High Court: Administrative Court judgments, 2003

Under Patent Co-operation Treaty art 11(1)(iii), the receiving office performs a superficial, formal check. It must identify a part which, on its face, appears…

A person arrested in England under a Jersey warrant may be detained and returned under section 13 of the Indictable Offences Act 1848 where the statutory…

When deciding whether to extend a custody time limit, the court must consider both whether there is good and sufficient cause and whether the prosecution has…

The statutory after-care status of a young person depends principally on whether, and when, he was looked after by a local authority and whether he satisfied…

A prisoner’s freedom of expression is qualified by the consequences of imprisonment and may lawfully be restricted beyond matters of internal prison order or…

A decision-maker need not consult on every possible option, but consultees must not be misled about the legal options available. Presenting voluntary warnings…

A Parole Board has inherent power to control its procedure and, in exceptional circumstances, may appoint a special advocate even where no express statutory…

A planning authority deciding whether objections to proposed local-plan modifications justify a further inquiry must consider all material circumstances…

Where competing claims are made for the release of a deceased person’s remains, the court is not confined to identifying the person entitled to administer the…

The common law permits police officers executing an extradition arrest warrant to search and seize evidence within the limits identified by Rottman. Those…

A planning permission must be construed objectively and in a common-sense manner. Where the permission is clear, the court ordinarily considers only the…

A local planning authority deciding whether to hold a further inquiry into objections to proposed modifications must consider all materially relevant…

In assessing inappropriate development in the Green Belt, the decision-maker must weigh the harm caused by inappropriateness and any other harm against the…

A statutory disclosure power may satisfy the in accordance with law requirement under Article 8(2), even where it confers a wide discretion, if its statutory…

In a planning challenge, the weight given to an emerging development-plan policy is a matter of judgment for the decision-maker, provided the principal…

A local authority’s decision about allocating units in a publicly owned market may be amenable to judicial review where the function has a sufficient public…

Under section 14A of the Football Spectators Act 1989, a banning order following conviction for a relevant offence does not require proof that the offender…

A final warning under the Crime and Disorder Act 1998 requires an unequivocal admission to a constable. The scheme encourages early frankness and swift…

The designation of a convicted prisoner as a “technical lifer” is an administrative decision about post-conviction detention. It is not a sentencing exercise…

A disciplinary tribunal must determine the real issue raised by the charges and evidence. In a solicitor-conduct case involving instructions through agents…

In an education disability-discrimination claim, the comparator under section 28B(1)(a) of the Disability Discrimination Act 1995 is selected by the same…

Article 5.4 does not require one tribunal to review every legal basis for a person’s detention. Different specialist courts may review different heads of…

A Youth Court dealing with a person aged 15 to 17 should commit an indictable offence to the Crown Court only where there is a real possibility of a custodial…

The judicial review application was dismissed. The claimant was ordered to pay the defendant’s costs, assessed on the standard basis if not agreed.

In judicial review of an expert disciplinary or professional assessment, the court must preserve the distinction between reviewing legality and deciding…

A decision by a prosecuting authority not to prosecute is amenable to judicial review, but review is exercised sparingly. The court may intervene where the…

A professional performance committee need not give a fully reasoned judgment. It must explain briefly but clearly why it has reached its determination. It is…

Whether a building is required for a purpose incidental to the enjoyment of a dwellinghouse as such is assessed objectively, as a question of fact and degree.…

Under section 50(1) of the Mental Health Act 1983, the responsible medical officer decides only the clinical question whether the patient no longer requires…

A public authority deciding whether to fund specialist medical treatment may consider clinical effectiveness, finite resources and the individual circumstances…

For a civil proceedings order under section 42 of the Supreme Court Act 1981, the court must determine whether the litigant has habitually and persistently…

An adjudicator considering objections to school admission arrangements must address their substance, but remains confined by the objection actually made. A…

A human-rights claim may be certified as manifestly unfounded where, on the material before the Secretary of State, it is clearly bound to fail before an…

Under the Proceeds of Crime Act 2002, a constable may apply for forfeiture of seized cash while the initial statutory detention period continues, even if…

The statutory scheme governing mode of trial provides for a single decision by the magistrates’ court. That decision cannot be reconsidered merely because new…

Under the Police Pensions Regulations 1987, the degree of disablement is assessed by reference to current earning capacity, not speculative future capacity or…

An interim anti-social behaviour order may lawfully be made without notice. It is temporary relief pending determination of the main application and does not…

A local authority must assess a person’s community-care needs and decide how those needs should lawfully be met. A finding that nursing care is required does…

In assessing asylum and human-rights claims, courts must distinguish between refugee status and the separate right to remain under the European Convention on…

Certification under section 72(2)(a) of the Immigration and Asylum Act 1999 is lawful only where the human-rights allegation is bound to fail. The threshold is…

A civil proceedings order under section 42 of the Supreme Court Act 1981 is justified where the evidence establishes habitual litigation involving knowingly…

An anti-social behaviour order is ordinarily the order pronounced by the court in open court, rather than the later written document prepared to record it. The…

A condition attached when approving details under an outline planning permission is lawful only if it remains within the scope of the parent permission. It…

Under the asylum-support scheme, a general policy of dispersal may lawfully make accommodation location irrelevant to ordinary adequacy and may recognise a…

A breach of the identification procedures in the Police and Criminal Evidence Act 1984 codes does not automatically exclude identification evidence. The court…

Where the Secretary of State exercises the power to recall a licensee because recall is considered expedient in the public interest, he is not ordinarily…

An appellate tribunal determining Council Tax liability must decide the factual issues for itself, rather than merely review whether the billing authority…

Police executing a search warrant may take reasonable and proportionate steps to restrict occupants’ movement where necessary to preserve the effectiveness and…

In a planning challenge concerning gypsy accommodation, an inspector must consider relevant general provision needs as well as the applicant’s personal…

A local planning authority has discretion under section 106A(1)(a) of the Town and Country Planning Act 1990 to agree to modify a planning obligation before…

In a statutory planning appeal, a condition must relate to the permission on which it is imposed. An inspector’s reasons need not be lengthy or address every…

Criminal fisheries byelaws must be construed strictly. Where their language is ambiguous, the ambiguity must be resolved in favour of the defendant. Conduct…

When an outline planning permission leaves the number of dwellings unrestricted, a local planning authority may control density at the reserved-matters stage…

A Member State has discretion under Article 249 EC to choose the form and method by which a Directive expressed in general and unquantifiable terms is…

Section 14 of the Food Safety Act 1990 bears its ordinary meaning. Where the owner of goods authorises their sale, the owner may be liable for selling food…

Monitoring conditions imposed on interviews between detained persons and journalists may constitute an interference with Article 10, but may be justified under…

A housing authority’s decision concerning an introductory tenancy must be assessed by reference to the facts known, or which ought properly to have been known…

Under section 42 of the Supreme Court Act 1981, the High Court may restrain a person from instituting or continuing civil proceedings, or making applications…

A screening opinion for Schedule 2 development is a matter of planning judgment. It need only be based on sufficient information to decide whether significant…

A tribunal determining a statement of special educational needs must address the statutory questions in sequence: the child’s needs, the provision required…

Under section 11(3) of the Extradition Act 1989, habeas corpus cannot discharge a person where one of several extradition charges remains valid and the…

Under PPG2, inappropriate development in the Green Belt is harmful by definition and must not be approved unless there are very special circumstances. The…

Where a prisoner is unlawfully at large during a sentence, that period is excluded from the time served unless the Secretary of State directs otherwise. The…

Driving does not necessarily require actual forward or backward movement of a vehicle. The applicable inquiry is whether the defendant substantially controlled…

Article 5(4) requires regular and speedy review of the lawfulness of post-tariff detention. The assessment must be case-specific; there is no fixed lawful…

Where an asylum-seeking family includes dependant children, responsibility for accommodation and essential living needs lies with the Secretary of State under…

Section 26(6)(c) of the Local Government Act 1974 prevents a local ombudsman investigating maladministration where the complainant has or had a court remedy…

Under section 7(4) of the Road Traffic Act 1988, a constable has a broad statutory discretion to require either a blood or urine specimen. The constable need…

Magistrates’ reasons in a criminal case need only explain sufficiently why the defendant was convicted. They need not resemble a High Court judgment or recite…

On an application for judicial review of a refusal of leave to appeal, the court must assess the tribunal’s decision in the context of the grounds actually…

Under section 42 of the Supreme Court Act 1981, the court may make a civil proceedings order where a person has habitually and persistently instituted civil…

For the purposes of the prosecution time limit in section 34 of the Food Safety Act 1990, discovery occurs when the prosecuting authority has objectively…

A specialist tribunal must give sufficient reasons for rejecting substantial evidence on a central issue. Reasons must enable the parties to understand why the…

When fixing a minimum term for a young offender detained during Her Majesty’s pleasure, the decision-maker must consider the offender’s welfare, but need not…

A non-statutory planning procedure does not create a legitimate expectation beyond its express terms. Guidance providing for consultation and written…

A national court cannot declare a Community regulation or Commission decision invalid. Where validity is critical to the outcome, it must refer the issue to…

Documents may qualify as business documents under section 24 of the Criminal Justice Act 1988 without oral evidence from their maker, keeper or the person who…

