High Court: Administrative Court judgments, 2004

Rule 67(2) of the Magistrates' Courts Rules 1981 does not provide the relevant proof mechanism where a probation appointment letter was sent before enforcement…

Where a public authority seeks to depart from a substantive legitimate expectation, the court must weigh fairness against the alleged overriding interest. If…

The place-of-supply rules in the Sixth Directive allocate taxing jurisdiction between Member States. The United Kingdom cannot impose VAT on telecommunications…

Whether a licence condition deprives a person of liberty under Article 5 depends on the concrete situation and the cumulative effect of the restrictions.…

For the purpose of Crime and Disorder Act 1998, section 28(1)(a), the requirement that hostility be demonstrated at the time of the offence or immediately…

A professional regulator’s filtering committee should refer a case for inquiry where there is a genuine possibility that serious professional misconduct can be…

Permission to appeal may be refused where the proposed grounds do not disclose sufficient merit to satisfy the applicable criteria, even though the case is of…

A conviction for manslaughter by a doctor should ordinarily prompt consideration of erasure from the medical register, although erasure is not automatic. The…

An application to quash an inquest may succeed where new evidence means that the original inquiry might have reached a different verdict. It is unnecessary to…

On an appeal under the Extradition Act 2003, the High Court may allow the appeal only where the appropriate judge ought to have answered an issue differently…

The duty to have regard to a statutory code means that the decision-maker must take its provisions into account, but does not require slavish obedience. An…

Simple negligence in hospital treatment which causes death does not, without more, breach the state’s substantive obligation to protect life under article 2 of…

On an appeal from a SENDIST decision, the court must identify the treatment complained of before selecting the comparator under the Disability Discrimination…

Under section 54A of the Town and Country Planning Act 1990, a planning authority must interpret the relevant development plan, decide whether the proposal…

For permission to appeal, an applicant need show a real, non-fanciful prospect of success; the court need not decide that the appeal will succeed. In an…

Section 8(3)(d) of the Coroner’s Act 1988 requires a jury where there is reason to suspect both that the circumstances of death may recur and that reasonable…

A person who lodges a notice of appeal to an adjudicator out of time remains a party to an appeal for the purposes of the statutory right of appeal to the…

Under section 40A of the Road Traffic Act 1988, the offence is absolute: the prosecution need not prove the user’s state of mind. Whether a vehicle’s condition…

A planning inspector must determine an application in accordance with the applicable development plan unless material considerations indicate otherwise. A…

Where a public authority has repaid a debt before judgment, the High Court may still award interest under section 35A(3) of the Supreme Court Act 1981 in…

The Secretary of State’s power under Mental Health Act 1983, section 47 is accompanied by a duty to act in appropriate circumstances. Once the prison service…

Where judicial review proceedings are resolved by agreement before the merits have been fully argued, the court should avoid determining or implying a final…

A compulsory purchase decision will withstand a reasons challenge where the decision letter and incorporated inspector’s report, read as a whole, identify and…

When deciding whether goods were supplied under a false or misleading trade description, magistrates may consider the label and evidence as a whole. They are…

Article 1 of the Convention is essentially territorial. Exceptional jurisdiction may arise where a state exercises authority from a discrete quasi-territorial…

A car park attached to a public house may be a public place for the purposes of section 5 of the Road Traffic Act 1988, even where access is limited to…

Applications for permanent injury benefit begun under the former regulations were to be dealt with under the National Health Service (Injury Benefits)…

When deciding whether to adjourn a criminal appeal, the court must consider the interests of the appellant, witnesses and the public. A refusal may be unlawful…

In a statutory planning challenge, the court reviews legality, not the planning merits. A development plan must be read as a whole, but a policy may…

For a psychological injury suffered over time, the question is whether the injury has a sufficient causal connection with service as a police officer, rather…

Proceedings under Part 5 of the Proceeds of Crime Act 2002 are civil, preventive proceedings, not criminal proceedings. The court must decide whether unlawful…

A licensing authority may assess whether a hackney carriage driver is a fit and proper person by reference to driving competence, including competence shown by…

The absence of contemporaneous recording or a verbatim transcript in Employment Tribunal proceedings does not, without more, breach natural justice or Article…

The power under section 142 of the Magistrates’ Courts Act 1980 is a limited slip-rule jurisdiction. It may be available where the court was misled about a…

Detention under section 3 of the Mental Health Act 1983 does not require continuous in-patient residence. The relevant question is whether the treatment plan…

For removal to engage article 8 on health grounds, the evidence must show consequences of exceptional gravity. A general risk of deterioration, suicidal…

In an environmental impact assessment, the decision-maker must have sufficient information to identify and assess the development’s main or likely significant…

Under sections 6(1)(d) and 11(3)(b) of the Extradition Act 1989, the court must assess the individual circumstances and evidence, viewed cumulatively. A…

A legitimate expectation of a substantive immigration benefit requires an unequivocal and unqualified representation, an objectively reasonable expectation…

Under the Extradition Act 2003, the appropriate judge has discretion to adjourn an extradition hearing after it has begun where proceeding would cause…

When deciding whether to commit a defendant under 15 to the Crown Court for a grave offence, a Youth Court must assess the likely sentence for the defendant’s…

Under section 11(3)(b) of the Extradition Act 1989, delay justifies discharge only where, having regard to all the circumstances, return would be unjust or…

Non-statutory guidance may identify matters so obviously material to a statutory decision that the decision-maker must consider them. If the decision-maker…

An appeal panel deciding a school-admission appeal must communicate the grounds of its decision in writing. A standard form letter may suffice for a simple…

Under section 2 of the Child Abduction Act 1984, “removing” a child from lawful control concerns the objective consequence of the taking or detention. It does…

For a regulatory offence requiring conduct to cease or a condition to be fulfilled, whether an offence is continuing depends on the statutory or byelaw scheme…

Where an appeal raises a potentially important issue about the court’s use of private or preliminary notes made by a tribunal chairman, the court should not…

The Human Rights Act 1998 is generally prospective. Domestic rights created by the Act cannot ordinarily arise from events completed before 2 October 2000.…

An approved breath-analysis device may be presumed to contain the approved software and to operate correctly, provided the evidential limits of that…

In reviewing an extradition decision, the court must assess whether the Secretary of State acted lawfully and rationally within the statutory discretion. Delay…

In a statutory challenge to a planning inspector’s decision, the court will not require separate reasons for every point raised by an applicant. The inspector…

On a statutory appeal from a specialist educational tribunal, reasons are adequate where they address the substantial issues and enable the parties to…

For a certificate of inadequacy, realisable property includes all property held by the defendant, including legitimately acquired property obtained after the…

British Nationality Act 1981, section 4B, creates statutory conditions for registration as a British citizen. Where those conditions are not met, the Secretary…

A coroner must not leave unlawful killing to a jury unless the evidence permits a properly reasoned verdict on the criminal standard. The coroner must identify…

An optician owes a duty to exercise the reasonable care and skill of a reasonably competent optician. A referral to hospital does not excuse a failure to make…

A publication may constitute contempt under section 2(2) of the Contempt of Court Act 1981 where, assessed at the date of publication, it creates a real…

A Tree Preservation Order may be made only where the local planning authority considers it expedient in the interests of amenity. The committee must receive a…

For the purposes of the Protection from Harassment Act 1997, a deliberate failure to control dogs may amount to conduct forming part of a course of conduct…

A statutory procedure requiring determinations without an oral hearing must be read compatibly with Article 6(1) of the Convention. Where a High Court judge…

A tree preservation order may lawfully include a diseased or potentially dangerous tree where the local planning authority has rational material supporting the…

The duty under section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 applies throughout a conservation area. It is not confined to…

Under regulation 11 of the Provision and use of Work Equipment Regulations 1998, an employer must provide effective measures preventing access to dangerous…

