lord Justice Brooke, Sir Anthony Clarke MR
[2006] EWCA Civ 392, [2006] 1 WLR 2649
Bailii
National Health Act 1977 16A, National Health Service (Functions of Strategic Health Authorities and Primary Care Trust etc) Regulations 2002
England and Wales
Citing:
CitedIn Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
InterpretedNorth West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
CitedRegina v Warwickshire County Council, Ex parte Collymore 1995
The court questioned the over rigid application of a policy in a decision by the respondent. . .
CitedRegina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .
CitedRegina v Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
CitedRegina v Cambridge and Huntingdon Health Committee Ex Parte B CA 10-Mar-1995
A decision by a Health Authority to withhold treatment for a patient could be properly so made. It was not ordinarily to be a matter for lawyers. A Health Authority’s withholding of treatment, which might not be in a child’s simple best interests . .

Cited by:
CitedA v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth CA 12-Apr-2006
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the . .
CitedAC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
ac_berkshireAdmn10
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .

These lists may be incomplete.
Updated: 28 January 2021; Ref: scu.240360