Where police enter premises by the occupier’s consent, the entry is consensual and does not engage the notice requirements applicable to the coercive statutory…

For the four-year enforcement time limit, substantial completion of building operations is assessed holistically. The court considers the totality of the…

Article 41(1) of the Additional Protocol to the Association Agreement with Turkey has direct effect. It prohibits new restrictions on Turkish nationals’…

A probation service must make its own independent assessment of the risks posed by an offender after release. It is not bound by the Parole Board’s assessment…

In extradition proceedings, a claimant must establish a real risk that the requesting state will fail to apply its own legal safeguards and thereby expose him…

An authority or tribunal deciding whether to cease maintaining a statement of special educational needs must properly understand and have regard to the…

Under Mental Health Act 1983, “nature or degree” is disjunctive. A tribunal must separately assess whether detention is appropriate and whether treatment in…

In a planning challenge under Town and Country Planning Act 1990, an inspector is entitled to rely on the effective operation of other statutory regulatory…

For the purposes of the Food Safety (General Food Hygiene) Regulations 1995, “proprietor” is a statutory term. The proprietor is the person by whom the food…

A human-rights claim cannot be certified as clearly unfounded where the evidence shows a real risk of a significantly increased risk of suicide on notification…

When applying the sequential approach to housing sites under PPG3, the decision-maker may take a broad view of housing shortfall and the realistic potential of…

For service of a statutory notice on a company under Local Government Act 1972, section 233, it is sufficient to leave the document at the company’s registered…

In planning law, development includes a material change of use of buildings or land. An inspector may therefore apply development-plan policies to an…

For extradition committal, the evidence must disclose a prima facie case on each charge. Under Theft Act 1968, a document authorising or evidencing payment may…

Where a teacher voluntarily applies for and accepts ill-health retirement benefits on the ground of permanent incapacity, the employment may already have ended…

An ouster provision governing designation orders excludes later judicial review challenges once the statutory challenge period has expired. The court must…

Under section 11(3)(b) of the Extradition Act 1989, the question is whether it would be unjust or oppressive to return the requested person, not simply whether…

Magistrates may adjourn a part-heard criminal trial for a fresh hearing before a differently constituted bench where that course is required by the interests…

Conduct consisting of an act, words, or a combination of both may provide the actus reus of assault occasioning actual bodily harm where it creates a danger…

An inspector determining a planning appeal must address the case and evidence presented by the parties. The inspector need not investigate unadvanced points or…

A carriage falls within the statutory definition of a stage carriage where it plies for hire and passengers pay separate and distinct fares, even if Parliament…

A Parole Board must assess risk on the basis of all material before it and may depart from professional reports, provided its conclusion is rational and…

An application for forfeiture of cash under section 43 of the Drug Trafficking Act 1994 is made in Form E and addressed to the justices’ chief executive.…

An application under section 288 of the Town and Country Planning Act 1990 is concerned with legal or procedural error, not a rehearing of planning merits. The…

A challenge to a compulsory purchase order must identify an arguable error of law or procedure. The Administrative Court will not rehear the planning merits or…

A local planning authority is not bound to accept an inspector’s recommendation. It must, however, consider the recommendation conscientiously and give…

Where an adjudicator’s determination is unclear, the court must construe it in context and by reference to the adjudicator’s clarification. A certificate…

An adjournment application in a Crown Court appeal is a case-management decision, but the court must exercise its discretion rationally and with careful…

A local education authority may apply for an education supervision order and also prosecute under section 444 of the Education Act 1996. The existence of an…

Registration of a class (c) village green requires proof, on the balance of probabilities, that the whole site was used for lawful sports and pastimes for the…

Where a public authority succeeds against a legally assisted defendant, the court may postpone determination of the defendant’s liability for costs under…

A legally binding collective agreement requiring consultation does not necessarily prescribe a particular forum, timetable or procedure. Consultation is…

A family-links policy for safe third-country cases must be construed according to its purpose. An applicant is not automatically excluded because an earlier…

Where an appeal is allowed by consent because the respondent authority concedes that the tribunal erred in law, including through failure to provide critical…

A waste planning authority must keep mandatory waste-management objectives in mind, but may lawfully grant permission where conditions reduce noise and odour…

An application for a fresh inquest under Coroners Act 1988, section 13, requires the court to assess whether another inquest is necessary or desirable in the…

A railway regulator exercising statutory powers to impose a station access contract may adopt a compensation regime designed to hold a train operator…

An appellate court reviewing a professional disciplinary decision does not rehear the evidence or substitute its own view of credibility. It asks whether the…

A maintenance undertaking for social-security purposes need not be given on an official form unless Parliament has expressly imposed that requirement. Whether…

Inconsistencies in a complainant’s evidence do not prevent conviction where the tribunal of fact, having assessed the witness directly, reasonably concludes…

An appellate tribunal must decide whether the decision under appeal discloses an error of law on the material properly before it. Its specialist knowledge may…

A disciplinary tribunal must make positive findings on material factual issues and give effect to findings it has made. A solicitor’s failure to comply with a…

Under regulation 5(6)(b)(i) of the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995, property is transferred…

On a statutory appeal from a Special Educational Needs and Disability Tribunal, the reviewing court may consider witness statements or other material…

In deciding costs, the court must apply Civil Procedure Rules 1998 Rule 44.3 and assess the whole circumstances. The general rule that the unsuccessful party…

Under section 6(1)(d) of the Extradition Act 1989, the fugitive bears the burden of showing substantial grounds for thinking that return may lead to prejudice…

Where a convicted youth has an appeal as of right involving a complete rehearing, the merits of the appeal are generally an inappropriate consideration on an…

Where a planning permission is granted without complying with publicity or environmental-impact-assessment requirements, the errors may ordinarily justify…

Where legislation introduces a specific regime for late appeals, the tribunal must apply that statutory test rather than an earlier, more general…

Under section 49(1) of the Taxes Management Act 1970, an inspector considers whether there was a reasonable excuse for a late appeal. If permission is refused…

Where judicial review proceedings are resolved by concession after permission but before a substantive hearing, the court retains discretion to determine…

A common-law defence of private defence or protective force is available only where the defendant honestly believed that actual or imminent damage to property…

In determining planning appeals concerning gypsy sites, an inspector must assess each application and the individual circumstances of each proposed occupier. A…

For an offence carrying obligatory disqualification, a defendant must prove any special reason on the balance of probabilities. A special reason must be a…

Knowledge that others are committing burglary, coupled with remaining outside the premises, is insufficient by itself to establish liability for burglary. The…

When exercising a broad statutory discretion concerning tax administration and enforcement, a public authority may consider the imminent effect of legislative…

Under the Immigration and Asylum Appeals (Procedure) Rules 2000, a faxed application for permission to appeal is not received merely when the fax reaches the…

Proceedings to obtain a reluctant witness’s deposition under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998 should ordinarily take place in open…

For the purposes of the tachograph regulations, a vehicle falls within the phrase used for the carriage of passengers or goods by road where it is a vehicle…

In an Article 8 medical-removal case, proportionality under Article 8(2) arises only if the claimant first establishes that removal would interfere…

An authorisation under section 44 of the Terrorism Act 2000 may cover an entire police district and may respond to a substantial general threat of terrorism.…

An application to extend custody time limits requires proof, on the balance of probabilities, of both good and sufficient cause and due expedition by the…

A statutory subsidy condition may produce a nil subsidy where a local authority fails to obtain a required Rent Officer determination. The resulting severity…

An application to vary immigration leave is valid only if made on the prescribed form, completed as required and accompanied by the specified documents.…

An application for habeas corpus challenging detention following extradition proceedings will be dismissed where the grounds relied upon were fully considered…

At the close of the prosecution case, a tribunal should dismiss an information only where an essential element is unsupported, or the evidence is so…

A direction preventing an accused from personally cross-examining a witness must be made by the justices after applying the statutory criteria and giving the…

Judicial review is concerned with legality, not whether the reviewing judge would have reached a different result. The court may intervene where the…

A statutory appeal against interim professional restrictions becomes incapable of determination when the restrictions have ceased to exist. The court cannot…

The statutory discretion to extend the reinvestment period under Taxation of Chargeable Gains Act 1992, section 152(3), belongs to the Board of Inland Revenue.…

For an offence involving possession of a wild bird, evidence that an expert has identified birds as wild may implicitly establish that they are wild birds…

A professional register may require continuing participation in audit as a condition of retaining registration. Where the governing procedures allow…

An appellate tribunal must engage with credible evidence that a party did not receive notice of a hearing. It must assess that evidence together with relevant…

For the statutory definition of Gypsies, a person may retain Gypsy status despite not currently travelling where the cessation of travel is temporary or…

A magistrates’ court has a broad discretion to adjourn a criminal trial, but the discretion must be exercised fairly and after rigorous scrutiny of the…

A technical defect in a roadside breath-test procedure does not automatically invalidate the test. The court must consider whether the defect materially…

Where asylum-support applications regularly establish at least an arguable case for interim relief, the Secretary of State must maintain an adequate and…

A medical member of a Mental Health Review Tribunal is not necessarily disqualified merely because the detaining NHS trust is also the member’s employer. The…

The Administrative Court should not intervene in ongoing magistrates’ court proceedings to control the conduct of the trial or review an interlocutory ruling.…

A local planning authority is not legally required to follow an inspector’s recommendation when adopting or altering a local plan. It must consider the…