The Family Division may make residence, care or wardship orders concerning a child subject to immigration control, but such orders cannot restrain or fetter…

For the offence of being in charge of a vehicle while over the prescribed alcohol limit, proof of an intention to drive is not an essential ingredient. The…

For a statutory detention period expressed in days, the day on which the detention order is made is excluded from the calculation. The final day therefore…

On a statutory appeal from a professional disciplinary committee, the court should give appropriate respect and weight to the committee’s assessment of…

A voluntary recognition agreement between an employer and an independent trade union may prevent a rival union’s statutory recognition application under…

The Dublin screening process is undertaken once, by the Member State with which the asylum application is first lodged, and by reference to the situation…

Under section 174 of the Town and Country Planning Act 1990, an appeal notice must identify the enforcement notice to which it relates. Where the notice…

A third party may institute a criminal prosecution where the offence involves a public interest and benefit, rather than a purely private grievance. The public…

In deciding whether to make a civil proceedings order, the court must examine the applicant’s litigation history as a whole. The inquiry is not confined to…

The Criminal Cases Review Commission has a genuine discretion under the Criminal Appeal Act 1995 whether to refer a conviction, even where the statutory…

A wasted costs order against legal representatives requires a structured three-stage inquiry: whether the representatives acted improperly, unreasonably or…

For council tax liability orders, a person’s “last known place of abode” means the last place known to the billing authority after taking reasonable steps to…

In assessing development in the Green Belt, an inspector must consider both whether the proposal is inappropriate development and whether it accords with the…

Legal professional privilege depends on the circumstances of the particular case. In an ordinary alibi case, privilege should not be defeated by analysing the…

The Parole Board deciding whether to confirm a prisoner’s recall must assess whether the prisoner presents an unacceptable risk of further offending. It need…

Under Criminal Justice Act 1988, documentary evidence may establish the nature and alcohol content of a labelled commercial product without scientific…

In planning law, a proposed structure must be assessed by reference to the totality of the operations forming the project. A decision-maker must first…

An unchallenged planning permission or environmental impact assessment screening decision must be treated as valid and cannot ordinarily be attacked indirectly…

There is no general duty to delay a police-station breath test until a detainee has obtained legal advice. The police must act without delay to secure advice…

A statement of special educational needs must specify not only the child’s needs and the objectives of provision, but also the means by which those objectives…

In a green-belt case, contamination may contribute to very special circumstances justifying inappropriate development, but it does not automatically do so. The…

Prison disciplinary offences should be construed no more harshly to a prisoner than equivalent criminal offences. Language in the Prison Rules should receive…

The Commissioners must investigate VAT repayment claims reasonably, proportionately and expeditiously. The investigation may be thorough and lengthy where…

Words describing a person as a “foreigner” may, depending on context, demonstrate hostility towards a racial group defined by nationality or national origins.…

Under section 11(3) of the Extradition Act 1989, an extradition court must consider whether return would be unjust or oppressive because of the passage of…

A statement of special educational needs must be read as a whole and purposively. Descriptions in Part 2 identify the child’s needs, but do not automatically…

Decisions made by a county court or by the High Court sitting in a District Registry must be challenged by appeal through the appropriate appellate route.…

An appeal concerning a statement of special educational needs may remain justiciable after the child changes local authority, where unresolved provisions in…

For the purposes of the Green Belt test in PPG2, circumstances do not each have to be very special when considered separately. Several ordinary factors may…

On a prisoner’s representations against recall, the Parole Board may consider afresh whether release would create an unacceptable risk of any further…

A court may discharge or vary a consent order made in judicial review proceedings where the underlying situation is dynamic. The applicant must establish a…

A disciplinary tribunal should stay proceedings for delay only where the delay makes a fair hearing impossible or creates a compelling and exceptional…

Police officers may enter premises without a warrant under Police and Criminal Evidence Act 1984, section 17(1)(e), where the circumstances reasonably indicate…

Judicial review of a sentence requires a high threshold. The review is distinct from an ordinary sentence appeal on the merits. Where the reasons and…

Notification and certification requirements for a planning application under the Town and Country Planning Act 1990 and the Town and Country Planning (General…

Restrictions on tobacco advertising at the point of sale must satisfy proportionality review under Article 10, but the intensity of review depends on context.…

The statutory due diligence defence requires a defendant to prove all reasonable precautions and all due diligence. Where the defence relies on the act or…

When construing an express planning permission granted under the statutory regime for existing caravan sites, the permission must be read with any application…

A tribunal deciding the appropriate educational placement for a child with special educational needs may rationally prefer informed evidence from school staff…

Guidance on school exclusions must be treated as a material consideration, but its suggested period for a typical exclusion is not a mandatory maximum. The…

A course of conduct offence may continue until the final incident relied on, so evidence of earlier incidents may be admissible where at least one relevant…

A local planning authority acts unlawfully if a notice granting planning permission omits the summary of reasons required by article 22(1) of the Town and…

Judicial review proceedings which have become wholly academic should ordinarily be dismissed without determining disputed legal issues that no longer have…

An appeal from a professional disciplinary tribunal is allowed only where the tribunal’s decision was wrong or unjust because of a serious procedural or other…

For the purposes of the drink-driving offence, Road Traffic Act 1988 s 5, “breath” bears its ordinary meaning: air exhaled from the body. It is not confined to…

A prison disciplinary hearing must be fair at common law. Fairness requires a prisoner to know the substance of the evidence relied upon before answering the…

For the statutory replacement procedure to be completed, the driver must give an unequivocal answer when offered the option of replacing a qualifying breath…

In a challenge under Town and Country Planning Act 1990, an inspector may take account of residents’ fear of crime where continuing incidents and past…

A local housing authority must consider a further homelessness application under section 184 of the Housing Act 1996 unless it is based on exactly the same…

In a challenge under Town and Country Planning Act 1990, the court may not substitute its own interpretation of planning policy for that of the decision-maker.…

Section 194 of the Law of Property Act 1925 does not require a public local inquiry in every case. Its reference to the inquiries directed by the Commons Act…

For Part II of the Local Government (Miscellaneous Provisions) Act 1976, “operate” retains its statutory meaning: making provision in the course of business…

A councillor has a personal interest where a council decision might reasonably be regarded as affecting his well-being more than that of other local people.…

An information is sufficient where it describes the offence in ordinary language and gives reasonable information about the nature of the charge. The court may…

A fundamental error of fact may amount to an error of law where it causes the decision-maker to take account of an irrelevant consideration or fail to take…

A licensing authority may limit hackney carriage licences only where it is satisfied that there is no significant unmet demand. Even then, limitation is…

Whether a parent has reasonable justification for failing to secure a child’s regular school attendance under section 444(1A) of the Education Act 1996 is…

In a planning appeal, the existence of a separate statutory regime for advertisement consent does not make signage irrelevant to the planning assessment.…

Inappropriate development in the Green Belt may be justified by very special circumstances arising from the combined effect of local need for gypsy sites and…

Once an appeal against a notice requiring documents or accounts under section 19A of the Taxes Management Act 1970 has been determined, the taxpayer cannot…

An offence under section 5(5) of the Protection from Harassment Act 1997 is one of strict liability and does not require proof of mens rea. The prosecution…

Where Road Traffic Act 1988, section 7(2) prevents a breath specimen being required at a hospital, the police need not explain that statutory reason to the…

A magistrates’ court may make a hospital or guardianship order under section 37 of the Mental Health Act 1983 without convicting an accused who has done the…

For disability discrimination, “substantial” means more than minor or trivial. The tribunal must assess separately the impairment, adverse effect…

Evidence obtained before a police officer has formed grounds to suspect an offence need not be preceded by a caution. Whether an allegation concerning…

In assessing self-defence, the court must consider whether the force used was reasonable in the circumstances as honestly believed by the defendant. A person…