Alternative sites are generally immaterial in planning decisions, but they become relevant where development-plan policy or guidance makes them relevant. Under…

A notice under section 215 of the Town and Country Planning Act 1990 may properly address land whose condition adversely affects local amenity. However, the…

Transitional provisions in building regulations must be read together. Where a later regulation revokes earlier regulations but expressly preserves their…

Permission for judicial review may be granted only on issues that disclose an arguable public-law or Community-law claim. Where domestic-law remedies are…

The statutory defence of best practicable means requires practical measures directed to preventing or counteracting the nuisance. Purchasing appropriate…

A magistrates’ court may withdraw an arrest warrant under section 125 of the Magistrates’ Court Act 1980, but the power must be exercised on the basis of the…

A Crown Court determining a criminal appeal must give reasons sufficient to show that it identified and resolved the principal contentious issues. A bare…

A restraining order prohibiting a person from “going to” specified premises ordinarily prohibits entry onto those premises. It does not, without clearer…

A procedural requirement in a statutory scheme does not automatically make proceedings a nullity when breached. The court must determine the legislative…

Where judicial review proceedings concern the provision of support for a disabled child, the court may keep the proceedings in being for the period covered by…

Guilty knowledge or belief in receiving stolen goods may be inferred from the defendant’s conduct and from the absence of any credible explanation in the…

A challenge under section 288 of the Town and County Planning Act 1990 concerns legal error, not disagreement with the planning merits. An Inspector must give…

On an appeal from a professional disciplinary determination, the court may uphold findings of fact where the tribunal was entitled to prefer one account over…

In a compulsory purchase case engaging Articles 8 and 1 of Protocol 1, a public authority must identify the lawful statutory and guidance framework and address…

Where a defendant relies on self-defence, a court may convict of assault if it finds that the defendant used excessive force, even though the complainant…

An appeal from a Solicitors Disciplinary Tribunal is appellate and proceeds by way of rehearing. The High Court may substitute its own decision, including on…

A Crown Court has a broad discretion to adjourn a criminal appeal so that relevant prosecution witnesses can attend, particularly where the evidential issue…

Article 14 has no independent existence, but may apply where the facts fall within the ambit of another Convention right. For legislation, that connection…

An Immigration Appeal Tribunal is entitled to begin processing the first application for leave to appeal that it receives. It is not required to wait for the…

Whether a detained suspect must be allowed legal advice before an evidential breath-test procedure is commenced is a question of fact and degree. The custody…

For an anti-social behaviour order under Crime and Disorder Act 1998, the applicant must prove to the criminal standard that the defendant acted anti-socially.…

Professional disciplinary proceedings must be proved to the criminal standard where serious allegations may result in suspension or disqualification. An appeal…

A solicitor must provide timely and sufficiently detailed costs information from the beginning of the retainer and periodically as litigation progresses. A…

For the purposes of Part VII of the Housing Act 1996, a person subject to immigration control is within the class of persons from abroad who are ineligible for…

For certification under National Immigration Asylum Act 2002, a claim is clearly unfounded only where it is bound to fail. An arguable asylum or human-rights…

For certification purposes, an Article 8 claim is manifestly unfounded where the Secretary of State can reasonably and conscientiously conclude that it is…

Applications under Housing Act 1996 Parts VI and VII are not separate territories. A local housing authority may be required to consider both routes in…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, an error by an inspector does not justify quashing a decision where the…

Certification of an asylum or human-rights claim as clearly unfounded is a screening decision. The decision-maker must assess the claim’s factual substance…

Section 58 of the Mental Health Act 1983 may permit non-consensual treatment of a detained patient who has capacity but refuses treatment, provided the…

A housing authority acting under its homelessness duties must give an applicant a reasonable opportunity to consider and, where requested, view accommodation…

Harbour powers may lawfully regulate parking outside the immediate harbour where the authority reasonably considers that parking has a direct effect on access…

The power to make an order under section 1C of the Crime and Disorder Act 1998 is broad but must be exercised fairly, reasonably and with regard to all…

For a civil proceedings order under section 42 of the Supreme Court Act 1981, the court must assess the litigant’s conduct by examining the whole history of…

The reasonable-time guarantee in article 6.1 of the European Convention on Human Rights applies to proceedings for enforcement of a confiscation order by…

For a police injury award, the relevant question is whether the injury was received in the execution of duty, not merely whether it was connected with…

A public authority exercising a statutory discretion may adopt a policy, but it must not withhold information about an important policy from persons who may…

Evidence from a trained operator that an approved breath-testing device was working properly may support a conviction even though the operator cannot state the…

An emergency admission under section 4 of the Mental Health Act 1983 is not invalid merely because the approved social worker and medical practitioner describe…

When deciding whether to extend a custody time limit, the court must identify the real, root or principal cause of the need for the extension. It need not…

Reporting restrictions under section 49 of the Children and Young Persons Act 1933 apply only while the person concerned remains a child or young person as…

A legitimate expectation requires a clear and unambiguous representation. Conflicting documents, administrative confusion or a mistake cannot ordinarily create…

Article 8 does not ordinarily entitle a person seeking to join a spouse or fiancée in the United Kingdom to bypass the ordinary entry-clearance procedure.…

A detainee’s right to legal advice under Police and Criminal Evidence Act 1984, section 58, arises when detention is formally authorised by the custody…

For a special hours certificate under the Licensing Act 1964, the licensee’s purpose, assessed over the permitted hours as a whole, must be that the sale of…

Evidence of prior conduct may be admitted as background where it is necessary to make the evidence concerning the charged offence complete and comprehensible.…

On an appeal on a point of law from an Employment Tribunal, the High Court cannot receive new evidence or conduct a fresh factual assessment. The statutory…

A legitimate expectation requires a sufficiently clear representation capable of producing the asserted expectation. A statement that costs would normally be…

Article 49 of the EC Treaty applies to NHS patients seeking reimbursement for medical treatment obtained in another Member State. Prior authorisation is a…

For the purposes of the planning enforcement “second bite” provision, the court must examine the breaches actually alleged in the earlier enforcement notices.…

The court may quash an unlawful decision of the Criminal Cases Review Commission and require a fresh review, but should not ordinarily direct the Commission to…

For certification under section 73(8) of the Immigration and Asylum Act 1999, the central question is whether the application was in reality made simply as a…

On a challenge under Town and Country Planning Act 1990, a decision-maker must take account of a material planning benefit where there is a real possibility…

An inspector determining a planning appeal must address the substance of each relevant development-plan policy. If the inspector grants permission contrary to…

Detention pending removal is lawful only while removal remains the purpose, the period is reasonably necessary, and the Secretary of State acts with reasonable…

Development plan policies must be interpreted according to their language, structure and context. Explanatory material forming part of a local plan may assist…

On an application under Town and Country Planning Act 1990, an inspector may treat the harmful effect of a proposed use on tree cover as a material planning…

Custody time limits may be extended for good and sufficient cause, including exceptional listing difficulties or administrative error, but the statutory…

A magistrates’ court may remand an accused person to a hospital under section 35 of the Mental Health Act 1983 only if it is satisfied that arrangements have…

An extension of a custody time limit is lawful only where the statutory requirements are met: there must be good and sufficient cause, and the prosecution must…

For planning purposes, the use of caravans positioned inside a building may form part of the use of that building. Where caravans are used residentially in…

On an appeal under section 288 of the Town and Country Planning Act 1990, the court will not interfere with an inspector’s planning judgment merely because…

A data controller cannot use a blanket policy to refuse a prisoner access to Category A reports. Under the Data Protection Act 1998, the exemptions for crime…

For the purposes of the Children Act 1989, “accommodation” bears its ordinary and natural meaning. A local authority cannot avoid the statutory looked-after…

When deciding whether to commit a person under 18 for trial under section 24 of the Magistrates' Courts Act 1980, a Youth Court may consider the defendant's…

A public body choosing between residential care and supported living must make a rational assessment of the person’s needs, risks, support requirements and…

A magistrates’ court may try an accused in his absence where the statutory discretion is exercised fairly and with careful regard to the circumstances.…

Support under section 55(5) of the 2002 Act is required only where its withdrawal would risk a breach of Convention rights. For Article 3, the claimant bears…

An adjournment of a judicial review hearing may be refused where the remaining issue is sufficiently defined, the relevant preliminary arrangements can be…

Designation of a country as generally safe does not alter the statutory test for certification under section 94 of the Nationality Immigration and Asylum Act…

An appeal under section 41A(10) of the Medical Act 1983 is a full rehearing. The court decides what interim order is appropriate and may terminate or vary its…

A housing authority’s medical assessment must address the evidence bearing on the applicant’s condition and the effect of the accommodation. An assessment is…

A hospital order under section 37 of the Mental Health Act cannot be made where an accused is found unfit to plead but to have done the act charged, because…

Judicial review of a Central Arbitration Committee decision is available where the Committee has erred in law or acted irrationally. A Committee cannot add…

A statutory consultation must be genuine and undertaken while the proposed decision remains open to reconsideration. The statutory decision-maker has…

A public authority’s risk assessment is not irrational merely because it differs from earlier assessments or adopts a different view of disputed evidence. A…

Fairness required a statutory body imposing a levy to consult persons liable to be adversely affected. A statutory committee may provide that consultation for…