Reasons given by a local planning authority for departing from a local plan inspector’s recommendation must be proper, adequate and intelligible, and must show…

Time limits for appeals are ordinarily procedural. A tribunal dealing with a late appeal must apply the statutory scheme governing extensions of time and has…

The ordinary rule is that an asylum decision is reconsidered by reference to circumstances existing when the fresh decision is made. An exceptional departure…

For an offence under section 5(1) of the Public Order Act 1986, threatening, abusive or insulting behaviour must be within the actual sight or hearing of a…

An application to extend time for appealing a Solicitors’ Disciplinary Tribunal decision must be supported by a good explanation for delay. The court may…

A challenge to a local plan under section 287 of the Town and Country Planning Act 1990 is confined to errors of law within the statutory grounds. It is not a…

For an offence of failing to provide a breath specimen, an express refusal is unnecessary. The court must assess the person’s conduct as a whole. A proper…

A traffic authority may use Road Traffic Regulation Act 1984, section 82(2)(b), to direct that a road lacking the street lighting described in section 82(1)…

A prison-wide call-enabling regime may lawfully restrict prisoners’ telephone communications where it pursues legitimate aims such as preventing crime…

In criminal proceedings, a party should ordinarily be given an opportunity to make oral submissions before the court decides whether proceedings should be…

A prison may make enhanced status conditional on a prisoner addressing his offending behaviour and completing courses identified in a sentence plan. Where a…

Under section 96 of the School Standards and Framework Act 1998, the condition that a child has been refused admission to “each school” providing suitable…

Under section 2 of the Chronically Sick and Disabled Persons Act 1970, a local authority must distinguish between identifying a disabled person’s needs…

Whether possession of an offensive weapon per se is supported by a reasonable excuse under section 1(1) of the Prevention of Crime Act 1953 is ordinarily a…

Where a party’s medical condition materially impairs the ability to present a serious case, the court may grant a further adjournment to secure a fair…

A person disqualified from driving until passing an extended test may rely on the statutory exemption only if he holds a provisional licence and complies with…

Property previously taken into account in a confiscation calculation is excluded from civil recovery only while the relevant confiscation order remains extant.…

Accommodation and nursing or personal care may be provided by different persons or companies and may be arranged through an assured tenancy. That arrangement…

Under Regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1992, discontinuance of an advertisement with deemed consent…

At an inquest, the Galbraith test governs whether evidence is sufficient to leave a verdict to the jury. The coroner also has a separate discretion, guided by…

For an offence under section 4 of the Protection from Harassment Act 1997, the prosecution must establish a course of conduct involving at least two occasions…

A discretionary-leave policy may lawfully provide for staged grants of leave before settlement. The Secretary of State is entitled to attach considerable…

Exceptional delay does not necessarily defeat judicial review where refusal of relief would perpetuate a serious injustice, particularly in relation to an…

Under section 11(3)(b) of the Extradition Act 1989, the court must assess all the circumstances and decide whether the passage of time would make return…

A magistrates’ court should issue summonses on informations properly laid unless there are compelling reasons not to do so, such as abuse of process or…

Whether special reasons exist to avoid mandatory disqualification for drink-driving is determined objectively and depends on the whole circumstances. Relevant…

An appeal by way of case stated must raise a question of law, not merely challenge factual findings. Magistrates need not recite the criminal burden and…

Where a judicial review claim is resolved by agreement, the court may determine costs by focusing on the parties’ conduct rather than conducting a detailed…

A local authority may recover a charge for social care services at an amount it considers reasonable, subject to conventional public law review and applicable…

Under Part VI of the Housing Act 1996, a residence order is a material consideration but does not dictate the accommodation which a housing authority must…

For the purposes of Road Traffic Act 1988, the requirement to provide a specimen and the offence of failing without reasonable excuse to provide it apply…

On a prosecutor’s appeal by case stated against an acquittal, the High Court determines whether the magistrates’ decision was wrong in law, not whether another…

In a planning decision, an inspector must address the principal important controversial issues, but need not answer every detailed submission or give reasons…

Where an application under section 109 of the Water Resources Act 1991 is valid on its face, the Environment Agency cannot refuse to entertain it merely…

Under article 5 of the Naval, Military and Air Forces (Disablement and Death) (Services Pension) 1983 Order, the claimant bears the burden of establishing the…

Where police officers intend to search a person without arrest, the statutory safeguards in Police and Criminal Evidence Act 1984, section 2, must be complied…

In planning judicial review, the decision-maker must assess the proposal against the development plan as a whole. Policies may pull in different directions…

In an enforcement appeal, the appellant bears the burden of establishing the statutory ground relied upon, but the Inspector must determine the real issue…

A genuine conscientious objection does not, without more, provide a defence to absence without leave under service discipline law. A recalled reservist is…

Publicity following an anti-social behaviour order may engage Article 8. Authorities must consider the Convention rights of those subject to the order and of…

Extradition committal proceedings are not a trial. A District Judge may protect a vulnerable complainant from cross-examination where it would involve testing…

A mental health review tribunal cannot impose conditional-discharge conditions which inevitably deprive a patient of liberty. Whether conditions constitute…

A condition of conditional discharge is unlawful if, in its practical effect, it continues the patient’s detention. The distinction between deprivation of…

Article 14 is engaged where legislation falls within the ambit of an Article 8 right, even though Article 8 itself is not breached. Housing legislation…

Where a public authority has failed to comply with procedural obligations but has an arguable defence, permission to participate may properly be granted at a…

Permission for judicial review may be granted where the claimant identifies an arguable issue requiring substantive consideration, even though the claim may…

A statutory warning required before obtaining a specimen must be given by the constable who requires the specimen. A warning by a doctor does not satisfy Road…

A magistrates’ court has power to try separate informations together where that course is in the interests of justice. That power is not excluded merely…

Serious professional misconduct requires conduct falling seriously below the standards expected of medical practitioners. Negligence may constitute serious…

Age assessments of young asylum seekers must be conducted fairly and with minimum standards of inquiry. Except in clear cases, age cannot be determined solely…

Applications to dismiss charges sent to the Crown Court under section 51 and Schedule 3 to the Crime and Disorder Act 1998 concern trial on indictment. They…

Judicial review does not provide a general route for reducing a sentence considered excessive. The sentence must be beyond the lower court’s jurisdiction or…

A local authority may use a tenant’s valid notice to quit to end a secure joint tenancy, even where legislation provides a possession procedure dealing…

A planning decision-maker must address the material housing need found by an inspector. The extent of any shortfall affects the weight given to housing need…

A person permitted to participate in a planning appeal hearing is entitled to a fair hearing, including a proper opportunity to understand the appellant’s…

An application under section 288 of the Town and Country Planning Act 1990 cannot be used to challenge the planning merits of an inspector’s decision. The…

In determining a child’s special educational needs, a tribunal must give adequate, reasoned consideration to conflicting professional evidence. It cannot…

Where a public authority chooses to consult before making a decision, the consultation must be fair. Consultees must be told the substance of the proposal, the…

Where a local authority is looking after an eligible child, it must comply with the statutory leaving-care framework. It must assess the child’s needs and…

Whether a person is disabled under the Disability Discrimination Act 1995 depends on the statutory question whether an impairment has a substantial and…

Whether to adjourn criminal proceedings is a discretionary decision for the trial court. The court must rigorously examine the circumstances causing the delay…

The court has a discretion under Medical Act 1983, section 41A, whether to extend an interim conditional registration order. Although an undertaking will…

In a planning judicial review, a permission affected by a material error of law should be quashed unless the court can exclude any reasonable possibility that…

In assessing whether further representations amount to a fresh asylum claim under Immigration Rules rule 346, the Secretary of State must consider whether the…