Under section 55 of the Nationality Immigration and Asylum Act 2002, the question whether asylum was claimed as soon as reasonably practicable requires an…

For the purposes of section 11(3)(c) of the Extradition Act 1989, “good faith in the interests of justice” is construed broadly. The inquiry may extend to the…

Special removal of an old on-licence may be refused only on the statutory grounds in sections 12 and 15 of the Licensing Act 1964. Using that procedure to…

Whether accommodation falls within Class C3 is principally a matter of planning judgment. The court intervenes only where the authority’s decision is…

A certificate under section 73(8) of the Immigration and Asylum Act 1999 cannot properly be issued merely because an applicant failed to use the one-stop…

An unsigned response to a statutory request for driver information does not satisfy Road Traffic Offenders Act 1988, section 12(1)(b), because the statutory…

Magistrates may correct an erroneous ruling of no case to answer before the process of adjudication is complete, particularly where the error is identified…

A magistrates’ court has a discretion under section 64(1) of the Magistrates’ Courts Act 1980 to award costs, including deciding which party should pay them.…

For the purposes of the statutory definition of a public service vehicle, “adapted” means apt, fit or suitable, rather than merely physically altered. Seating…

In determining whether very special circumstances justify inappropriate development in the Green Belt, the decision-maker must balance the development’s…

A planning decision must identify clearly whether development conflicts with a development plan policy. The existence of material considerations may justify…

A mixed use extending across a planning unit does not fall within a use class merely because one of its components would do so. The relevant use for applying…

Tax authorities must collect liabilities determined through the statutory assessment and appeal machinery. They are not required, when considering repayment…

In an accusation case under the Extradition Act 1989, the committal court’s task is limited. Where an authority to proceed has been issued and the offence is…

A planning inspector must give proper and intelligible reasons on each principal controversial issue. That duty includes stating whether a proposal complies…

When deciding whether to extend a custody time limit, the court may assess the entire period of the proceedings and the causes of delay. It is not confined to…

For tachograph legislation, a trailer is not confined to an attachment designed to carry goods. It includes heavy engineering plant designed to be coupled to…

Permission to appeal an arbitration award under section 69 of the Arbitration Act 1996 requires satisfaction of each statutory condition. The question must…

For the purposes of the statutory presumption concerning alcohol levels, the court must consider all evidence before the magistrates, not merely expert…

A solicitor may be struck off for conduct falling materially below the standards of integrity, probity and trustworthiness, even where dishonesty is not…

When an emerging development-plan policy is relied upon, the decision-maker must weigh it as a material consideration against the adopted development plan and…

For certification under section 94 of the Nationality and Asylum Act 2002, the Secretary of State must decide whether the claim could succeed on any legitimate…

A mandatory disabled facilities grant is available only where the proposed works have a purpose within Housing Grants, Construction and Regeneration Act 1996…

For extradition purposes, the requesting state must prove to the criminal standard that the person sought is unlawfully at large. That requires evidence…

In judicial review of a planning decision, the court assesses the officer’s report in its statutory and practical context. A report need not reproduce every…

Unlawful exercise of a public-law power does not itself create a right to damages. A claimant must establish an independent private-law cause of action or…

When assessing the planning merits of development, an inspector may take account of a lawful fallback use where the evidence shows that the use would probably…

Under section 8(3)(c) of the Coroners Act 1988, a coroner must summon a jury where there is reason to suspect that the death resulted from a reportable…

The statutory responsibility for making special educational provision rests with the local education authority. Parents may participate in, and support, an…

Consultation in the formulation of subordinate legislation does not require the Government to consult every person potentially affected, nor to advise a…

The proportionality of electoral-register disclosure depends on the purpose, recipients, safeguards and practical effect of the disclosure. A previous finding…

A compulsory purchase and side roads confirmation may be lawful where a scheme has several connected public purposes. Failure of a stated primary purpose does…

Article 5 of the Convention does not generally confer a right to judicial control over the location, security category or conditions of detention, provided…

A disciplinary tribunal may assess material relevant to another respondent’s case, but it must not use adverse findings against a solicitor when fixing penalty…

A young offender may be removed from a living unit as a disciplinary punishment, but may not thereby be deprived of education, training, work, physical…

A homelessness authority must give a reasonable period of notice when ending interim accommodation. The period must be assessed in the real circumstances…

A previous planning appeal decision is capable of being a material consideration, particularly where it concerns the same site, substantially similar…

Whether a proposed use falls within a Use Classes Order class depends on the true character of the use viewed as a whole. Storage, processing and distribution…

An inspector determining a planning appeal is not confined to choosing between the parties’ submissions. The inspector must decide the appeal in accordance…

Claims under section 42 of the Supreme Court Act 1981 must be brought using the Part 8 procedure. The requirement applies even where the defendant asserts that…

A default costs certificate cannot be challenged by appeal. The proper route is an application to set it aside under CPR 47.12, supported by evidence showing a…

Deportation of an EU national requires justification on grounds of public policy, public security or public health. Previous convictions alone are…

For a person subject to immigration control, destitution alone cannot justify residential accommodation under National Assistance Act 1948 section 21. The…

Permission for judicial review requires a prompt application and an arguable error of law in the decision challenged. Where a claim is out of time and…

Under rule 12(2) of the Crown Court Rules 1982, an adverse costs order against a chief constable in firearms-certification proceedings requires more than the…

A certificate that a human-rights claim is manifestly unfounded requires more than a view that the claim is unlikely to succeed. The Secretary of State must be…

Except in an obvious case, a local authority assessing whether a person is under 18 cannot decide from appearance alone. It must obtain an adequate personal…

Accommodation discharges a local housing authority’s homelessness duty only if it is suitable for the applicant and relevant household members. Suitability is…

The court will not control the progress of a naturalisation application where the Secretary of State is exercising the statutory discretion lawfully and…

Section 7(5) of the Bail Act 1976 involves two stages. The justices must first decide whether a bail condition has been breached. The person concerned must…

In a planning decision, the obligation to give reasons requires the decision-maker to address the principal controversial issues, but it does not require a…

The Secretary of State’s review of a mandatory lifer’s tariff is legally indistinguishable from initial tariff-setting for the purposes of Anderson and Article…

Procedural requirements in an immigration appeal should be construed by reference to their intended consequences, rather than through an automatic…

Fairness in a school exclusion appeal is fact-sensitive. The pupil must know the nature of the case against him and have a meaningful opportunity to present…

For the economic regulation of airports, Airports Act 1986, sections 36 and 41, ordinarily requires a wide understanding of the airport. It extends to the land…

Eligibility for council tax disability relief requires more than predominant use of a room by a disabled person. The room must be essential or of major…

Recreational use of land is not necessarily use as of right merely because it is substantial and continuous. The court must ask how the use would have appeared…

Under section 11(3) of the Extradition Act 1989, extradition may be refused where the cumulative circumstances make return unjust or oppressive. Relevant…

The court declined to certify the case. Detailed submissions asserting that the decision would have startling consequences were rejected where the court…

An interview is a confession for the purposes of Police and Criminal Evidence Act 1984 section 76 where it contains statements which are partly adverse to the…

The procedural duty under Article 2 to investigate a death is a free-standing and continuing obligation. It may apply to a coroner’s later decision even where…

For the purposes of Part VII of the Housing Act 1996, imprisonment does not prevent a person from being homeless. A prison cell is not accommodation of the…

Under section 106A of the Town and Country Planning Act 1990, the authority must assess the planning obligation and the proposed modifications as a whole. It…

Under section 28 of the Wildlife and Countryside Act 1981, English Nature must notify and confirm a site where, in its expert judgment, the statutory criteria…

On settlement of an administrative law claim, the court may still determine costs by assessing the practical outcome and the parties’ conduct. Where a consent…

For an offence under section 5 of the Public Order Act 1986, the prosecution must prove the statutory elements, including that the defendant intended, or was…

A rent assessment committee determining market rent under section 22(3) of the Housing Act 1988 may use its members’ local knowledge together with the evidence…

On an application for habeas corpus following committal under the Extradition Act 1989, the court must ask whether the evidence would be sufficient to make a…

Permission to withdraw judicial review proceedings may be granted subject to an order for the defendant’s costs. An exceptional case may require costs against…

At an inquest, a verdict involving neglect may be left to the jury only where the evidence, taken at its highest, could support the essential elements of…

A licence under the Wildlife and Countryside Act 1981 may exempt conduct from the statutory prohibition on confining birds, where the use is for a purpose…

For burglary with intent to cause criminal damage, the prosecution must establish the defendant’s intention to cause criminal damage when entering the…

For the purposes of Article 7 of the ECHR, the penalty for an adult convicted of murder is the mandatory sentence of life imprisonment, not the tariff period…

Apparent bias is assessed objectively. The question is whether a fair-minded and informed observer, having considered the facts, would conclude that there was…

A Professional Conduct Committee may refer a practitioner to the Health Committee only after excluding erasure as a possible sanction. The Health Committee…

Under the telecommunications directives then in force, price controls could be imposed on mobile operators without a prior designation of significant market…

Under the pre-implementation telecommunications regime, a national regulatory authority could control mobile call-termination charges even where the operator…

Whether a dwelling is a person’s sole or main residence is determined by evaluating all relevant circumstances. Factors may include the intention to return…