A public authority may revise and apply a lawful policy to persons previously dealt with under an earlier policy. Prisoners do not ordinarily have a legitimate…

A refusal by the Lands Tribunal of permission to appeal from a leasehold valuation tribunal is not appealable to the Court of Appeal under section 3(4) of the…

When deciding whether to extend an interim suspension of a medical practitioner’s registration, the court exercises a discretion. It must balance the…

Applications to extend custody time limits based on the unavailability of a court or judge require particularly careful scrutiny. The court must be positively…

A prisoner’s security categorisation is lawful where the decision-maker applies the relevant prison policy, considers the available reports and provides an…

Where judicial review raises public law issues which materially overlap with related private law claims, the court should consider whether consistent and…

In extradition proceedings, the court must assess the information supplied by a foreign authority realistically and without imposing unnecessary technicality.…

Under Part 1 of the Extradition Act 2003, the conditions in sections 65(2) to (6) are alternative routes to establishing an extradition offence. Sections 65(3)…

Judicial review examines the legality and rationality of a local authority’s decision-making, not which care placement is best. A statutory assessment need not…

A claim may be certified as clearly unfounded where, taking the claimant’s account at its highest, the evidence could not properly support a finding of a real…

A local authority’s duty to consider a child’s wishes regarding accommodation does not ordinarily require it to comply with them. The authority must ascertain…

An interim suspension may be extended where serious allegations, relevant professional history and the protection of the public justify continued suspension.…

Under section 70 of the Extradition Act 2003, a request based on a conviction must state, expressly or equivalently, that the person is unlawfully at large.…

The Parole Board’s task on a recall challenge is to assess whether the prisoner’s continued liberty or release would present an unacceptable risk of further…

A Crown Court judge’s refusal to release a transcript of sensitive public interest immunity proceedings may be quashed where the reasons rely on irrational…

An adjournment for a sentencing assessment may create a legitimate expectation that the recommended non-custodial sentence will be imposed, particularly where…

A planning condition may lawfully restrict an existing user right where it is imposed for a planning purpose, fairly and reasonably relates to the permitted…

A renewed application for permission to seek judicial review may be dismissed where the claim has become wholly academic because the relevant services were…

A prisoner released on licence retains rights under article 8, but challenges to licence conditions are subject to intense respect for the expertise of prison…

A policy not to enforce removal of failed asylum seekers does not, without more, make voluntary return unreasonable or require the provision of accommodation…

Section 39 of the Criminal Justice Act 1991 does not create an unlimited right to make repeated representations after recall on licence. Representations must…

Detention under the Fast Track asylum process is not unlawful merely because the claimant has family or relationship ties in the United Kingdom. The court must…

At a local planning inquiry, the merits of established Government policy are generally not open for reconsideration. The inquiry should focus on the proposal…

A planning decision is not invalidated by every procedural defect. The court must consider the statutory purpose, the circumstances and any resulting…

A competent adult’s decision about life-prolonging treatment is ordinarily determinative, including a decision requiring treatment. Medical opinion does not…

For certification of a repeat immigration claim, “ground” includes its factual and legal aspects. The court should adopt a purposive approach directed to…

On a reference under section 29 of the National Health Service and Health Care Professionals Act 2002, the court must determine whether the disciplinary…

In a planning challenge, a decision-maker must identify and properly interpret the relevant development-plan policies, consider the material considerations…

Under section 11(3)(b) of the Extradition Act 1989, the court must consider whether the passage of time would make return unjust or oppressive, having regard…

Costs in judicial review proceedings remain subject to the court’s overall assessment of justice. The court may reduce costs where a party has incurred…

A magistrates’ court has an exceptional inherent power to set aside its own liability order. A genuine and arguable dispute about liability is necessary but…

In a challenge under section 288 of the Town and Country Planning Act 1990, the court does not rehear the planning evidence. It intervenes where the…

A magistrates’ court generally has a single opportunity to determine the mode of trial. It may reopen that decision only within the circumstances expressly…

A civil proceedings order under section 42 of the Supreme Court Act 1981 should be made where the statutory conditions are satisfied and the litigant’s…

Whether a site lies within a town centre for retail-planning purposes is ordinarily a matter of planning judgment, informed by local circumstances. A…

A civil proceedings order is justified where the litigant’s persistent and unsuccessful proceedings, repeated appeals and applications, abusive conduct…

Judicial review of an Immigration Appeal Tribunal decision is not a general rehearing. A new ground may be raised only where it has both a strong prospect of…

School disciplinary proceedings are not criminal trials. The special admissibility and voluntariness requirements governing confessions under Police and…

A local authority may apply for an anti-social behaviour order against a child in its care. Its concurrent duties to protect the public and safeguard the…

A pension-sharing order creates independent pension credit rights, but it does not require those rights to come into payment when the former spouse’s pension…

On an application for interim relief in judicial review, the court must consider whether there is a serious issue to be tried and where the balance of…

A ratepayer seeking mandatory relief from non-domestic rates must establish, on the evidence available when liability is determined, that it is a charity and…

For a restricted patient transferred to hospital under sections 48 and 49 of the Mental Health Act 1983, the Tribunal may assess discharge by reference to the…

A Youth Court retains jurisdiction over an offender under 15 unless the statutory conditions for Crown Court committal are met. The exceptional power to commit…

A transfer from prison to hospital under section 47 of the Mental Health Act 1983 does not bring a custodial sentence to an end. The sentence continues to run…

When deciding whether to restrict identification under section 39 of the Children and Young Persons Act 1933 in proceedings concerning an anti-social behaviour…

A prison disciplinary adjudication is not subject to an absolute requirement of publicity under Article 6. The right to a public hearing is qualified by the…

For an injury award under the Police Pensions Regulations 1987, psychiatric disablement must be substantially caused by an injury received while the officer…

Under paragraph 8 of Schedule 27 to the Education Act 1996, a request to substitute the school named in an existing statement is confined to changing the…

Under rule 21 of the Mental Health Review Tribunal Rules 1983, a patient’s valid request and the tribunal’s satisfaction that a public hearing would not be…

Under section 31(1) of the Highways Act 1980, evidence rebutting presumed dedication need not have been communicated to users of the way or been likely to come…

In an appeal against professional disciplinary sanctions, incompetent representation alone does not justify a rehearing. The appellant must show that the…

An appellate immigration tribunal should not reopen an adjudicator’s credibility findings on its own initiative except in a plain and obvious case…

Planning policy guidance must be applied through planning judgment, having regard to the particular circumstances of the site. Guidance in paragraph 10 of…

An application for an occasional licence under the Licensing Act 1964 may address circumstances extending beyond a particular event or function. The power can…

A challenge under Town and Country Planning Act 1990, section 288, examines legality rather than the planning merits. The court must identify a specific error…

A local housing authority exercising its discretion to provide accommodation pending review under section 188(3) of the Housing Act 1996 may rely on the…

A planning inspector must address a principal and genuinely controversial issue capable of affecting the outcome. Failing to consider such an issue, or failing…

Prison categorisation must be based on the prescribed security considerations: likelihood of escape, risk to the public if escape occurs and, in limited cases…

In a planning challenge under Town and Country Planning Act 1990, a claimant must show a genuine interest in obtaining relief. Commercial opportunism, without…

In assessing whether a lawful residential use has been abandoned, the decision-maker must consider the relevant circumstances, including the physical condition…

A university visitor may appoint a competent person to investigate an appeal and provide advice, provided that the visitor personally makes the final decision…

A local authority’s care plan for a disabled child must promote her welfare through services appropriate to her needs, minimise the effects of disability…

A local authority’s care assessment for disabled children must address their assessed needs in the context of family circumstances, including parenting…

Permission to amend judicial review grounds should generally be refused where the original decision has ceased to be operative and the proposed amendment would…

Section 85(1) of the Water Resources Act 1991 creates a strict-liability offence. Liability does not require proof of intention, negligence or recklessness. A…

An appellate tribunal considering permission to appeal must assess arguable disputes about what occurred before the adjudicator by considering the competing…

Under section 42 of the Supreme Court Act 1981, the High Court may make an all proceedings order where a person has habitually and persistently, without…

A magistrates’ court has jurisdiction to stay committal proceedings for abuse of process where the alleged abuse directly affects the fairness of the…

When deciding whether to request accelerated or expedited treatment of a reference to the Court of Justice, the court may consider the practical consequences…

Under the Disability Discrimination Act 1995, a school must take reasonable, proactive steps to ensure that a disabled pupil is not placed at a substantial…

A parking adjudicator’s decision may be challenged in the Administrative Court only by judicial review for an error of law, subject to the requirement that the…

Under section 42 of the Supreme Court Act 1981, a Criminal Proceedings Order may be made where a person has habitually and persistently, and without reasonable…

A magistrates’ court may adjourn a trial only by exercising its discretion on proper judicial principles. The application must be subjected to rigorous…

The sequential test in PPG 25 operates by reference to flood-risk categories shown on flood-plain maps, without initially taking account of flood defences. A…

Summary judgment may be given where the defendant has no real prospect of successfully defending the claim or issue and there is no other compelling reason for…

Where disciplinary restrictions are required to protect the public, the disciplinary tribunal entrusted with that function should ordinarily impose the…

Under the Criminal Injuries Compensation Scheme, whether conduct amounts to a crime of violence is assessed by reference to the events that occurred, rather…

In extradition proceedings, the requesting state must provide a fair and accurate description of the conduct alleged to constitute the offence. This…

On an application for a liability order under section 33 of the Child Support Act 1991, the magistrates’ court decides only whether the payments claimed have…

Forfeiture under section 141 of the Customs and Excise Management Act 1979 is not confined to goods of precisely identical species. The question is whether the…

The making of representations said to constitute a fresh asylum claim does not automatically revive entitlement to asylum support. Following an earlier…

A police constable’s office may be terminated only under applicable statutory or subordinate legislative provisions. A power permitting retirement on notice…

An enforcement immunity acquired through ten years’ continuous use is not equivalent to planning permission for every purpose. It may end when the land is…

Whether conduct amounts to careless driving is a question of fact for the trial court, applying the standard of the reasonable competent driver. A driver who…

A public authority may owe a common-law duty of care for negligent administrative implementation of an immigration decision. The duty can arise where the…

For an offence requiring driving on a road, it is insufficient to establish merely that the public had access to the place. The court must first determine…

A professional disciplinary tribunal may investigate conduct which has resulted in a criminal acquittal. The criminal and professional inquiries address…

Section 42(1A) of the Police Act 1996 permits the Secretary of State to require a chief constable’s suspension where he considers it necessary to maintain…

In assessing quantitative retail need under PPG6 and related ministerial guidance, a decision-maker must consider all evidence capable of bearing on that…

Where judicial review proceedings end without a substantive determination, the court retains jurisdiction to decide costs. The court should do justice between…

Eligibility under the former Criminal Injuries Compensation Scheme depended on the ordinary meaning of living together as members of the same family. The…

Article 5(4) does not require the Parole Board itself to fix the date of a subsequent review. The Secretary of State may perform that administrative function…

Where national planning policy states that compliance with specified public-exposure guidelines should ordinarily resolve health concerns in telecommunications…

Once a criminal charge has been dismissed after the prosecution offers no evidence, the magistrates’ court is functus officio. It has no inherent power to…

Prison Service Orders must be read together. A young offender held in segregation is not automatically entitled to the ordinary full regime, but the ordinary…

At the confirmation stage under section 53 and Schedule 15 to the Wildlife and Countryside Act 1981, the Secretary of State must determine whether a disputed…

Where permitted development rights grant planning permission subject to a prior-approval procedure, consultation duties do not make the permission conditional…

An initial decision not to prosecute may be revisited only in exceptional circumstances. Where the decision was based solely on the evidential test and was…

When a statutory wage-setting body creates different minimum rates, the distinction must rest on facts relating to the work, including skill, commitment…

On a remitted enforcement appeal, the decision-maker must reconsider the matter subject to the High Court’s ruling and statutory constraints. An earlier…

Withdrawal of an abatement notice does not deprive magistrates of jurisdiction over an appeal already properly commenced by complaint. The magistrates retain…

Judicial review is generally unsuitable for interrupting a criminal prosecution where the alleged abuse, prosecutorial impropriety or statutory defence depends…

Local authorities applying the Fair Access to Care Services framework must assess all presenting needs and evaluate the resulting risks to independence.…

A local education authority must provide free transport where, without it, a parent would have a defence under Education Act 1996, section 444(4), to a…

In a planning or listed-building appeal, an inspector must have all material facts and necessary information before carrying out the required balancing…

In a planning challenge, an inspector need not consider separate parts of a proposed development where the conclusion is that the development as a whole causes…

In assessing whether an asylum adjudicator has addressed risk on return, the determination must be read fairly and as a whole. An express finding in a separate…

A school’s requirement that pupils comply with a published uniform policy does not amount to exclusion merely because a pupil chooses not to attend unless…

Judicial review proceedings are not necessarily academic merely because the claimant’s success may not directly determine present rights. The court must…

Offering a single article for sale in a street can constitute street trading. The statutory concept does not require proof of repeated transactions or a…

A local planning authority considering an independent inspector’s report must address the substantial points raised and explain why it disagrees with the…

Prison Service Orders are policy guidance and do not, merely by omission or general wording, remove the Secretary of State’s statutory discretion concerning…

Under the child support departure-direction scheme, allowable special expenses must exceed the prescribed weekly threshold before the Secretary of State may…

In extradition proceedings governed by the European Convention on Extradition Order 2001, the requesting state need not establish evidential sufficiency, but…

A statutory appeal must be brought within the period fixed by the enabling legislation where that legislation contains no power to extend time. General…

On a claim under section 288 of the Town and Country Planning Act 1990, the court may intervene where an inspector’s reasoning is unintelligible or fails to…

A consent order recording special educational provision must be construed in its statutory and factual context. Where the provision reproduces an obligation in…

Where a use falls within a Use Class, intensification of that use does not constitute enforceable development if the use remains within the same class. This…

In determining whether professional misconduct is serious professional misconduct, a professional disciplinary tribunal must consider the seriousness of the…

In reviewing a professional disciplinary decision, the court asks whether the decision is unlawful on traditional public-law grounds. A professional conduct…

An appellate tribunal must give a party a fair opportunity to meet a materially changed case. Where new evidence introduces a substantial and previously…

For the purposes of paragraph 10 of Schedule 3 to the Naval, Military and Air Forces Etc. (Disablement and Death) Services Pensions Order 1983, an omission may…

In construing an historic planning consent, the court must identify the permission granted by reading the consent together with any plan incorporated into it.…

An independent appeal panel considering permanent exclusion must decide whether exclusion is a reasonable response to the pupil’s conduct. It must consider the…

Failure to comply with a notice requiring production of tachograph records is a do notice offence. The offence is complete when the period specified for…

In Convention extradition proceedings, identification need not be proved by any prescribed category of evidence. The court may rely on the totality of reliable…

Under section 54A of the Town and Country Planning Act 1990, a development plan remains the starting point, but permission may be granted where material…

On a statutory appeal from a professional disciplinary committee, the court must conduct a genuine rehearing but should respect the committee’s assessment of…

A civil proceedings order under Supreme Court Act 1981, section 42, requires habitual and persistent vexatious litigation or applications made without…

A later enforcement notice is a valid “second bite” notice only where it concerns the same breach and corrects its description. A materially wider notice must…