When ordering a defendant to pay prosecution costs under section 18 of the Prosecution of Offences Act 1985, magistrates must first determine what costs it is…

A tribunal determining special educational needs must identify the provision required to meet the child’s special educational needs, but need not specify…

For a civil proceedings order under section 42 of the Supreme Court Act 1981, the court must examine the litigant’s entire history of proceedings and…

Where a planning proposal conflicts with a development-plan policy, the decision-maker must identify and weigh any material considerations that justify…

Where legislation creates a statutory review of a harbour authority’s refusal to grant a licence, the reviewing minister may reconsider the merits of…

In extradition proceedings, delay is assessed from the alleged offence and all the circumstances must be considered. Delay attributable to the requesting state…

On a statutory appeal from a special educational needs tribunal, the court may intervene only for an error of law. A finding that a child’s needs can…

For disabled children of destitute asylum-seekers, accommodation is “adequate” under section 122(3) of the Immigration and Asylum Act 1999 if it would have…

In judicial review, an application made more than three months after the relevant decision involves undue delay, even where the court considers that there is a…

Under section 15(5) of the Road Traffic Offenders Act 1988, the accused must request a specimen at the time the blood or urine specimen is provided. An offer…

When deciding whether special reasons justify withholding a driving disqualification, the court must assess the whole circumstances directly connected with the…

Where the Secretary of State departs from a tribunal’s factual conclusion on a disciplinary appeal, he must be satisfied to the criminal standard that the…

A Parole Board hearing is not a criminal trial, and criminal rules of evidence do not apply. The Board must nevertheless adopt a high standard of fair…

A medical certificate under section 16(2) of the Road Traffic Offenders Act 1988 is inadmissible where it was not served at least seven days before the…

Where an existing party to an appeal can raise an issue affecting another person, the court should generally refuse to join that person as an interested party.…

Educational provision that is appropriate to meet a child’s special educational needs should be specified in Part 3 of the statement, including provision such…

Where an asylum appeal ground was not raised before the Immigration Appeal Tribunal, the tribunal is required to act of its own motion only where the omitted…

A planning agreement reserving land for community use may be a material planning consideration. Its existence does not automatically require refusal of…

Under section 1(1) of the Police (Property) Act 1897, once the police authority to retain lawfully seized property has ended, the person from whom it was taken…

A public employment service may adopt policies governing the vacancies it handles, but the policy must remain within its statutory purposes. It may consider…

Where statutory time-limit regulations apply only to summary proceedings in a Youth Court, an appeal to the Crown Court concerning an extension of time does…

The investigative obligation implied by Article 2 is adjectival. It supports the substantive duty to protect life and is shaped by the circumstances of each…

Where an advertisement gives publicity to a person’s goods, trade or business, Town and Country Planning Act 1990 deems that person to display the…

Chanting at a designated football match is of a racialist nature where it includes matter that is threatening, abusive or insulting to a person by reason of…

For the ten-year enforcement limit applying to a breach of a planning condition, the relevant breach is the particular failure to comply identified in the…

Detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 is lawful only for the period reasonably necessary to effect removal. The Secretary of…

Under the Police Pensions Regulations 1987, disablement is assessed by reference to the ordinary duties of a police officer, not duties in a comparable…

Where different parole-release procedures apply to prisoners serving determinate sentences above and below a statutory threshold, the difference may engage…

On judicial review of a refusal of leave to appeal in an asylum case, an applicant is entitled to proper consideration and a reasoned decision unless the…

Where two breath specimens produce an unreliable indication of alcohol concentration, the statutory scheme does not require the constable to proceed directly…

A police publicity scheme interfering with Article 8 rights may be lawful only if the interference is necessary and proportionate to a legitimate…

Under Planning Policy Guidance Note 3: Housing, the presumption favouring previously developed land does not require refusal of every greenfield proposal while…

The Parole Board may rely on hearsay evidence when assessing whether continued detention is necessary for public protection. The absence of cross-examination…

In determining whether inappropriate development in the Green Belt is justified by very special circumstances, the decision-maker must consider both the…

An appeal under Town and Country Planning Act 1990, section 288, should be determined on the planning application and grounds actually presented to the…

A concession by a Home Office presenting officer on an appellant’s credibility is binding on an adjudicator. The court must determine objectively whether the…

In assessing a fair rent under the Rent Act 1977, the tribunal should identify the market rent for the property in its current state, make the statutory…

On an application under section 73 of the Town and Country Planning Act 1990, the decision-maker must focus on the conditions governing the existing…

Environmental impact assessment is intended to ensure that planning decisions are made with sufficient environmental information and allow effective public…

A local authority’s power under regulation 3(3) of the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002…

Before a person may be committed to prison for council tax arrears, the statutory enforcement stages must be followed. Liability must first be established by a…

An adjudicator must give sufficient reasons to enable the claimant, advisers and any reviewing or appellate body to understand why the claimant lost on a…

In extradition proceedings, a conviction in the person’s absence does not automatically prevent return. The court must consider whether return would be…

A planning permission must be construed from its terms. A limitation on the development authorised must be imposed in clear language; it cannot be inferred…

Under paragraphs 57 and 59 of the Immigration Rules, the requirements for student entry are cumulative. An immigration officer may refuse entry under paragraph…

Reasons given by a rent assessment committee must enable an informed reader to understand the reasoning without substantial mental leapfrogging or…

In deciding whether permission for judicial review should be granted, the court asks whether the proposed challenge is arguable. Where removal is arguably…

Under Town and Country Planning Act 1990, section 54A, a planning decision may depart from development plan policies where material considerations indicate…

A formal police caution may be quashed where the prescribed cautioning rules are breached. The rules require sufficient evidence for a realistic prospect of…

Where the statutory conditions for a vexatious litigant order are satisfied, the High Court retains a discretion whether to make the order. The court may make…

A public authority must apply its published policy according to its true meaning. It cannot replace that meaning with a preferred interpretation merely because…

Section 79(1)(d) of the Environmental Protection Act 1990 extends to odours arising from sewage treatment works. The word “premises” must be interpreted in its…

A lawful search under section 32(1) of the Police and Criminal Evidence Act 1984 is not subject to a statutorily prescribed method. Officers may adopt a…

A youth court should retain jurisdiction over an indictable offence unless the offence, the circumstances and the offender make it a realistic possibility that…

Where the identity and continuity of a forensic specimen are challenged, the prosecution must prove, to the criminal standard, that the specimen analysed came…

In planning cases, an application must be characterised by its substance and by the way the local planning authority lawfully determined it. An application…

Fairness may require a professional disciplinary committee to give reasons even where the governing legislation and rules contain no express obligation to do…

Under rule 18(11) of the Immigration and Asylum Appeals (Procedure) Rules 2000, the Immigration Appeal Tribunal is not generally required to consider evidence…

Under the Building Act 1984, an initial notice for private approved-inspector supervision must be given by a person intending to carry out the work. The…

A detention and training order comprising concurrent orders is treated as a single term. Persistent failures to attend supervision appointments may constitute…

State protection must be assessed against the particular risk of harm feared by the claimant. A global assessment of protection for a broad class, such as…

Where an application asks magistrates to state a case, the justices’ clerk may advise on whether the proposed questions raise points of law or are frivolous.…

Whether part of a building is a self-contained unit depends on whether it was constructed or adapted for use as separate living accommodation. No two-stage…

A defendant cannot use a later application to reopen factual or evidential issues that should have been investigated at trial or pursued by the available…

An appellate authority may dismiss an asylum appeal without considering its merits only where the procedural conditions for that power are satisfied and its…

Section 8 of the Contempt of Court Act 1981 creates a clear prohibition on disclosing statements, opinions, arguments or votes arising during jury…

An extension of custody time limits requires both good and sufficient cause for the extension and prosecution conduct meeting the statutory standard of due…

For the purposes of section 65 of the Immigration and Asylum Act 1999, a decision need not be a formal decision made under a specific statutory provision. A…

A parent with care has a civil right, for Article 6 purposes, to seek child maintenance and to recover sums due under a maintenance assessment. The statutory…

Where a liability-order summons is issued against a company, service at its registered office is required under regulation 13(2) of the Non-Domestic Rating…

Environmental impact assessment for outline planning permission must provide enough information for the local planning authority to assess likely significant…

On an application under section 73 of the Town and Country Planning Act 1990, the decision-maker must assess the relevant planning circumstances, including…

A notifying local authority’s decision that the statutory conditions for a homelessness referral are satisfied remains operative unless quashed or otherwise…

Under section 26(1) of the Firearms Act 1968, an application for a shotgun certificate must be made to the chief officer of police for the area in which the…

A defendant’s costs order from central funds should ordinarily be made where a prosecution is dismissed, unless positive reasons justify refusal. The court…

A Mental Health Review Tribunal may adjourn proceedings on its own initiative to obtain information necessary for a just and correct decision, including after…

An arrest is lawful only where the officer has reasonable grounds to suspect that the facts known to him satisfy all material elements of the offence relied…

An expert report does not corroborate an asylum claimant’s account merely because it is consistent with that account. Where the report’s conclusions depend on…

The English writ of habeas corpus does not run to Scotland. A Divisional Court cannot review or interfere with a Scottish committal or detention decision.…

A local authority may use statutory powers to remove an advertisement hoarding only after establishing the statutory precedent fact that no express or deemed…