When deciding whether to recover possession from an unauthorised travellers’ encampment, a local authority must make sufficient enquiries and conduct a fair…

A judicial review claim may proceed after the claimant’s practical need for relief has ended where the issues remain important, the court can grant appropriate…

Under section 28 of the Crime and Disorder Act 1998, a racial group may be defined by nationality or national origins. The group need not be inclusively…

A disciplinary appeal panel need not resolve every conflict in the evidence where the central issue is whether a pupil was involved in the relevant misconduct.…

Planning policy must be interpreted by the decision-maker. A legal error arises only where the interpretation adopted is not reasonably open on the wording and…

In a magistrates’ court, an application under section 78 of the Police and Criminal Evidence Act 1984 need not be determined before the prosecution evidence is…

Under section 22 of the City of Westminster Act 1999, charges on street traders may be fixed on an aggregate basis, taking one year with another, to recover…

A planning decision-maker may give substantial weight to revised national and regional aggregates guidelines when assessing mineral need, including their…

Before taking enforcement action, a local planning authority must make sufficient enquiries to understand the nature, likely duration and harmful effects of…

Section 127 of the Magistrates Courts Act 1980 limits the jurisdiction to entertain a complaint; it is not an evidential filter once jurisdiction has been…

Professional misconduct involving prolonged failures to maintain proper client-account records, failure to provide required accountant’s reports, obstruction…

A conviction entered on a guilty plea may be quashed by judicial review where the plea was based on a fundamental and common error about the legal elements of…

A compulsory transfer of property engaging Article 1 of the First Protocol requires a fair balance between the public interest and the owner’s rights. The test…

Section 42 of the Supreme Court Act 1981 permits a civil proceedings order where a person has habitually and persistently instituted vexatious proceedings…

For the six-month limitation period under Magistrates Courts Act 1980, an information is laid only when it is sufficiently complete and effectively…

On an appeal from a professional disciplinary tribunal’s costs decision, the appellate court may substitute its own decision while giving appropriate respect…

Where Parliament has enacted a specific criminal defence to give domestic effect to an international obligation, the statutory wording governs the defence…

A person suspected of drink-driving cannot insist on delaying the statutory specimen procedure until legal advice has been obtained. The right to consult a…

Where the correct interpretation of Community VAT provisions governing intra-Community supplies is genuinely uncertain and requires uniform application, the…

A Crown Court judge considering an application to extend time for appealing a magistrates’ court order must exercise a broad discretion directed towards…

Whether an open-sided structure adds floorspace for planning-policy purposes depends on the purpose and character of the proposed structure, read in the…

For the purposes of section 169A of the Licensing Act 1964, “a person” does not include the corporate proprietor or employer which is not the licence holder.…

On a reference alleging undue lenience under section 29 of the National Health Service Reform and Health Care Professions Act 2002, the court must itself…

In deciding whether to name a school in a statement of special educational needs, the tribunal must determine whether the proposed school is appropriate, not…

For police injury-pension purposes, the question is whether the officer’s disablement from performing the ordinary duties of a police officer is likely to be…

A child or young person under 15 should generally be tried in the Youth Court. Committal to the Crown Court is justified only where there is a real prospect…

Where a prison adjudication results in additional days of imprisonment, it constitutes the determination of a criminal charge for Article 6 purposes. Once…

The procedural obligation under article 2 to investigate a death cannot be relied on domestically where the death occurred before the Human Rights Act 1998…

For the purposes of Rule 25 of the Solicitors Disciplinary Proceedings Rules 1994, a respondent attends the hearing when present at the sitting at which the…

An appellate court hearing a disciplinary appeal should conduct a rehearing and may substitute its own decision, while according appropriate respect to the…

The court adjourned the substantive proceedings after finding that the claimant’s solicitors were not competent to deal with the case as presented. It directed…

Under section 21(1)(a) of the National Assistance Act 1948, a chronically ill asylum seeker may be in need of care and attention even where he can otherwise…

Where a summons has been lawfully served under Rule 99(1) of the Magistrates' Courts Rules 1981, magistrates have no discretion to require personal service…

A doctor’s duty of confidence does not give parents of a child an absolute power to prevent appropriate welfare concerns being raised. Unauthorised use or…

Where disability adaptations can probably be funded through a disability facilities grant, a local authority is not presently required to fund them under…

Implementing regulations must be construed purposively so far as possible to conform with the directive they implement, while remaining sufficiently precise…

Where a restricted patient is recalled to hospital because of an emergency, continued detention is not necessarily unlawful merely because the disorder newly…

A restraint order under the Criminal Justice Act 1988 does not automatically prevent payment of bona fide general creditors before conviction or confiscation.…

A strike-out procedure may determine a claim only where, taking the claimant’s case at its highest, it is manifestly incapable of succeeding. It is generally…

A local planning authority may use its powers under section 178 of the Town and Country Planning Act 1990 even though it previously obtained an injunction…

A youth court must not remit an offender to an adult magistrates’ court for sentence where the offence is triable only on indictment for an adult. Such a…

Under regulation 9 of the Care Homes Regulations 2001, fitness to manage a care home is defined by mandatory statutory requirements, not by general guidance. A…

Gypsy status for planning purposes is assessed functionally by reference to the person’s way of life at the time of determination. Temporary cessation of…

Article 8 does not ordinarily require entry clearance for an adult parent merely because a family relationship exists. The court must examine whether a…

Injunctive relief following an unlawful removal is discretionary and must be assessed in all the circumstances. The primary consideration is the unlawfulness…

Apparent bias in local-authority planning decisions is assessed by asking whether a fair-minded and informed observer would conclude that there was a real…

A Mental Health Review Tribunal considering the discharge of a restricted patient must address both limbs of Mental Health Act 1983, section 73(1). It must…

Certification of a human-rights claim as manifestly unfounded is justified where the claim is bound to fail. Where the essential facts are accepted, the…

A writ of habeas corpus is not ordinarily available to challenge the merits of a conviction or sentence imposed by a court of competent jurisdiction where an…

A local authority has a very wide discretion to increase the number of hackney carriage licences, including by removing numerical restrictions altogether. A…

Development carried out for the purposes of the Crown remains Crown development even where a private contractor designs, builds and operates it under a lease.…

Tax authorities investigating repayment claims must act reasonably and proportionately and should keep the taxpayer informed of the stage reached. They are not…

On an appeal against professional disciplinary sanction, the court conducts a rehearing and may substitute its own decision, while giving appropriate weight to…

Computer-generated records made automatically from transactions are real evidence where their contents do not depend on information processed by a human mind.…

Suspicion that a person was driving while over the alcohol limit does not prove that the person was driving. A conviction for driving with excess alcohol…

A person affected by an environmental decision may have a sufficient interest to challenge it even if they took no part in the preceding consultation.…

A statutory review of a national disqualification is directed to whether the disqualification should continue or end. It is not a rehearing of the earlier…

On an application for re-release after recall, the Parole Board must apply the statutory question whether it is satisfied that continued confinement remains…

The Youth Justice and Criminal Evidence Act 1999 deliberately excludes accused persons from its statutory special-measures regime. That exclusion is not…

A fast-track asylum procedure is lawful if, viewed as a whole, its nature and design are capable of producing a fair process. Fairness is assessed in context…

An appeal under section 29 of the National Health Service Reform and Health Care Professions Act 2002 succeeds only where the disciplinary decision was unduly…

Whether refusal to adjourn proceedings breaches the fair-trial guarantee depends on all the circumstances. The court may consider both the importance of…

Where an Appeal Tribunal wrongly concludes that it lacks jurisdiction to determine an appeal concerning the abatement of Incapacity Benefit, the error is one…

The court has power to permit restrained or receivership assets to be used for a defendant’s legal costs, including costs of appealing a confiscation order.…

A local authority must reassess a person’s community-care needs before changing existing services. The assessment must have sufficient formality to ensure that…

Section 29 of the National Health Service Reform and Health Care Professions Act 2002 permits the Council to refer an acquittal by a professional disciplinary…

Previous conviction prevents extradition only where the subsequent accusation is the same offence in fact and law. It does not apply merely because conduct…

For the six-year limitation period governing an application for a child-support liability order, payment does not become legally due until the maintenance…

Under section 28(6)(b) of the Crime (Sentences) Act 1997, the Parole Board must decide whether continued confinement remains necessary for public protection.…

A breach of the reasonable-time guarantee in Article 6 does not ordinarily invalidate a criminal conviction where the hearing remained fair and it was fair to…

Section 101 of the Nationality, Immigration and Asylum Act 2002 does not expressly or impliedly remove the High Court’s jurisdiction to entertain judicial…

Under section 137 of the Highways Act 1980, stopping on a highway is prima facie an obstruction if it materially interferes with the public’s use. The…

The prosecution may be permitted to reopen its case after a submission of no case to answer. The discretion is general, but must be exercised sparingly and…

A person required to provide a blood or urine specimen under the Road Traffic Act 1988 cannot insist on a defined period, such as 15 minutes, to obtain legal…

Section 294(1) of the Town and Country Planning Act 1990 provides immunity from enforcement only where development carried out by or on behalf of the Crown was…

For an injury to qualify as received in the execution of duty under regulation A11 of the Police Pensions Regulations 1987, the causal connection must be with…

When sustainability is a main issue in a planning appeal, an inspector must give intelligible reasons for accepting or rejecting the relevant considerations.…

Under section 42 of the Supreme Court Act 1981, the High Court may make a civil proceedings order where a person has habitually and persistently, and without…

Under section 172 of the Road Traffic Act 1988, a chief officer of police may impose reasonable requirements governing how information identifying a vehicle…

A planning condition must impose any obligation clearly and expressly. A court may construe an ambiguous condition in a common-sense way, having regard to the…

A statutory authority which has dispensed with the investigation of a police complaint under the relevant regulations may ordinarily review and revoke that…

Costs are discretionary. A licensing tribunal must consider all relevant circumstances when deciding whether a police authority performing a statutory…

Judicial review is generally unsuitable for challenging an interim anti-social behaviour order where statutory appeal routes provide a more effective remedy.…

On judicial review of a refusal of leave to appeal, the court may intervene only where it is clearly arguable that the adjudicator’s proportionality conclusion…

When deciding whether legal representation is required in criminal proceedings, the court must assess the interests of justice, including whether conviction…

Section 172(3) of the Road Traffic Act 1988 creates one offence: failure to comply with a requirement for driver-identification information. The information…

A non-statutory compensation scheme must be applied according to its terms. Judicial review cannot require payment of interest or inflation uplift where the…

For special removal of an old on-licence, the statutory condition that premises are “about to be” pulled down or occupied for a public purpose requires…

A movement restriction notice made under regulation 29A of the TSE (England) Regulations 2002 must be kept under review and reviewed fairly. The livestock…

Article 6(1) requires a court to give reasons, but it does not require a detailed answer to every argument. The extent of the duty depends on the nature of the…

A prisoner's denial of guilt cannot by itself prevent a reduction in security category. The authorities must nevertheless assume the conviction to be correct.…

When reviewing a professional disciplinary penalty, the court must not substitute its own view for that of the disciplinary body. The question is whether the…

A breach of a seasonal planning condition can acquire immunity from enforcement under section 171B(3) of the Town and Country Planning Act 1990. The breach…

A statement of special educational needs must define the child’s needs and specify the provision required to meet them. A tribunal determining an appeal must…

An appellate tribunal hearing an appeal against an urgent registration order may consider subsequent evidence and changes of circumstance when deciding whether…

Under section 42 of the Supreme Court Act 1981, a civil proceedings order may be made where a person has habitually and persistently, without reasonable…

In assessing very special circumstances for inappropriate development in the Green Belt, an inspector may give substantial weight to the absence of alternative…

A Mental Health Review Tribunal’s failure to notify the Secretary of State of an application by a restricted patient for absolute discharge is a fundamental…

A prisoner ordinarily must satisfy all requirements of the applicable incentives and earned privileges scheme to obtain enhanced status. Compliance with…

A local housing authority’s duty to secure accommodation for a homeless applicant with priority need requires the accommodation to be suitable for the…

Under the construction industry levy scheme, activities must first fall within paragraph 1 of the Schedule to the Scope Order before the exclusions in…

Local planning policies regulate the use and development of land, not its ownership. A policy preventing the sub-division of garden ground to permit a new…

For the purposes of Environmental Protection Act 1990, section 34(1)(b), “escape” does not extend to the deliberate depositing or dumping of controlled waste.…

On an appeal by way of rehearing from a professional disciplinary tribunal, the court should respect the tribunal’s assessment of witnesses who gave evidence…

A local authority may, in exercising its powers under Children Act 1989, offer financial assistance for a family to return to a country where the children’s…

An inspector’s planning judgment must be read as a whole. An inspector may consider comparable developments elsewhere when assessing whether a proposal is…

A taxpayer cannot establish arguable unfairness in tax administration merely by showing that other taxpayers who appear to have been in the same position were…

A university visitor’s decision is generally not reviewable merely for error of law. Judicial review is confined to cases where the visitor acted outside…

In extradition proceedings concerning a conviction in absentia, the court must decide whether return would be unjust in all the circumstances. The inquiry is…

In telecommunications planning cases, the availability of alternative sites is a material consideration, but applicants are not required to invoke statutory…

For the purposes of asylum support, an appeal remains pending when an application for permission to appeal out of time has been received by the Immigration…

Under section 9 of the Food Safety Act 1990, once a justice of the peace is satisfied that food fails to comply with food safety requirements, condemnation is…

Professional disciplinary bodies must give reasons sufficient to explain their findings and penalty. In a case turning essentially on credibility, it is…

Permission for judicial review should be granted where a genuinely arguable challenge to the inclusion of a country within the statutory list under section 94…

Whether an activity is ancillary to a permitted planning use depends first on whether it amounts to a material change of use. The assessment is one of fact and…

An asylum adjudicator must address crucial factual issues with clear, reasoned and evidence-based analysis. A decision may be flawed where the adjudicator…

In an asylum appeal, an adjudicator must distinguish between the truth of an applicant’s account and the existence or diagnosis of a medical condition said to…

An indication by magistrates that they accept sentencing jurisdiction may create a legitimate expectation that they will sentence the defendant. The…

A challenge to a local plan under section 287 of the Town and Country Planning Act 1990 is effectively a judicial review challenge. A local planning authority…

In a planning challenge, an Inspector must distinguish between development that is inappropriate in Green Belt policy terms and development that is merely…

When reviewing a special educational needs tribunal decision, the court must examine whether the tribunal’s conclusions are supported by evidence capable of…

Where alleged misconduct falls within a statutory disciplinary code, the employer’s power to dismiss is fettered by that code. A dismissal must comply strictly…

Under section 22(3) of the Prosecution of Offences Act 1985, the requirements concerning good and sufficient cause and prosecutorial diligence are linked. A…

In extradition proceedings under the Extradition Act 1989, the requesting state generally decides what evidence to place before the committing court and owes…

The supplied judgment text records argument about whether postdating evidence can support a fresh human-rights claim. It does not contain the court’s reasons…

Restrictions on a prisoner’s correspondence with treating doctors engage Article 8 and must be justified as proportionate in the individual circumstances.…

An Order in Council made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 is primary legislation for the purposes of the Human…

A professional disciplinary committee gives adequate notice of a resumed hearing where notice is sent to the practitioner’s registered or last known address…