Late disclosure amounts to an abuse of process where the undisclosed material is reasonably capable of advancing the defence and its lateness prejudices the…

Under section 73 of the Immigration and Asylum Act 1999, “claim” and “grounds” comprise both the factual and legal basis for contending that a person should…

A Mental Health Review Tribunal has an original jurisdiction and must reach its own judgment on the evidence before it. It may rationally disagree with medical…

A Parole Board must obtain and consider material plainly relevant to the nature and circumstances of the offence, particularly where an appellate court has…

In reviewing an asylum adjudicator’s credibility assessment, the court must consider relevant expert psychiatric evidence as part of the evidential balance. A…

Judicial review of a disciplinary referral is legally available before the disciplinary tribunal has determined the allegations, but intervention at that stage…

An inspector determining a planning appeal must apply the correct legal test. Where an inspector misstates the governing test and the court cannot be satisfied…

Where a permit requires a heavy goods vehicle to take the shortest practicable route and minimise restricted-road use, practicable refers to physical…

In a planning appeal conducted on written representations, an inspector must decide the case on the basis advanced by the local planning authority and allow…

A private individual with sufficient standing may obtain interim relief to preserve the position where a developer is about to take arguably unlawful and…

Detention pending removal must comply with domestic law, the Secretary of State’s published detention policy and Article 5 of the Convention. Where an…

When a public authority maintains non-statutory guidance, it must consider material evidence that the guidance is being misunderstood or misapplied in…

The Administrative Court quashed a decision concerning the use of the Cold Water Provocation Test in assessing entitlement to Industrial Injuries Benefit for…

Section 20(2)(j) of the Health and Safety at Work Act 1974 permits an inspector to require relevant information in writing as well as through a face-to-face…

Under Housing Act 1996, an applicant dissatisfied with a review decision, or whose review decision is not notified within the prescribed period, may appeal to…

An interim suspension order under Medical Act 1983, section 41A, is a protective measure based on a prima facie case, not a final determination of disputed…

An honest but mistaken belief that a vehicle is insured may constitute a special reason against licence endorsement only where the belief is reasonably held…

When a prosecution is absent from a Crown Court appeal, the court must balance the interests of the appellant, the respondent, victims and the public. The…

A youth court should retain jurisdiction unless the offence, its circumstances and the offender make it more than a vague or theoretical possibility that the…

In an inquest into a death caused by state agents, Article 2 requires an effective, independent and rigorous investigation. The coroner must ensure that the…

Expiry of a custody time limit does not automatically require release on bail where section 25 of the Criminal Justice and Public Order Act 1994 applies. That…

Inappropriate development in the Green Belt is harmful by definition. Permission may be granted only where the harm arising from inappropriateness, together…

An assessor under section 133 of the Criminal Justice Act 1988 must apply clear and relevant common law principles analogous to those governing civil damages…

The test for a claim certified as “clearly unfounded” is objective. The court must ask whether, on the material available, the claim is bound to fail.…

On judicial review of a university disciplinary decision, an alleged failure to investigate an improper motive will not invalidate the decision where the…

Where primary legislation is incompatible with a Convention right, the court retains a discretion whether to make a declaration of incompatibility under…

Procedural fairness requires consultation while proposals remain formative, with sufficient reasons, adequate time and conscientious consideration of…

Under section 54A of the Town and Country Planning Act 1990, the development plan has statutory priority, but the decision-maker need not use a rigid or…

A local authority may discharge its duties under Children Act 1989, section 17, by funding a family’s return to its home country, but only where that is an…

Judicial review is ordinarily inappropriate where parents seek to prevent a local authority commencing emergency protection or care proceedings. The proper…

A judicial review court must respect the Criminal Cases Review Commission’s statutory judgment, but may intervene where the Commission misdirects itself on the…

For an environmental impact assessment application, the relevant decision under regulations 3(2) and 21(1) of the Town and Country Planning (Environmental…

On an appeal under section 288 of the Town and Country Planning Act 1995, the court may intervene only for an error of law or procedural unfairness. A planning…

For certification under section 73(8) of the Immigration and Asylum Act 1999, the Secretary of State must reasonably conclude that the application is not…

A State may owe a positive obligation under Article 3 to take reasonable measures to protect individuals from inhuman or degrading treatment inflicted by…

A local authority’s refusal to agree more onerous commercial terms with a private care-home provider may be amenable to public-law or Convention challenge…

A person who cannot succeed to a secure tenancy cannot ordinarily resist possession proceedings by asking the County Court to reconsider the proportionality or…

Police disciplinary hearings are ordinarily private. A solicitor may attend only where the applicable regulations and the required consent permit attendance. A…

On an appeal under Town and Country Planning Act 1990, the appellant bears the burden of establishing a statutory ground of challenge to an enforcement notice.…

Where parties resolve judicial review proceedings through negotiation, the costs order should reflect the parties’ conduct and the circumstances in which…

In an asylum or Article 3 claim based on a risk from non-state agents, the claimant must establish a real risk of the feared harm on return. Where the alleged…

Release on licence under the Criminal Justice Act 1991 is not necessarily a heavier penalty for the purposes of article 7 of the European Convention on Human…

The power to award credited pension years under the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales)…

Judicial review of a Central Arbitration Committee decision under the statutory recognition scheme is confined to irrationality or error of law. Whether a…

Whether a young person is in lawful custody is a question of fact, determined by whether his immediate freedom of movement is under another’s direct control. A…

Gross negligence manslaughter requires proof of a duty of care, breach, causation of death, a serious risk of death, and conduct so bad as to amount to a…

Police officers may temporarily cordon off a public right of way over privately owned land where reasonably necessary to preserve the scene of a serious crime.…

Section 32 of the Inland Revenue Regulation Act 1890 gives the Commissioners a discretion whether to reward a qualifying informer and, if so, as to the amount.…

A sentence of detention during Her Majesty’s pleasure imposed on a child convicted of murder is not equivalent to an ordinary life sentence. The Secretary of…

A public authority may have a lawful statutory power even where its internal constitution allocates the function to another body. The question remains whether…

Where an immigration policy requires adverse factors to be considered on their merits, the decision-maker must examine the reasons for any overstaying and must…

In a planning challenge, an inspector must address a substantial argument and explain the conclusion reached on it. Technical guidance that is not directly…

Article 8 requires adequate accommodation for a destitute asylum seeker and requires the decision-maker to consider the claimant’s personal circumstances. It…

Whether land is used for grazing, keeping animals, or a mixed use is a question of fact and degree. The evidence must be considered in the round. Grazing does…

For an alleged failure to dispose of an animal by-product without undue delay, the prosecution need prove that the carcase was in the defendant’s possession or…

In a planning appeal, an inspector must apply development-plan policies according to their proper meaning and give emerging policies only the weight justified…

Under section 28(7) of the Crime (Sentencing) Act 1997, only the Secretary of State can refer a discretionary life prisoner’s case to the Parole Board and…

A planning authority’s interpretation of an examination panel’s recommendation is lawful where the interpretation is reasonably open to it, having regard to…

Member States must classify as special protection areas the most suitable territories for protected birds, but the obligation is assessed by relevant…

For offences under the Pigs (Records, Identification and Movement) Order 1995, the prosecution must prove every element beyond reasonable doubt unless the…

Where an immigration claimant relies solely on the treatment likely to be received in the receiving state, and that treatment does not reach the threshold of…

An application under section 73 of the Town and Country Planning Act 1990 is an application for fresh planning permission. It must be determined on the facts…

For certification under paragraph 9(4)(a) of Schedule 4 to the Immigration and Asylum Act 1999, the decision-maker must examine the claim as a whole and ask…

Rule 18(6) of the Immigration and Asylum Appeals (Procedure) Rules 2000 relieves the Immigration Appeal Tribunal of any statutory duty to consider grounds…

In a challenge to a planning inspector’s decision, the court must determine whether planning policy language is capable of bearing the meaning adopted by the…

A certificate that a human-rights allegation is manifestly unfounded may be maintained only where it is not arguable that an adjudicator would allow the…

Material changes of use in the Green Belt are inappropriate development where they fail to maintain openness or conflict with the purposes of including land in…

In a planning challenge involving interference with the claimants’ home, the court held that an otherwise reasonable planning condition does not become…

The discretion under section 78 of the Police and Criminal Evidence Act 1984 must be exercised on an evidential basis. A breach of the Codes of Practice does…

In a planning challenge, an Inspector’s decision must be read as a whole. The court may infer that a personal condition was considered and found unnecessary…

Applications to adjourn a summary criminal trial require a careful examination of the circumstances causing the delay, the reasons for it, and its consequences…

In judicial review proceedings challenging a person’s categorisation as an illegal entrant, the Secretary of State bears the burden of proving the relevant…

For certification purposes, a human-rights appeal is manifestly unfounded only where it is so clearly without substance that it is bound to fail. On judicial…

Where an adjudicator accepts that an asylum claimant was detained but rejects the conclusion that the treatment amounted to torture, that does not necessarily…

In a prosecution for driving while disqualified, the prosecution must provide admissible evidence of every ingredient of the offence, including the defendant’s…

A tree preservation order is valid if it identifies the protected trees sufficiently to remove doubt, even if the plan contains immaterial inaccuracies. The…

For planning permission to be implemented, a material operation must both satisfy the statutory threshold and be comprised in the development authorised by the…