Police may take reasonable preventive measures short of arrest where a senior officer honestly and reasonably apprehends a real risk of a breach of the peace…

Judicial review is not an appropriate means of challenging judicial decisions in civil proceedings where the claimant has a right of appeal. Even assuming that…

A Parole Board decision recalling a prisoner may be quashed where relevant material was not disclosed and the reasons fail to address a central contention. A…

On an application for permission involving fully argued issues of Community law, the court may require a substantial prospect of success, rather than merely an…

Under the council tax statutory scheme, liability to pay is distinct from the actual duty to pay. The duty arises when the billing authority serves a demand…

An ex gratia compensation scheme is construed as a public announcement of government policy, according to the reasonable and literate reader’s understanding…

Rule 301 of the Immigration Rules 1994 concerns children joining persons granted limited leave with a view to settlement under specified earlier provisions. It…

The ordinary meaning of road is not extended merely because vehicles or pedestrians can pass through a car park. A car park may exceptionally contain a route…

For funding purposes, negligence by omission may amount to “serious wrongdoing” by a public authority without being deliberate, malicious or dishonest. The…

On an application for a certificate of inadequacy, the defendant bears the burden of proving that the value of his realisable assets has fallen below the…

Controls on the use of land for environmental protection do not ordinarily require compensation for every resulting loss. The availability of compensation…

Under regulation 40(3)(c) of the Conservation (Natural Habitats etc) Regulations 1994, a person may have a defence where damage to a protected species is the…

An answer identifying the driver of a vehicle may be admitted under section 78 of the Police and Criminal Evidence Act 1984 where police officers ask…

Refusing asylum support may breach Article 3 where the claimant has no accommodation, no realistic access to food or washing, and no lawful means of support.…

A statutory tribunal has no general power to set aside or reopen a decision once made, unless that power is expressly conferred by legislation or rules. A…

A criminal court considering costs against an impecunious defendant must have regard to whether the defendant has the means and ability to pay, together with…

A police appeals tribunal hearing an appeal under the Police Act 1996 has power to reconsider the matter and reach its own conclusion on the appropriate…

A warning is a condition of the statutory power to arrest for a racially aggravated public-order offence, but it is not an ingredient of the offence itself.…

A keeper responding to a requirement under section 172 of the Road Traffic Act 1988 may provide the required information in a signed letter cross-referenced to…

Where a landlord revises the reasons for seeking possession of an introductory tenancy, the statutory review should address only the reasons specified in the…

Where goods fail an ignitability test conducted in accordance with the applicable regulations and British Standard, the statutory prohibition on supplying…

Differential treatment in the statutory early-release arrangements for prisoners liable to removal may fall within the ambit of Article 5 and engage Article…

Where a court has decided forfeiture proceedings on an erroneous burden of proof, the decision should ordinarily be quashed. A reviewing court may uphold the…

Article 5(5) of the European Convention on Human Rights confers a domestic, enforceable right to compensation for a breach of Article 5, even where section 6…

A magistrates’ court has a general discretion to admit further prosecution evidence after the close of the prosecution case, although the discretion must be…

Under section 55 of the Nationality Immigration Asylum Act 2002, an asylum seeker bears the burden of showing that the claim was not made as soon as reasonably…

Racial aggravation may be established under either or both limbs of section 28(1) of the Crime and Disorder Act 1998. Under section 28(1)(a), a defendant may…

Under section 42 of the Supreme Court Act 1981, the court may make a civil proceedings order where a person has habitually and consistently, without reasonable…

An adjudicator does not deny legal representation merely because counsel withdraws after an adjournment application has been refused. Under rule 31(1) of the…

Judicial review is unsuitable for determining a disputed beneficial interest where the issue requires evidence, disclosure and cross-examination. In the…

Judicial review is a remedy of last resort. Where a contract provides an arbitration procedure capable of dealing satisfactorily with the claimant’s…

An appeal against professional disciplinary erasure is by way of rehearing. The court may substitute its own decision, while giving appropriate respect to the…

A local planning authority’s decision that a later application is the same as, or substantially the same as, an earlier application involves planning judgment.…

A planning policy is interpreted initially by the decision-maker. The court may intervene only where the adopted meaning is one the policy is not reasonably…

Planning judgments are primarily matters for the specialist decision-maker. The court should read an inspector’s decision benevolently and avoid undue textual…

Support under section 55(5) of the Nationality, Immigration and Asylum Act 2002 is not required merely because an asylum seeker is destitute, homeless or…

Disclosure of disputed, non-conviction information in an enhanced criminal record certificate requires a pressing social need and a rigorous, fact-sensitive…

A challenge under Town and Country Planning Act 1990 section 288 succeeds only on the statutory grounds, which broadly correspond to judicial review grounds.…

Eligibility for a council tax student disregard depends on satisfying each cumulative condition in paragraph 4(1) of Part 2 of Schedule 1 to the Council Tax…

On a statutory appeal from a professional disciplinary tribunal, the court reviews whether the tribunal acted reasonably and lawfully. It does not rehear the…

Whether residents occupy a dwellinghouse as a single household under Class C3 is a fact-sensitive question of fact and degree. No single feature, including…

In an asylum case, an appeal has a real prospect of success where persuasive authority materially supports the claimant’s argument that protection must be…

Demolition may constitute development for planning purposes where it amounts to a building, engineering or other operation. Whether it does so is ordinarily a…

Under Highways Act 1980 section 31, the effectiveness of a notice against the acquisition of prescriptive highway rights depends on its meaning in its physical…

Article 5(4) does not generally require an automatic review of detention. It is sufficient that a detained person can take proceedings at reasonable intervals…

A restricted patient may be conditionally discharged where the tribunal is not satisfied that either the statutory detention criteria is met. Continued…

When exercising the wide discretion to order a rehearing under Magistrates' Courts Act 1980, magistrates must act judicially and consider all relevant and…

A person factually supervising a learner driver may be in charge of the vehicle for the purposes of section 5(1)(b) of the Road Traffic Act 1988, even if that…

A constable in uniform may stop a motorist under Road Traffic Act 1988, section 163, or under the common law, without reasonable suspicion, provided the…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality rather than rehearing planning merits. An…

A challenge under section 288 of the Town and Country Planning Act 1990 is confined to legal error or non-compliance with a relevant statutory requirement. An…

Detention under the Immigration Act 1971 must be exercised for the purpose of removal and within a reasonable period. The Secretary of State may adopt a policy…

An adjudicator must give reasons for the determination, but is not generally required to give reasons for each reason supporting it. A challenge to credibility…

A defendant must receive a proper opportunity to give evidence in his defence before conviction. On judicial review, the court must assess whether that…

Under Article 5 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, the claimant bears the burden of producing…

For criminal regulatory offences, mens rea is not invariably required. The court must consider the statutory language, purpose, the danger addressed, the…

Under the Home Detention Curfew scheme, a single term containing a sentence for an offence within a presumed-unsuitable category attracts the policy…

A decision to detain a person under 18 in prison is reviewable by the courts and must be made individually, having regard to the applicable statutory powers…

In an asylum appeal, an adjudicator must apply general country conditions to the accepted facts of the individual case. A conclusion about risk on return may…

Freedom of expression protects views that offend, shock or disturb, but it is subject to lawful and proportionate restrictions. Under section 5 of the Public…

When deciding whether to permit a defendant to change an election for summary trial, magistrates must address the broad justice of the situation. The central…

A specialist educational tribunal’s decision will be upheld where it has considered the evidence, addressed the substantial issues and given intelligible…

A consent order should be reopened for a supervening event only where a new event invalidates the order’s fundamental basis. The event must be a complete and…

A local authority’s eligibility criteria for specialist mental-health services cannot determine whether a person requires generic community care services. The…

A local authority consulting tenants about a housing-management proposal is not generally required to present equal arguments for and against the proposal.…