When reviewing a discretionary immigration decision, the court asks whether the decision-maker considered the material matters and whether the decision was…

In extradition proceedings, the court determines whether an extradition crime is disclosed from the requesting state’s warrant and the particulars supplied…

In extradition proceedings, the Secretary of State may leave the requesting state’s court to determine whether the accused is fit to stand trial, provided that…

Whether a dwelling is a person’s sole or main residence is a question of fact and degree. The assessment must consider all relevant circumstances. The time…

On applications under sections 288 and 289 of the Town and Country Planning Act 1990, the court reviews an inspector’s decision for an identifiable error of…

Where one part of a statutory instrument is unlawful, textual severance is not necessarily sufficient. The court must also consider whether the remaining…

A compensation scheme made under the Fur Farming Prohibition Act 2000 must operate fairly and rationally. A scheme may use standardised valuations and need not…

In an infant-class-size appeal, a finding that the admission authority made an error of law does not itself establish that its decision was unreasonable under…

An inspector’s decision must be read fairly and as a whole. The court asks whether it leaves genuine doubt about what was decided and why, rather than…

A licence period and a supervision period under the Criminal Justice Act 1991 need not coincide. A prisoner cannot be recalled for breach of a supervision…

An adjournment in judicial review proceedings is governed by fairness, the interests of both parties and the administration of justice. Relevant considerations…

An appeal under section 65 of the Immigration and Asylum Act 1999 is directly concerned with the appellant’s human rights. The human rights of another family…

An inspector may give limited weight to an emerging development plan and assess the proposal by reference to the policy’s objectives where the plan has not…

A custody sergeant may require obstructive or abusive persons to leave a police custody suite where their conduct prevents the station from operating…

Rejecting a submission of no case to answer does not ordinarily require magistrates to convict. They may reassess the prosecution evidence at the end of the…

A Secretary of State may adopt a policy of imposing restriction directions when transferring sentenced prisoners to hospital, even where the prisoner presents…

Article 6.2 of the Convention concerns the fairness of criminal proceedings and the evidential operation of presumptions. It does not empower the court to add…

A prisoner who provides information about serious crime may require protection even if he will not give evidence. Where a prisoner enters or re-enters custody…

A restitutionary claim for supplied services requires enrichment, enrichment at the claimant’s expense, an unjust factor, and no applicable defence. Receipt of…

In assessing a planning proposal affected by industrial noise, an inspector must judge the acceptability of the particular scheme before him. Compliance with…

In extradition proceedings, the requesting government bears the burden of proving, to the criminal standard, that the person before the court is the person…

A Secretary of State’s screening direction under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999…

Under section 6(5) of the Policyholders Protection Act 1975, the question is whether the liability under the policy is sufficiently connected with a liability…

In determining special educational provision, a tribunal must identify the provision required before deciding where it should be delivered. It must read its…

Where Parliament has entrusted decisions about a restricted patient’s transfer or leave to specified statutory decision-makers, the court must not substitute…

A Mental Health Review Tribunal must give adequate and intelligible reasons for discharging a detained patient. Its reasons must identify the issues critical…

Liability to forfeiture includes whether forfeiture would disproportionately interfere with the claimant’s rights. A condemnation court must consider that…

Where a public authority has a statutory power to recover possession of a home, the existence of an interference with Article 8 does not automatically require…

A successful asylum appellant has a right, or legitimate expectation, that refugee status and consequential leave will be granted without unreasonable delay.…

A case stated appeal cannot ordinarily introduce a new factual or legal issue which was not raised before the justices or stated in the case, particularly…

Triviality under section 11(3)(a) of the Extradition Act 1989 is a fact-sensitive question concerning the nature and quality of the alleged conduct in all the…

Under section 77 A of the Licensing Act 1964, a special hours certificate cannot cover physical areas which are not themselves covered by a music and dancing…

A planning decision-maker must identify whether a proposal accords with the development plan and must address the principal important controversial issues…

When determining whether a sewerage undertaker must provide a public sewer, the Environment Agency must consider the statutory conditions and weigh the…

An application for permission to appeal under rule 18(7) of the Immigration and Asylum Appeals (Procedure) Rules 2000 requires consideration of whether the…

For an offence of causing polluting matter to enter controlled waters, causation is not defeated merely because an unusual event intervenes. The question is…

In assessing refugee status, internal relocation must be considered holistically. A well-founded fear of persecution in the claimant’s home area does not…

In informal financial-ombudsman proceedings, fairness does not generally require the decision-maker to identify every aspect of a comparison which may…

An adjudicator’s recommendation made after dismissing an asylum appeal is not binding on the Secretary of State. The Secretary of State may apply a rational…

Consistency and plausibility do not, without more, establish an asylum claimant’s credibility. They also do not prevent a tribunal from rejecting the account…

An appeal from a valuation tribunal to the High Court under regulation 51 of the Valuation and Community Charge Tribunal Amendment Regulations 1993 lies only…

Procedural fairness in asylum interviews does not require applicants or their representatives to make a tape recording. The question is whether the procedure…

An applicant seeking leave to enter as a student must satisfy the immigration officer that all the requirements in paragraph 57 of the Immigration Rules HC 395…

In a criminal appeal by way of case stated, a tribunal may draw common-sense inferences from a congeries of circumstantial evidence. A conviction may properly…

A statutory reverse burden concerning an accused’s likelihood of driving while over the alcohol limit derogates from the presumption of innocence under article…

Under sections 9 and 17 of the Forestry Act 1967, the statutory exceptions to the requirement for a felling licence place a legal burden on the accused. The…

A judge of fact may reject evidence merely because it was not challenged in cross-examination. The judge must consider that the witness had no opportunity to…

Differential treatment of Gurkha and British soldiers is not unlawful merely because they serve together. For pension purposes, retired Gurkha soldiers…

Challenges to magistrates’ decisions to retain sentencing jurisdiction should succeed only in exceptional cases. The decision must be irrational, perverse or…

Section 16 of the Road Traffic Offenders Act 1988 provides an additional evidential route and does not exclude admissible expert evidence from an unauthorised…

Article 5(4) requires a speedy review of post-tariff detention. A temporary administrative system introduced to comply with a new legal requirement may adopt a…

Under Town and Country Planning Act 1990, section 288, the court reviews an inspector’s decision for error of law, not the merits of the planning judgment. A…

In disciplinary proceedings, dishonesty requires both a subjective element and an objective standard. The solicitor must appreciate that the conduct would be…

Approval of a breath-testing device under section 7(1)(a) of the Road Traffic Act 1988 is a matter for the Secretary of State. Unless challenged by judicial…

Where an analyst’s certificate is relied on in a drink-driving prosecution, service on the accused within the statutory period is a precondition to…

After a life prisoner’s tariff has expired and the Parole Board has recommended release, continued detention may become arbitrary and breach Article 5(1)(a)…

Section 55 of the Nationality, Immigration and Asylum Act 2002 requires an individualised assessment of whether an asylum claim was made as soon as reasonably…

In assessing a refugee’s fear of persecution on return, the court must examine whether the particular individual would arouse the adverse interest of the…

The pre-conviction intervention powers under section 2 of the Protection of Animals (Amendment) Act 2000 apply only to animals which are the subject of the…

The criminalisation of homosexual conduct in a receiving state does not, by itself, require the United Kingdom to grant immigration status or prevent removal.…

When proceedings seeking an injunction become academic, the court will ordinarily terminate them. An exception for points of general public importance should…

Credibility findings in an asylum appeal must be supported by rational and legally relevant reasons. An adjudicator must assess the claimant’s evidence fairly…

Under the introductory-tenancy scheme, the notice must state the reasons for the landlord’s extant decision to seek possession. If a review reverses that…

Regulation 4 of the Manual Handling Operations Regulations 1992 creates a risk-reduction regime, not an absolute no-risk or no-manual-lifting rule. Hazardous…

A statutory tribunal required to give reasons must explain sufficiently why the unsuccessful party lost. Its reasons should identify the basic factual findings…

Whether accommodation is a self-contained unit depends on whether it was constructed or adapted for use as separate living accommodation. The inquiry concerns…

An appellate tribunal considering an out-of-time asylum appeal must address whether the circumstances are sufficiently special to justify extending time. That…

An all proceedings order requires proof that the litigant has acted habitually and persistently, and that the proceedings were vexatious and brought without…

A local authority may ordinarily change asylum-support payments from payment in advance to payment in arrears where the decision falls within the range of…

In condemnation proceedings, the validity of the initial interception is separate from the liability of goods to forfeiture. An unlawful stop or search does…

For section 11(3) of the Extradition Act 1989, triviality is assessed by examining the offence in all its circumstances. The maximum or likely sentence may…

A medical referee exercising functions under the Police Pensions Regulations 1987 must answer the questions referred and issue the certificate required by the…

A local planning authority may use its power under Town and Country Planning Act 1990, section 178, to enforce a valid and effective enforcement notice. The…

A failure by a public authority to protect Convention rights is not automatically actionable merely because an interference has occurred. For omissions…

Where a Mental Health Review Tribunal considers an application by a nearest relative for discharge under the Mental Health Act 1983, it may defer discharge…

Further representations will found a fresh asylum or human-rights claim only where the new material is sufficiently significant and credible to create a…

A human-rights challenge to an asylum decision requires facts capable of establishing a real risk of torture or inhuman or degrading treatment. Bare or limited…

Damages for breach of Article 5.4 are not automatic. Under section 8 of the Human Rights Act 1998 and Article 5.5, an award is required only where necessary to…

A local social services authority’s duty under Mental Health Act 1983, section 117, arises when the statutory conditions are met. In a contested…

The statutory calculation of an overpayment precedes the Secretary of State’s discretion to waive or reduce recovery. A claimant’s unclaimed or notional…

The prosecution’s disclosure obligation may arise at common law, including in summary proceedings instituted by summons. The court need not resolve the precise…

A criminal conviction is not vitiated merely because a fact-finding court has imperfectly rationalised differences between honest witnesses. The essential…

Special reasons for avoiding disqualification after drink-driving require an objective assessment. The court must examine the seriousness of the emergency, the…

A coroner must explain that neglect may arise from a gross failure to provide basic medical attention, even where an individual has made a clinical assessment…

In advertisement control, decisions must be made only in the interests of amenity and public safety, taking account of material factors within those interests.…

A breach of a curfew order may be established where the order made by the court included electronic monitoring, even though the copy supplied to the offender…

A retrial following an irregular identification is generally appropriate unless a fair trial has become impossible. A disputed identification engages Code…

In a criminal prosecution under section 3(1) of the Health and Safety at Work Etc Act 1974, the prosecution need not prove the precise mechanism of an accident…

Under the Police Pensions Regulations 1987, a police authority must refer the questions specified in Regulation H1(2) to a medical practitioner, including…

A recalled prisoner serving an extended licence period is deprived of liberty subject to the safeguards in Article 5. Continued detention must remain connected…

Judicial review does not permit the court to reweigh evidence or substitute its own view for that of an adjudicator. A challenge to an asylum determination…

Removal will breach Article 3 only where the claimant establishes substantial grounds for believing that removal exposes them to a real risk of torture or…

A parenting order under the Crime and Disorder Act 1998 involves judicial evaluation and assessment, not the determination of a criminal charge or a disputed…

A deferred conditional discharge remains under review until the related proceedings are finally disposed of. Rule 17(1) of the Mental Health Review Tribunal…

A person is entitled to asylum support under section 95 of the Immigration and Asylum Act 1999 only if the statutory eligibility criteria are satisfied. Where…

In an Article 8 immigration case, an insurmountable obstacle ordinarily means a legal or physical impediment to the family joining the person removed in the…

Careless driving may be assessed by considering the whole driving incident, including a sequence of connected actions and omissions. The prosecution need not…

A magistrates’ court has jurisdiction under section 2 of the Dogs Act 1871 where the dog’s owner is amenable to its jurisdiction and ordinarily keeps the dog…

Liberty to apply is suitable for clarifying an order or determining whether an uncomplicated continuing breach exists. It is unsuitable for resolving a…

Whether land falls within the curtilage of a listed building is a question of fact and degree. Curtilage concerns land attached to a dwelling and forming part…

For the purposes of Criminal Justice Act 1988, section 139, a person who puts a bladed article in his own clothing continues to have it with him in a public…

Costs on an appeal from a licensing decision remain discretionary. Costs do not follow automatically merely because the authority loses. The court must…

Planning inspectors must assess the weight due to an emerging local plan by reference to its procedural stage and the nature of objections to the relevant…

In a planning challenge, an inspector may take account of evidence that cannot be tested because of commercial confidentiality, although the inability to test…

A substantive legitimate expectation requires a clear and unambiguous representation on which reliance was reasonable. A public authority cannot ordinarily…

On a statutory appeal concerning the deemed dedication of a public path, the court’s role is supervisory. The Inspector must consider the landowner’s intention…

On an appeal under section 289 of the Town and Country Planning Act 1990, the appellant bears the general onus of establishing a ground of appeal under section…

On an appeal against revocation of a firearms or shotgun certificate, costs do not ordinarily follow the event. The Crown Court must consider the police…

A wasted costs order may be made where legal representatives place a materially misleading application before the court and their failure to meet the ordinary…

A receiver appointed under the Criminal Justice Act 1988 is not personally assessable to capital gains tax or income tax arising from realisations of the…

Momentary loss of consciousness may amount to actual bodily harm under section 47 of the Offences Against the Person Act 1861. The statutory words are ordinary…

A tribunal determining special educational needs must give essential reasons on the substantial issues raised, even where legislation requires reasons only in…

Youth Justice and Criminal Evidence Act 1999, section 21(5), requires a special measures direction for a child witness in need of special protection. That…

An inspector determining a planning appeal need not address every point raised, provided the principal points are identified and dealt with. A procedural…

Under regulation 6(1)(j) of the Hedgerows Regulations 1997, complete removal of a hedgerow can constitute removal required for its proper management. The…

Where a person under 15 cannot receive a detention and training order because the statutory persistence requirement is not met, the court should not ordinarily…

Further representations may constitute a fresh human rights claim where they contain significant and credible material, unavailable when the earlier claim was…

A funding review committee must address the central issue advanced by an applicant and explain how it reached its conclusion on that issue. It is insufficient…

Under the Use Classes Order 1987, a small children’s home falls within Class C3 only where the children and at least one carer reside together as a properly…

A prosecuting authority in health and safety proceedings should provide clear particulars identifying the allegations and the evidence relied upon.…

Under section 324 of the Education Act 1996, a local education authority must arrange the special educational provision specified in a statement unless the…

In planning law, private-law estoppel cannot prevent a local planning authority from exercising statutory enforcement powers. Appeals against enforcement…

When a defendant successfully appeals against sentence to the Crown Court, the court should normally make a defendant’s costs order against the respondent or…

A judicial review application should not ordinarily proceed where the claimant has lost any personal interest in the dispute. The court may decline to grant a…

Under the Housing Act 1996, the duty to secure suitable accommodation is continuing during the relevant period. Acceptance of emergency accommodation does not…

Where a public authority publishes procedural guidance which creates a legitimate expectation, fairness may require compliance with that procedure in the…

A defendant who is medically unfit to stand trial should not be subjected to the criminal trial process. Legal representation does not by itself cure an…

Where an appeal raises important legal and evidential issues, the court should ensure that both sides have a fair opportunity to make submissions before…

Where a suspect disputes identification, Code D ordinarily requires an identification parade. The obligation does not apply where the investigating officer is…

When reviewing an interim suspension imposed by a professional regulatory body, the court must give due weight to the body’s knowledge and expertise.…

An appeal by case stated is concerned with errors of law. A complaint about factual findings may amount to an error of law where there was no evidence capable…

An auditor’s judicial review challenge may be refused under section 31(6) of the Supreme Court Act 1981 where there has been extreme delay and relief would…

Under Magistrates’ Courts Act 1980, section 24(1), a Youth Court must commit a young defendant charged with a qualifying grave offence if it considers that, on…

An appellant’s repeated failure to attend a Crown Court appeal does not, without more, amount to abandonment. The formal abandonment procedure applies whether…

Where a directions hearing has not been designated as an oral permission hearing, the claimant should retain the procedural entitlement to a decision by a…

A constable may require a breath specimen under Road Traffic Act 1988, section 6, where there is reasonable cause to suspect alcohol in the driver’s body or a…

On judicial review of a Crown Court decision on appeal from a speeding conviction, the reviewing court does not decide whether the tribunal reached the correct…

A dispersal policy must be applied with regard to the individual circumstances of each case. Exceptional circumstances, including established social support…

When deciding whether a Schedule 2 development is likely to have significant environmental effects, the decision-maker must focus on the likely effects of the…

For a Schedule 2 development, an environmental impact assessment is required only where the development would be likely to have significant effects on the…

An adjudicator considering certification under paragraph 9 of Schedule 4 to the Immigration and Asylum Act 1999 must first decide whether a valid certificate…

When a definitive map records a public right of way but the correct route is disputed, the question is not whether an alternative route can reasonably be…

Where a defendant is brought before a magistrates’ court unexpectedly following arrest on a warrant, and the prosecutor cannot attend immediately, dismissal…

Section 12(2) of the Criminal Justice and Court Services Act 2000 requires CAFCASS to make practical provision for the performance of children's guardian…

Under rules 18 and 19 of the Immigration and Asylum Appeals Procedure Rules 2000, fresh evidence not submitted to an adjudicator must be filed with, or before…

Where proceedings before the Administrative Court substantially overlap with proceedings before a Divisional Court, and the latter has a wider statutory power…

In deciding whether a defendant has been tried within a reasonable time under article 6, the court must assess the delay across the proceedings as a whole.…

A decision to exclude a mother from a prison Mother and Baby Unit and separate her from her child engages Article 8 and must be substantively and procedurally…

On a statutory challenge to a planning inspector’s decision, the High Court will not substitute its own planning judgment for that of the inspector. An…

On judicial review of a refusal to state a case, the question is whether the magistrate’s conclusion that the proposed case was frivolous was wrong in…

An adjournment pending a possible appeal in a higher court should generally be granted only where (1) the relevant law is uncertain and likely to be clarified…

The compulsory provision of driver-identification information under Road Traffic Act 1988, section 172, is a proportionate legislative response to road-safety…

The Data Protection Act 1998 gives domestic effect to the permitted restrictions in Article 13 of the data-protection directive. Its exemptions are not…